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Pages 36467–36804

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i II Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005

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Contents Federal Register Vol. 70, No. 121

Friday, June 24, 2005

Agricultural Marketing Service Children and Families Administration RULES NOTICES Avocados grown in— Agency information collection activities; proposals, Florida, 36467–36470 submissions, and approvals, 36642–36643

Agriculture Department Coast Guard See Agricultural Marketing Service RULES See Commodity Credit Corporation Ports and waterways safety; regulated navigation areas, See Food and Nutrition Service safety zones, security zones, etc.: See Natural Resources Conservation Service Indian River, FL, 36509–36511 NOTICES NOTICES Conservation Security Program: Committees; establishment, renewal, termination, etc.: Program payments under Internal Revenue Code; Navigation Safety Advisory Council, 36648–36649 determination, 36557 Reports and guidance documents; availability, etc.: Nontank vessel oil response plans; owner and operator Blind or Severely Disabled, Committee for Purchase From requirements; legislation issues, 36649–36650 People Who Are See Committee for Purchase From People Who Are Blind Commerce Department or Severely Disabled See Foreign-Trade Zones Board See International Trade Administration Centers for Disease Control and Prevention See National Oceanic and Atmospheric Administration NOTICES Inventions, Government-owned; availability for licensing, Committee for Purchase From People Who Are Blind or 36610–36611 Severely Disabled Meetings: NOTICES Disease, Disability, and Injury Prevention and Control Procurement list; additions and deletions, 36559–36561 Special Emphasis Panel, 36611 National Occupational Research Agenda; Web site update Commodity Credit Corporation and future design input request, 36611–36612 PROPOSED RULES Reports and guidance documents; availability, etc.: Loan and purchase programs: Anthrax immune globulin studies in animals; preliminary Cottonseed Payment Program, 36536–36539 results, 36644 Defense Department Centers for Medicare & Medicaid Services See Navy Department See Inspector General Office, Health and Human Services NOTICES Department Agency information collection activities; proposals, RULES submissions, and approvals, 36565–36566 Medicare: Ambulatory surgical centers; covered procedures; list Education Department update NOTICES Correction, 36533 Grants and cooperative agreements; availability, etc.: NOTICES Safe and Drug-Free Schools Programs— Agency information collection activities; proposals, Alcohol and other drug prevention models on college submissions, and approvals, 36612–36613 campuses, 36568–36571 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Medicare— National Assistive Technology Public Internet Site Medical Adult Day-Care Services Demonstration Program, 36571–36575 Program, 36613–36615 Privacy Act: State Children’s Health Insurance Program (2006 FY), Systems of records, 36575–36577 36615–36620 Medicare: Employment Standards Administration Inpatient rehabilitation facility classification criteria, NOTICES 36640–36641 Minimum wages for Federal and federally-assisted Medicare and Medicaid: construction; general wage determination decisions, Program issuances and coverage decisions; quarterly 36659–36660 listing, 36620–36640 Meetings: Energy Department Medicare— See Federal Energy Regulatory Commission Demonstration of Bundled Case-Mix Adjusted Payment NOTICES System for End-Stage Renal Disease Services Agency information collection activities; proposals, Advisory Board, 36642 submissions, and approvals, 36577–36578

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Environmental Protection Agency Practice and procedure: RULES Commission issuances; discontinuation of paper service Air pollutants, hazardous; national emission standards: to persons who receive electronic service, 36581 Cellulose products manufacturing; correction, 36523– Applications, hearings, determinations, etc.: 36524 Mirant NY-Gen LLC, 36578 Air programs; State authority delegations: Point Comfort Pipeline Company, L.P., 36578–36579 Iowa and Kansas, 36515–36523 Air quality implementation plans; approval and Federal Transit Administration promulgation; various States: NOTICES Pennsylvania, 36511–36515 Agency information collection activities; proposals, Pesticides; tolerances in food, animal feeds, and raw submissions, and approvals, 36690–36691 agricultural commodities: Trifloxystrobin, 36524–36533 Fish and Wildlife Service PROPOSED RULES PROPOSED RULES Air quality implementation plans; approval and Migratory bird hunting: promulgation; various States: Alaska; spring/summer subsistence harvest regulations, Pennsylvania, 36546–36547 36794–36799 Solid wastes: NOTICES Hazardous waste; identification and listing— Comprehensive conservation plans; availability, etc.: Exclusions, 36547–36554 Detroit River International Wildlife Refuge, MI, 36650– NOTICES 36651 Environmental statements; availability, etc.: Agency statements— Food and Nutrition Service Comment availability, 36582–36583 NOTICES Weekly receipts, 36581–36582 Agency information collection activities; proposals, Grants and cooperative agreements; availability, etc.: submissions, and approvals, 36558 Drinking Water State Revolving Fund Program, 36583– Meetings: 36586 Maternal, Infant, and Fetal Nutrition National Advisory Pesticide programs: Council, 36558–36559 Risk assessment— Carbofuran, 36586–36588 Foreign-Trade Zones Board Toxic and hazardous substances control: NOTICES New chemicals— Applications, hearings, determinations, etc.: Receipt and status information, 36588–36594 California Executive Office of the President Space Systems/Loral, Inc.; manufacturing facilities; See Management and Budget Office correction, 36561 See Presidential Documents General Services Administration See Trade Representative, Office of United States NOTICES Federal Aviation Administration Acquisition regulations: RULES Personal Data (Warning) (OF 86A); form cancellation, Airworthiness directives: 36594 Agusta S.p.A., 36484–36486 Airbus, 36476–36479 Health and Human Services Department AvCraft Dornier, 36470–36472 See Centers for Disease Control and Prevention Boeing, 36474–36476, 36486–36488 See Centers for Medicare & Medicaid Services Cessna, 36472–36474 See Children and Families Administration Eurocopter France, 36482–36484 See Inspector General Office, Health and Human Services McDonnell Douglas, 36479–36480 Department Turbomeca, S.A., 36480–36482 See National Institutes of Health Class E airspace, 36488–36494 PROPOSED RULES PROPOSED RULES Health care programs; fraud and abuse: Airspace: Health Insurance Portability and Accountability Act— Aviation weather information; new icing products; user Data collection program; final adverse actions input request and meeting, 36539–36540 reporting; correction, 36554–36555 Class E airspace, 36540–36546 NOTICES NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 36594–36595 RTCA, Inc., 36688–36689 Grants and cooperative agreements; availability, etc.: Passenger facility charges; applications, etc.: Heart health care programs for high-risk women, 36595– Gerald R. Ford International Airport, MI, 36689–36690 36605 National Centers of Excellence in Women’s Health and Federal Energy Regulatory Commission National Community Centers of Excellence in NOTICES Women’s Health Ambassadors for Change Program, Electric rate and corporate regulation combined filings, 36605–36610 36579–36580 Meetings: Homeland Security Department Pinnacle West Capital Corp. et al., 36581 See Coast Guard

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Housing and Urban Development Department Meetings: RULES Resource Advisory Councils— Inspector General Office: Eastern Montana, 36653 Subpoenas and production in response to subpoenas or Withdrawal and reservation of lands: demands of courts or other authorities, 36790–36791 Montana; canceled, 36654 NOTICES Grants and cooperative agreements; availability, etc.: Management and Budget Office Homeless assistance; excess and surplus Federal NOTICES properties, 36650 Meetings: Acquisition Advisory Panel, 36664–36665 Inspector General Office, Health and Human Services Department Maritime Administration PROPOSED RULES NOTICES Health care programs; fraud and abuse: Coastwise trade laws; administrative waivers: Health Insurance Portability and Accountability Act— BLUE MOON, 36691 Data collection program; final adverse actions COLD STEEL, 36691–36692 reporting; correction, 36554–36555 DAEDALUS, 36692 EQUITY, 36692–36693 Interior Department EXPLORER, 36693 See Fish and Wildlife Service NSS PATTAM, 36693–36694 See Land Management Bureau PROMISE, 36694 See National Park Service SEA FEVER, 36694–36695 International Trade Administration VALHALLA, 36695 NOTICES Millennium Challenge Corporation Antidumping: NOTICES Chlorinated isocyanurates from— Millennium Challenge Act: China, 36561–36562 Compact with Honduras, 36700–36788 Spain, 36562–36563 Countervailing duties: National Aeronautics and Space Administration Honey from— NOTICES Argentina, 36563–36565 Meetings: International Trade Commission Planetary Protection Advisory Committee, 36661–36662 NOTICES Return to Flight Task Group, 36662 Import investigations: National Institutes of Health Internal combustion industrial forklift trucks from— Japan, 36657 NOTICES Agency information collection activities; proposals, North American Free Trade Agreement (NAFTA)— submissions, and approvals, 36643–36644 Modifications; probable effects, 36657–36658 Inventions, Government-owned; availability for licensing, Justice Department 36612 NOTICES Meetings: Agency information collection activities; proposals, National Institute of Child Health and Human submissions, and approvals, 36658–36659 Development, 36647 National Institute of Dental and Craniofacial Research, Labor Department 36646–36647 See Employment Standards Administration National Institute of Diabetes and Digestive and Kidney See Labor Statistics Bureau Diseases, 36645–36646 NOTICES National Institute of General Medical Sciences, 36645– Grants and cooperative agreements; availability, etc.: 36648 Combating exploitive child labor through education in— National Institute on Alcohol Abuse and Alcoholism, Angola, 36659 36644–36645 Sierra Leone and Liberia, 36659 Scientific Review Center, 36648

Labor Statistics Bureau National Oceanic and Atmospheric Administration NOTICES RULES Agency information collection activities; proposals, International fisheries regulations: submissions, and approvals, 36660–36661 Pacific halibut— Catch sharing plan, 36533–36535 Land Management Bureau PROPOSED RULES NOTICES Fishery conservation and management: Closure of public lands: Alaska; fisheries of Exclusive Economic Zone— Idaho, 36651 Bering Sea and Aleutian Islands groundfish; catch- Coal leases, exploration licenses, etc.: monitoring standards; public workshop, 36555– Montana, 36651 36556 Environmental statements; availability, etc.: NOTICES Wind energy development on BLM-administered lands in Environmental statements; notice of intent: western United States, 36651–36653 Alaska Coastal Zone Management Program, 36565

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National Park Service Fixed Income Clearing Corp., 36679–36680 NOTICES National Association of Securities Dealers, Inc., 36681– Boundary establishment, descriptions, etc.: 36683 Biscayne National Park, FL, 36654 National Securities Clearing Corp., 36683 Environmental statements; availability, etc.: New York Stock Exchange, Inc., 36683–36685 Chiricahua National Monument, AZ; fire management plan, 36654 Social Security Administration Lincoln Boyhood National Memorial, IN; general RULES management plan, 36654–36655 Social security benefits and supplemental security income: Environmental statements; notice of intent: Federal old age, survivors, and disability insurance and Lassen Volcanic National Park, CA; comprehensive site aged, blind, and disabled— plan, 36655 Vocational rehabilitation services, employment Yellowstone and Grand Teton National Parks, and John services, or other support services programs; D. Rockefeller Jr., Memorial Parkway, WY, MT, and benefit payments to participating individuals, ID; winter use plans, 36656 36494–36509

National Science Foundation State Department NOTICES NOTICES Antarctic Conservation Act of 1978; permit applications, Culturally significant objects imported for exhibition: etc., 36662–36663 Lords of Creation: the Origins of Sacred Maya Kingship, Meetings: 36685 EarthScope Science and Education Advisory Committee, Meetings: 36663 President’s Refugee Admissions Program (2006 FY), 36685 Natural Resources Conservation Service NOTICES Surface Transportation Board Environmental statements; notice of intent: NOTICES Cape Cod Water Resources Restoration Project, MA, Rail carriers: 36559 Control exemptions— Navy Department Genesee & Wyoming Inc. et al., 36695–36696 NOTICES Railroad operation, acquisition, construction, etc.: Environmental statements; notice of intent: Norfolk Southern Railway Co., 36696 F/A-18 E/F (Super Hornet) Aircraft; introduction to U.S. Railroad services abandonment: East Coast, 36566–36567 San Pedro Railroad Operating Co., LLC, 36696–36697 Inventions, Government-owned; availability for licensing, 36567 Trade Representative, Office of United States NOTICES Nuclear Regulatory Commission World Trade Organization: NOTICES Dispute settlement panel establishment requests— Environmental statements; availability, etc.: Canada; softwood lumber, 36685–36688 Rio Algom Mining, LLC, 36663–36664 Transportation Department Office of Management and Budget See Federal Aviation Administration See Management and Budget Office See Federal Transit Administration See Maritime Administration Office of United States Trade Representative See Surface Transportation Board See Trade Representative, Office of United States Treasury Department Presidential Documents NOTICES ADMINISTRATIVE ORDERS Agency information collection activities; proposals, Western Balkans; continuation of national emergency submissions, and approvals, 36697 (Notice of June 23, 2005), 36801–36803

Securities and Exchange Commission NOTICES Separate Parts In This Issue Agency information collection activities; proposals, submissions, and approvals, 36665–36666 Part II Investment Company Act of 1940: Millennium Challenge Corporation, 36700–36788 GE Life and Annuity Assurance Co., et al., 36666–36670 Meetings; Sunshine Act, 36670–36671 Part III Self-regulatory organizations; proposed rule changes: Housing and Urban Development Department, 36790–36791 American Stock Exchange LLC, 36671–36673 Boston Stock Exchange, Inc., 36673–36676 Part IV Chicago Board Options Exchange, Inc., 36676–36678 Interior Department, Fish and Wildlife Service, 36794– Depository Trust Co., 36678–36679 36799

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Part V Executive Office of the President, Presidential Documents, To subscribe to the Federal Register Table of Contents 36801–36803 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change Reader Aids settings); then follow the instructions. Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 13219 (See Notice of June 23, 2005)...... 36803 13304 (See Notice of June 23, 2005)...... 36803 Administrative Orders: Notices: Notice of June 23, 2005 ...... 36803 7 CFR 915...... 36467 Proposed Rules: 1427...... 36536 14 CFR 39 (9 documents) ...... 36470, 36472, 36474, 36476, 36479, 36480, 36482, 36484, 36486 71 (6 documents) ...... 36488, 36489, 36490, 36491, 36492, 36493 Proposed Rules: 71 (5 documents) ...... 36539, 36540, 36542, 36543, 36544 20 CFR 404...... 36494 416...... 36494 24 CFR 2004...... 36790 33 CFR 165...... 36509 40 CFR 52...... 36511 60...... 36515 61...... 36515 63 (2 documents) ...... 36515, 36523 180...... 36524 Proposed Rules: 52...... 36546 261...... 36547 42 CFR 416...... 36533 45 CFR Proposed Rules: 61...... 36554 50 CFR 300...... 36533 Proposed Rules: 20...... 36794 679...... 36555

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Rules and Regulations Federal Register Vol. 70, No. 121

Friday, June 24, 2005

This section of the FEDERAL REGISTER [email protected]; or Internet: handler subject to an order may file contains regulatory documents having general http://www.regulations.gov. All with USDA a petition stating that the applicability and legal effect, most of which comments should reference the docket order, any provision of the order, or any are keyed to and codified in the Code of number and the date and page number obligation imposed in connection with Federal Regulations, which is published under of this issue of the Federal Register and the order is not in accordance with law 50 titles pursuant to 44 U.S.C. 1510. will be made available for public and request a modification of the order The Code of Federal Regulations is sold by inspection in the Office of the Docket or to be exempted therefrom. A handler the Superintendent of Documents. Prices of Clerk during regular business hours, or is afforded the opportunity for a hearing new books are listed in the first FEDERAL can be viewed at: http:// on the petition. After the hearing USDA REGISTER issue of each week. www.ams.usda.gov/fv/moab.html. would rule on the petition. The Act FOR FURTHER INFORMATION CONTACT: provides that the district court of the William G. Pimental, Marketing United States in any district in which DEPARTMENT OF AGRICULTURE Specialist, Southeast Marketing Field the handler is an inhabitant, or has his Office, Marketing Order Administration or her principal place of business, has Agricultural Marketing Service Branch, Fruit and Vegetable Programs, jurisdiction to review USDA’s ruling on AMS, USDA, 799 Overlook Drive, Suite the petition, provided an action is filed 7 CFR Part 915 A, Winter Haven, Florida 33884; not later than 20 days after the date of [Docket No. FV05–915–2 IFR] telephone: (863) 324–3375; Fax: (863) the entry of the ruling. 325–8793; or George Kelhart, Technical This rule prohibits the handling of Avocados Grown in South Florida; Advisor, Marketing Order fresh market avocados in 20 bushel Changes in Container and Reporting Administration Branch, Fruit and plastic field bins to destinations inside Requirements Vegetable Programs, AMS, USDA, 1400 the production area. This rule also Independence Avenue SW., STOP 0237, requires handlers to provide, at the time AGENCY: Agricultural Marketing Service, Washington, DC 20250–0237; telephone: of inspection, information regarding the USDA. (202) 720–2491; Fax: (202) 720–8938. avocado count per container, which ACTION: Interim final rule with request Small businesses may request will, in turn, provide the Committee and for comments. information on complying with this the industry with information regarding regulation by contacting Jay Guerber, SUMMARY: This rule changes the the sizes of avocados packed. These Marketing Order Administration container and reporting requirements changes are expected to decrease Branch, Fruit and Vegetable Programs, currently prescribed under the packing costs by reducing the annual AMS, USDA, 1400 Independence marketing order for avocados grown in loss of field bins and provide handlers Avenue SW., STOP 0237, Washington, South Florida. The marketing order with additional marketing information. DC 20250–0237; telephone: (202) 720– regulates the handling of avocados The Committee unanimously 2491; Fax: (202) 720–8938; or E-mail: grown in South Florida and is recommended these changes at meetings [email protected]. administered locally by the Avocado held on September 8, 2004, and Administrative Committee (Committee). SUPPLEMENTARY INFORMATION: This rule November 10, 2004. This rule prohibits the handling of fresh is issued under Marketing Agreement Section 915.51(4) of the order market avocados in 20 bushel plastic No. 121 and Marketing Order No. 915, provides authority for establishing field bins to destinations inside the both as amended (7 CFR part 915), container requirements for the handling production area. This rule also requires regulating the handling of avocados of avocados. Section 915.51(6) of the handlers to provide, at the time of grown in South Florida, hereinafter order provides that any or all inspection, information regarding the referred to as the ‘‘order.’’ The order is requirements effective pursuant to number of avocados packed per effective under the Agricultural § 915.51(4) shall be different for the container (count per container). These Marketing Agreement Act of 1937, as handling of avocados within the changes are expected to help reduce amended (7 U.S.C. 601–674), hereinafter production area and outside the packing costs and facilitate the referred to as the ‘‘Act.’’ production area. Section 915.305 of the distribution of useful marketing The Department of Agriculture order’s rules and regulations specifies information. (USDA) is issuing this rule in the avocado container requirements. conformance with Executive Order Section 915.60 of the order provides DATES: Effective June 25, 2005; 12866. authority for the Committee to require comments received by August 23, 2005 This rule has been reviewed under handlers to file reports and provide will be considered prior to issuance of Executive Order 12988, Civil Justice other information as may be necessary a final rule. Reform. This rule is not intended to for the Committee to perform its duties. ADDRESSES: Interested persons are have retroactive effect. This rule will Section 915.150 specifies the requisite invited to submit written comments not preempt any State or local laws, reporting requirements. concerning this rule. Comments must be regulations, or policies, unless they This rule amends § 915.305 by adding sent to the Docket Clerk, Marketing present an irreconcilable conflict with a prohibition to the handling of fresh Order Administration Branch, Fruit and this rule. market avocados in 20 bushel plastic Vegetable Programs, AMS, USDA, 1400 The Act provides that administrative field bins to all destinations within the Independence Avenue SW., STOP 0237, proceedings must be exhausted before regulated production area. This rule also Washington, DC 20250–0237; Fax: (202) parties may file suit in court. Under amends § 915.150 by adding a 720–8938; E-mail: section 608c(15)(A) of the Act, any requirement that handlers provide

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additional pack information at the time marketed, the bins are purportedly used the Committee with information of inspection. for many different purposes and may be regarding the quantity of large avocados Currently, there are no specific dispersed even further from the being packed. container net weight or dimension originating packinghouse. Handlers are Prior to this change, no data was requirements for avocados handled to thus provided very little chance of collected that provided information on destinations within the production area. recovering them for their own use. the various sizes of avocados being However, shipments of avocados within The Committee believes that once packed. During the Committee’s the production area must meet maturity bins are no longer authorized for use as discussion of this issue, handlers agreed requirements and be inspected. containers for inspection, that although they were getting Prior to this action, 20 bushel plastic transportation, and sale of fresh information regarding the number of field bins (bins) were commonly being avocados to markets within the bushels packed, it would be valuable to used for the purpose of moving production area, the movement of these have information regarding the volume avocados into the current of commerce containers will be limited, thus helping of small, medium, and large avocados within the production area (handling). to reduce the number of lost bins. Cash packed for market. The Committee Following the successful inspection of handlers—generally handlers without believes the availability of such avocados packed in bins, the inspector packing facilities that tend to buy bulk information will help both grower and would place a cardboard cover over the avocados directly from the growers— handler when making harvesting and top of the bin and seal it with official will have to use different containers to packing decisions. Federal-State Inspection Service tape. pack and transport avocados within the Committee members agreed having The bins could then be transported and production area. Committee members information to help determine if any sold at the various markets throughout suggested that one such option could be sizes are overrepresented or the production area. It should be noted a commonly available 20 bushel field underrepresented in the marketplace that current container regulations do not bin constructed of cardboard rather than would be valuable when planning and authorize the use of field bins for plastic, but at a much lower cost of making marketing decisions. There is a shipments of avocados from within the about $10 each. close correlation between size and price. production area to any point outside of The Committee believes this change An oversupply of one size of fruit can the production area. will help to restrict the use of the negatively impact the price for that size At the September 8, 2004, meeting, expensive plastic field bins to their and all sizes. By reporting count per Committee members raised the issue originally intended purpose as a method container, the industry will be better that, each year, a large number of bins of conveyance of avocados from grove to able to gauge available markets by are apparently misappropriated during packinghouse. Prohibiting the use of knowing the volume of what sizes are the avocado season. Committee these bins for the purpose of handling available. consensus is that the ongoing loss of the fresh market avocados will help prevent An avocado will never reach full bins has been costly to the industry, them from being transported to maturity unless it is severed from the with the average cost of a bin about locations far from the originating tree. Consequently, harvest can be $150 each. By Committee estimates, packinghouse. This, in turn, will result delayed without affecting the flavor or over 700 bins were lost during the in the majority of the bins remaining in the quality of the fruit. This fact, in previous season at a cost of over the local area where they are much more combination with information on sizes, $100,000 to the bins’ owners. easily recovered. Reducing the number allows the industry to make harvesting In the harvesting of avocados, field of lost bins represents a significant and marketing decisions based on bins have the primary function of potential cost savings for the industry. available markets. transporting avocados from grove to Therefore, the Committee voted Without good information regarding packing facility. These bins are usually unanimously to put this regulation in the sizes available in the market, the owned by individual packinghouses, or place. market pipelines for certain sizes can handlers, and are either delivered to, or This rule also revises the reporting become full, driving prices down. picked up at, the packing facility by the requirements under the order. Handlers Having access to this information will harvester. Handlers have found that, are currently reporting to the inspector help the industry better balance supply much too often, field bins are not at the time of inspection the number of with demand. By knowing which sizes returned to the proper packinghouse, 1⁄4 bushel, 1⁄2 bushel, and 4⁄5 bushel are in short supply, the industry can but are instead apparently containers packed. This rule will not determine which sizes need to be misappropriated and used for other only require that handlers continue to harvested. Such information may help purposes. Because of their durability, provide the number and sizes of reduce periods of oversupply and the many of the bins are acquired and containers packed, but in addition, will effect oversupply has on price, reused by small cash handlers to pack require handlers to provide information providing the industry with another tool and transport fruit in the production regarding the number of avocados to more efficiently market avocados and area. Often these bins are then packed per type of container, or ‘‘count maximize industry returns. abandoned at various market locations per container.’’ Knowing the actual Previously, at the time of inspection, throughout the production area. number of avocados packed per handlers have been commonly reporting Once the bins are transported to container, in addition to the number container size and quantity to the different market locations throughout and size of containers packed, the inspector, who then includes this the production area, they become very Committee and the industry will be information on the inspection difficult to recover. The avocado groves armed with information regarding the certificates. Inspection certificates are and packinghouses are situated around various sizes of avocados being packed, then provided to the Committee, which the Homestead, Florida area. However, as well as the quantity of different sizes compiles the information into reports the production area stretches into being marketed. For example, a handler that are in turn provided to the avocado Central Florida. Consequently, bins might report to the inspector on duty industry. Committee members believe often end up in locations over 100 miles that the current lot being inspected has this procedure has been working away in cities such as Tampa and 500 1⁄4 bushel containers, 6 count each. effectively, and that having handlers Orlando. Once the avocados have been This type of information would provide report the count per container in the

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same fashion will be equally effective. Florida avocados during the 2003–04 production area, the Committee hopes In most cases, this is information the season was around $22.22 per 55-pound to break this cycle and move those who handler already has available, and thus bushel container, and total shipments prefer this size container to a lower cost needs only to supply it to the inspector were near 660,000 55-pound bushel alternative. While an alternative at the time of inspection. As with the equivalents. Approximately 11 percent cardboard container that holds an current report, the Committee will of all handlers handled 76 percent of equivalent volume costs only about $10, compile the data received and report it Florida avocado shipments. Using the an individual plastic bin costs around to the industry on a composite basis to average price and shipment information $150. This change should result in a aid growers and handlers in planning provided by the Committee, nearly all cost savings. their individual operations and in avocado handlers could be considered By requiring handlers to supply making marketing decisions during the small businesses under the SBA information on the count per container season. definition. In addition, based on at the time of inspection, the industry This change will provide the industry avocado production, grower prices, and will have access to additional shipment with an indication of the volume of the total number of Florida avocado information. There is little or no cost small, medium, and large sized growers, the average annual grower associated with this action, as most avocados being shipped to the fresh revenue is approximately $98,000. handlers have this information readily market. With this change, handlers Thus, the majority of Florida avocado available and will be supplying it along believe they will have more information producers may also be classified as with information already provided. on which to base their harvesting and small entities. However, the industry will be able to marketing decisions. Consequently, the This rule changes the container and use this data when making harvesting Committee voted unanimously to make reporting requirements currently and marketing decisions. As previously this change. prescribed under the order. This rule noted, there currently is no reliable Section 8e of the Act provides that prohibits the handling of fresh market information widely available regarding when certain domestically produced avocados in 20 bushel plastic field bins the sizes of avocados in the channels of commodities, including avocados, are to destinations within the production commerce. Without good information regulated under a Federal marketing area. This rule also requires handlers to regarding the sizes available in the order, imports of that commodity must provide information regarding the market, handlers have no way to tell meet the same or comparable grade, avocado count per container, which in whether a certain size is overly available size, quality, and maturity requirements. turn provides the Committee and the or in short supply. Having access to this As this rule changes the container and avocado industry with an indication of information will help the industry more reporting requirements under the the sizes of avocados being packed. efficiently balance supply with demand, domestic handling regulations, no These changes are expected to decrease thus reducing periods of oversupply and corresponding changes to the import packing costs by reducing losses of field price variations, while providing the regulations are required. bins and to provide handlers with industry with another tool to better additional information on which to base market its fruit, serve customers, and Initial Regulatory Flexibility Analysis their harvesting and marketing maximize returns. Pursuant to requirements set forth in decisions. The Committee unanimously This rule will have a positive impact the Regulatory Flexibility Act (RFA), the recommended these changes at meetings on affected entities. The changes were Agricultural Marketing Service (AMS) held on September 8, 2004, and recommended to reduce costs and has considered the economic impact of November 10, 2004. This rule modifies improve available industry information. this action on small entities. the container and reporting The reduction in costs associated with Accordingly, AMS has prepared this requirements specified in §§ 915.305 lost bins is expected to benefit all initial regulatory flexibility analysis. and 915.150 respectively. The handlers regardless of size. The The purpose of the RFA is to fit authorities for these actions are availability of more timely and accurate regulatory actions to the scale of provided for in §§ 915.51 and 915.60. industry information will also benefit business subject to such actions in order It is not anticipated that this rule will both large and small handling that small businesses will not be unduly generate any increased costs for operations. Consequently, the or disproportionately burdened. handlers or producers. The Committee opportunities and benefits of this rule Marketing orders issued pursuant to the recommended the change in the are expected to be equally available to Act, and the rules issued thereunder, are container requirements in an effort to all. unique in that they are brought about reduce the costs stemming from the An alternative to the actions through group action of essentially misappropriation of bins. According to recommended by the Committee was small entities acting on their own estimates, more than 700 bins were lost considered prior to making the final behalf. Thus, both statutes have small last season, at a cost to the industry of recommendations. The alternative entity orientation and compatibility. around $100,000. The primary purpose considered was requesting the count per There are approximately 150 of these field bins is to provide bulk container from handlers on a voluntary producers of avocados in the production conveyance of harvested avocados from basis. However, by requiring the area and approximately 35 handlers the groves to the packinghouses. information under authority of the subject to regulation under the order. However, a segment of the industry has order, all handlers will be required to Small agricultural producers are defined been using them to pack and transport participate, which will mean more by the Small Business Administration avocados to markets within the accurate reporting and information. (SBA) as those having annual receipts of production area. Handlers have found Therefore, this alternative was rejected. less than $750,000, and small that bins have been misappropriated, This rule will require small and large agricultural service firms are defined as used for the handling of avocados for avocado handlers to provide some those whose annual receipts are less sale within the production area, and not additional information at the time of than $6,000,000 (13 CFR 121.201). subsequently returned to the rightful inspection. However, handlers have According to the National owner. With a prohibition on the use of access to this information and are Agricultural Statistics Service and the plastic bins in the handling of already providing other information at Committee data, the average price for avocados to points within the the time of inspection. This action

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requires no additional forms. The publication in the Federal Register DEPARTMENT OF TRANSPORTATION information will be recorded by the because: (1) The Committee inspector on the inspection certificate. unanimously recommended these Federal Aviation Administration In accordance with the Paperwork changes at public meetings and Reduction Act of 1995 (44 U.S.C. interested parties had an opportunity to 14 CFR Part 39 Chapter 35), AMS has received OMB provide input; (2) growers and handlers [Docket No. FAA–2005–21053; Directorate approval for the information collection are aware of these changes; (3) the Identifier 2005–NM–053–AD; Amendment requirements for this marketing order Florida avocado shipping season started 39–14161; AD 2005–13–24] program. These requirements are May 16, 2005; and (4) this rule provides approved under the Fruit Crops RIN 2120–AA64 a 60-day comment period and any collection package, OMB No. 0581–0189 Airworthiness Directives; AvCraft OMB. The reporting modifications made comments received will be considered Dornier Model 328–100 Airplanes by this rule are small and will have no prior to finalization of this rule. impact on the overall total burden hours List of Subjects in 7 CFR Part 915 AGENCY: Federal Aviation approved by OMB. Administration (FAA), Department of As with all Federal marketing order Avocados, Marketing agreements, Transportation (DOT). programs, reports and forms are Reporting and recordkeeping ACTION: Final rule. periodically reviewed to reduce requirements. information requirements and SUMMARY: The FAA is adopting a new I For the reasons set forth in the duplication by industry and public airworthiness directive (AD) for all preamble, 7 CFR part 915 is amended as sector agencies. In addition, USDA has AvCraft Dornier Model 328–100 not identified any relevant Federal rules follows: airplanes. This AD requires modifying that duplicate, overlap or conflict with the electrical wiring of the fuel pumps; this rule. PART 915—AVOCADOS GROWN IN SOUTH FLORIDA installing insulation at the hand flow Further, the Committee’s meetings control and shut-off valves, and other were widely publicized throughout the I 1. The authority citation for 7 CFR part components of the environmental avocado industry and all interested control system; and installing markings 915 continues to read as follows: persons were invited to attend and at fuel wiring harnesses. This AD also participate in Committee deliberations. Authority: 7 U.S.C. 601–674. requires revising the Airworthiness Like all Committee meetings, the Limitations section of the Instructions September 8, 2004, and November 10, I 2. Section 915.150 is amended by adding paragraph (e) to read as follows: for Continued Airworthiness to 2004, meetings were public meetings incorporate new inspections of the fuel and all entities, both large and small, § 915.150 Reports. tank system. This AD is prompted by were able to express their views on * * * * * the results of fuel system reviews these issues. Finally, interested persons conducted by the airplane are invited to submit information on the (e) At the time of inspection, each manufacturer. We are issuing this AD to regulatory and informational impacts of handler shall provide to the Federal- reduce the potential of ignition sources this action on small businesses. State Inspection Service the quantity inside fuel tanks, which, in combination A small business guide on complying and size of containers being packed and with flammable fuel vapors, could result with fruit, vegetable, and specialty crop inspected for the fresh avocado market. in fuel tank explosions and consequent marketing agreements and orders may In addition, each handler shall provide loss of the airplane. be viewed at: http://www.ams.usda.gov/ the number of avocados packed per DATES: This AD becomes effective July fv/moab.html. Any questions about the container (count per container). compliance guide should be sent to Jay 29, 2005. Guerber at the previously mentioned I 3. Section 915.305 is amended by The incorporation by reference of certain publications listed in the AD is address in the FOR FURTHER INFORMATION adding paragraph (c) to read as follows: approved by the Director of the Federal CONTACT section. This rule invites comments on § 915.305 Florida Avocado Container Register as of July 29, 2005. changes to the container and reporting Regulation 5. ADDRESSES: For service information requirements currently prescribed under * * * * * identified in this AD, contact AvCraft the Florida avocado marketing order. (c) No handler shall handle any Aerospace GmbH, P.O. Box 1103, D– Any comments received will be avocados for the fresh market in 20 82230 Wessling, Germany. Docket: The AD docket contains the considered prior to finalization of this bushel plastic field bins to destinations proposed AD, comments, and any final rule. inside the production area. After consideration of all relevant disposition. You can examine the AD material presented, including the Dated: June 20, 2005. docket on the Internet at http:// Committee’s recommendations, and Kenneth C. Clayton, dms.dot.gov, or in person at the Docket other information, it is found that this Acting Administrator, Agricultural Marketing Management Facility office between 9 interim final rule, as hereinafter set Service. a.m. and 5 p.m., Monday through forth, will tend to effectuate the [FR Doc. 05–12616 Filed 6–21–05; 3:37 pm] Friday, except Federal holidays. The Docket Management Facility office declared policy of the Act. BILLING CODE 3410–02–P Pursuant to 5 U.S.C. 553, it is also (telephone (800) 647–5227) is located on found and determined upon good cause the plaza level of the Nassif Building at that it is impracticable, unnecessary, the U.S. Department of Transportation, and contrary to the public interest to 400 Seventh Street, SW., room PL–401, give preliminary notice prior to putting Washington, DC. This docket number is this rule into effect and that good cause FAA–2005–21053; the directorate exists for not postponing the effective identifier for this docket is 2005–NM– date of this rule until 30 days after 053–AD.

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FOR FURTHER INFORMATION CONTACT: Dan will take about 70 work hours per List of Subjects in 14 CFR Part 39 Rodina, Aerospace Engineer, airplane, at an average labor rate of $65 Air transportation, Aircraft, Aviation International Branch, ANM–116, FAA, per work hour. Required parts will cost safety, Incorporation by reference, Transport Airplane Directorate, 1601 about $14,118 per airplane. Based on Safety. Lind Avenue, SW., Renton, Washington these figures, the estimated cost of the 98055–4056; telephone (425) 227–2125; AD for U.S. operators is $112,008, or Adoption of the Amendment fax (425) 227–1149. $18,668 per airplane. I Accordingly, under the authority SUPPLEMENTARY INFORMATION: The FAA Authority for this Rulemaking proposed to amend 14 CFR part 39 with delegated to me by the Administrator, an AD for all AvCraft Dornier Model Title 49 of the United States Code the FAA amends 14 CFR part 39 as 328–100 airplanes. That action, specifies the FAA’s authority to issue follows: published in the Federal Register on rules on aviation safety. Subtitle I, Section 106, describes the authority of PART 39—AIRWORTHINESS April 26, 2005 (70 FR 21344), proposed DIRECTIVES to require modifying the electrical the FAA Administrator. Subtitle VII, wiring of the fuel pumps; installing Aviation Programs, describes in more I 1. The authority citation for part 39 insulation at the hand flow control and detail the scope of the Agency’s continues to read as follows: shut-off valves, and other components authority. Authority: 49 U.S.C. 106(g), 40113, 44701. of the environmental control system; We are issuing this rulemaking under and installing markings at fuel wiring the authority described in Subtitle VII, § 39.13 [Amended] harnesses. That action also proposed to Part A, Subpart III, Section 44701, I 2. The FAA amends § 39.13 by adding require revising the Airworthiness ‘‘General requirements.’’ Under that the following new airworthiness Limitations section of the Instructions section, Congress charges the FAA with directive (AD): for Continued Airworthiness to promoting safe flight of civil aircraft in incorporate new inspections of the fuel air commerce by prescribing regulations 2005–13–24 AvCraft Aerospace GmbH tank system. for practices, methods, and procedures (Formerly Fairchild Dornier GmbH): the Administrator finds necessary for Amendment 39–14161. Docket No. Comments safety in air commerce. This regulation FAA–2005–21053; Directorate Identifier We provided the public the is within the scope of that authority 2005–NM–053–AD. opportunity to participate in the because it addresses an unsafe condition Effective Date development of this AD. No comments that is likely to exist or develop on (a) This AD becomes effective July 29, have been submitted on the proposed products identified in this rulemaking 2005. AD or on the determination of the cost action. to the public. Affected ADs Regulatory Findings (b) None. Explanation of Changes to Applicability We have determined that this AD will Applicability and Reference Service Bulletin not have federalism implications under (c) This AD applies to all AvCraft Dornier We have revised the applicability of Executive Order 13132. This AD will not have a substantial direct effect on Model 328–100 airplanes, certificated in any the proposed AD to identify model category. designations as published in the most the States, on the relationship between recent type certificate data sheet for the the national government and the States, Unsafe Condition affected models. We also have revised or on the distribution of power and (d) This AD was prompted by the results the airplane manufacturer’s name of the responsibilities among the various of fuel system reviews conducted by the referenced service bulletin, Dornier levels of government. airplane manufacturer. We are issuing this Service Bulletin SB–328–00–445, dated For the reasons discussed above, I AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with August 23, 2004, to ‘‘AvCraft.’’ certify that this AD: (1) Is not a ‘‘significant regulatory flammable fuel vapors, could result in fuel Conclusion action’’ under Executive Order 12866; tank explosions and consequent loss of the airplane. We have carefully reviewed the (2) Is not a ‘‘significant rule’’ under available data and determined that air DOT Regulatory Policies and Procedures Compliance safety and the public interest require (44 FR 11034, February 26, 1979); and (e) You are responsible for having the adopting the AD with the changes (3) Will not have a significant actions required by this AD performed within described previously. We have economic impact, positive or negative, the compliance times specified, unless the determined that these changes will on a substantial number of small entities actions have already been done. neither increase the economic burden under the criteria of the Regulatory Modification and Installations Flexibility Act. on any operator nor increase the scope (f) Within 12 months after the effective of the AD. We prepared a regulatory evaluation date of this AD, do the actions in Table 1 of of the estimated costs to comply with Costs of Compliance this AD in accordance with the this AD. See the ADDRESSES section for Accomplishment Instructions of AvCraft This AD will affect about 6 airplanes a location to examine the regulatory Service Bulletin SB–328–00–445, dated of U.S. registry. The required actions evaluation. August 23, 2004.

TABLE 1.—REQUIREMENTS

Do the following actions— By accomplishing all the actions specified in—

(1) Modify the electrical wiring of the left-hand and right-hand fuel pumps ...... Paragraph 2.B(1) of the service bulletin. (2) Install insulation at the left-hand and right-hand flow control and shut-off valves, and other Paragraph 2.B(2) of the service bulletin. components of the environmental control system. (3) Install markings at fuel wiring harnesses ...... Paragraph 2.B(3) of the service bulletin.

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Revision to Airworthiness Limitations FAA, has the authority to approve AMOCs 552(a) and 1 CFR part 51. To get copies of (g) Within 12 months after the effective for this AD, if requested in accordance with the service information, contact AvCraft date of this AD, revise the Airworthiness the procedures found in 14 CFR 39.19. Aerospace GmbH, P.O. Box 1103, D–82230 Limitations section of the Instructions for Related Information Wessling, Germany. To view the AD docket, Continued Airworthiness by inserting a copy go to the Docket Management Facility, U.S. (i) German airworthiness directive D– of Dornier Temporary Revision ALD–080, Department of Transportation, 400 Seventh 2005–001, dated January 26, 2005, also dated October 15, 2003, into the Dornier 328 Street SW, room PL–401, Nassif Building, addresses the subject of this AD. Airworthiness Limitations Document. Washington, DC. To review copies of the Thereafter, except as provided in paragraph Material Incorporated by Reference (h) of this AD, no alternative inspection service information, go to the National intervals may be approved for this fuel tank (j) You must use the service information Archives and Records Administration system. specified in Table 2 of this AD to perform the (NARA). For information on the availability actions that are required by this AD, unless of this material at the NARA, call (202) 741– Alternative Methods of Compliance the AD specifies otherwise. The Director of 6030, or go to http://www.archives.gov/ (AMOCs) the Federal Register approves the federal_register/code_of_federal_regulations/ (h) The Manager, International Branch, incorporation by reference of these ibr_locations.html. ANM–116, Transport Airplane Directorate, documents in accordance with 5 U.S.C.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE

Service information Date

AvCraft Service Bulletin SB–328–00–445, including Price Information Sheet ...... August 23, 2004. Dornier Temporary Revision ALD–080 ...... October 15, 2003.

Issued in Renton, Washington, on June 15, The incorporation by reference of Comments 2005. certain publications listed in the Interested persons have been afforded Kevin Mullin, regulations is approved by the Director an opportunity to participate in the Acting Manager, Transport Airplane of the Federal Register as of July 29, making of this amendment. We did not Directorate, Aircraft Certification Service. 2005. receive any comments on the proposed [FR Doc. 05–12304 Filed 6–23–05; 8:45 am] AD. BILLING CODE 4910–13–P ADDRESSES: The service information referenced in this AD may be obtained Conclusion from Cessna Aircraft Co., P.O. Box 7706, After careful review of the available DEPARTMENT OF TRANSPORTATION Wichita, Kansas 67277. This data, the FAA has determined that air information may be examined at the safety and the public interest require the Federal Aviation Administration Federal Aviation Administration (FAA), adoption of the rule as proposed. Transport Airplane Directorate, Rules 14 CFR Part 39 Docket, 1601 Lind Avenue, SW., Cost Impact [Docket No. 2002–NM–332–AD; Amendment Renton, Washington; or at the FAA, There are approximately 357 39–14158; AD 2005–13–21] Wichita Aircraft Certification Office, airplanes of the affected design in the 1801 Airport Road, Room 100, Mid- worldwide fleet. The FAA estimates that RIN 2120–AA64 Continent Airport, Wichita, Kansas. 285 airplanes of U.S. registry will be Airworthiness Directives; Cessna FOR FURTHER INFORMATION CONTACT: affected by this AD. Model 650 Airplanes Robert P. Busto, Aerospace Engineer, We estimate that it will take Systems and Propulsion Branch, ACE– approximately 2 work hours per AGENCY: Federal Aviation 116W, FAA, Wichita Aircraft airplane to replace the ACU, and that Administration (FAA), Department of Certification Office, 1801 Airport Road, the average labor rate is $65 per work Transportation (DOT). Room 100, Mid-Continent Airport, hour. Required parts will cost ACTION: Final rule. Wichita, Kansas 67209; telephone (316) approximately $3,000 per airplane, if 946–4157; fax (316) 946–4107. the ACU is exchanged. Based on these SUMMARY: This amendment adopts a figures, the cost impact of the AD on new airworthiness directive (AD), SUPPLEMENTARY INFORMATION: A U.S. operators is estimated to be applicable to all Cessna Model 650 proposal to amend part 39 of the Federal $892,050, or $3,130 per airplane. airplanes, that requires inspecting to Aviation Regulations (14 CFR part 39) to The cost impact figure discussed determine the part number of the include an airworthiness directive (AD) above is based on assumptions that no actuator control unit (ACU) and that is applicable to all Cessna Model operator has yet accomplished any of replacing the ACU with a new, 650 airplanes was published as a the requirements of this AD action, and improved ACU if necessary. This AD supplemental notice of proposed that no operator would accomplish also requires revising the Limitations rulemaking (NPRM) in the Federal those actions in the future if this AD section of the airplane flight manual. Register on April 22, 2005 (70 FR were not adopted. The cost impact The actions specified by this AD are 20844). That action proposed to require figures discussed in AD rulemaking intended to prevent uncommanded inspecting to determine the part number actions represent only the time movement of the horizontal stabilizer, of the actuator control unit (ACU) and necessary to perform the specific actions which could result in reduced replacing the ACU with a new, actually required by the AD. These controllability of the airplane. This improved ACU if necessary. That action figures typically do not include action is intended to address the also proposed to require revising the incidental costs, such as the time identified unsafe condition. Limitations section of the airplane flight required to gain access and close up, DATES: Effective July 29, 2005. manual. planning time, or time necessitated by

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other administrative actions. The have federalism implications under 2005–13–21 Cessna Aircraft Company: manufacturer may cover the cost of Executive Order 13132. Amendment 39–14158. Docket 2002– replacement parts associated with this For the reasons discussed above, I NM–332–AD. proposed AD, subject to warranty certify that this action (1) is not a Applicability: All Model 650 airplanes, conditions. As a result, the costs ‘‘significant regulatory action’’ under certificated in any category. attributable to the proposed AD may be Executive Order 12866; (2) is not a Compliance: Required as indicated, unless accomplished previously. less than stated above. ‘‘significant rule’’ under DOT To prevent uncommanded movement of Regulatory Policies and Procedures (44 Authority for This Rulemaking the horizontal stabilizer, which could result FR 11034, February 26, 1979); and (3) in reduced controllability of the airplane, Title 49 of the United States Code will not have a significant economic accomplish the following: impact, positive or negative, on a specifies the FAA’s authority to issue Inspection and Replacement if Necessary rules on aviation safety. Subtitle I, substantial number of small entities Section 106, describes the authority of under the criteria of the Regulatory (a) Within 12 months after the effective Flexibility Act. A final evaluation has date of this AD, inspect to determine the part the FAA Administrator. Subtitle VII, number (P/N) of the actuator control unit Aviation Programs, describes in more been prepared for this action and it is (ACU), in accordance with the detail the scope of the Agency’s contained in the Rules Docket. A copy Accomplishment Instructions of Cessna authority. of it may be obtained from the Rules Service Bulletin SB 650–27–53, dated March We are issuing this rulemaking under Docket at the location provided under 11, 2004. If an ACU having P/N 9914197–7 the authority described in Subtitle VII, the caption ADDRESSES. is installed on the airplane, then no further Part A, Subpart III, Section 44701, action is required by this paragraph. If an List of Subjects in 14 CFR Part 39 ACU having P/N 9914197–3 or P/N 9914197– ‘‘General requirements.’’ Under that Air transportation, Aircraft, Aviation 4 is installed on the airplane, replace the section, Congress charges the FAA with safety, Incorporation by reference, existing ACU with a new, improved ACU promoting safe flight of civil aircraft in Safety. having P/N 9914197–7, in accordance with air commerce by prescribing regulations the service bulletin. Although the service for practices, methods, and procedures Adoption of the Amendment bulletin specifies to submit certain the Administrator finds necessary for information to the manufacturer, this AD I safety in air commerce. This regulation Accordingly, pursuant to the authority does not include that requirement. delegated to me by the Administrator, is within the scope of that authority Airplane Flight Manual (AFM) Revision the Federal Aviation Administration because it addresses an unsafe condition (b) Within 1 month after the effective date that is likely to exist or develop on amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: of this AD or concurrently with the products identified in this rulemaking replacement required by paragraph (a) of this action. PART 39—AIRWORTHINESS AD, whichever is first: Revise the Limitations DIRECTIVES and Normal Procedures sections of the AFM Regulatory Impact by inserting into the AFM a copy of all the The regulations adopted herein will I 1. The authority citation for part 39 applicable Cessna temporary revisions (TRs) listed in Table 1 of this AD. not have a substantial direct effect on continues to read as follows: the States, on the relationship between Note 1: When a statement identical to that Authority: 49 U.S.C. 106(g), 40113, 44701. in the applicable TR(s) listed in Table 1 of the National Government and the States, § 39.13 [Amended] this AD has been included in the general or on the distribution of power and revisions of the AFM, the general revisions responsibilities among the various I 2. Section 39.13 is amended by adding may be inserted into the AFM, and the copy levels of government. Therefore, it is the following new airworthiness of the applicable TR may be removed from determined that this final rule does not directive: the AFM.

TABLE 1.—AFM REVISION

Applicable model 650 airplanes Cessna TR(s)

Citation III, S/Ns 0001 through 0199 inclusive, and 0203 through 0206 inclusive; equipped with 65C3FM TC–R02–01, dated May 12, 2004; Honeywell SPZ–8000 integrated avionics system. and 65C3FM TC–R02–06, dated August 11, 2004. Citation III, S/Ns 0001 through 0199 inclusive, and 0203 through 0206 inclusive; not equipped 65C3FM TC–R02–01, dated May 12, 2004; with Honeywell SPZ–8000 integrated avionics system. and 65C3FM TC–R02–07, dated August 11, 2004. Citation VI, S/Ns 0200 through 0202 inclusive, and 0207 and subsequent ...... 65C6FM TC–R04–01, dated May 12, 2004; and 65C6FM TC–R04–06, dated August 11, 2004. Citation VII, S/Ns 7001 and subsequent ...... 65C7FM TC–R10–01, dated May 12, 2004. Citation VII, S/Ns 7001 and subsequent, equipped with Honeywell SPZ–8000 integrated avi- 65C7FM TC–R10–07, dated August 11, 2004. onics system.

Parts Installation Office, FAA, is authorized to approve approved by the Director of the Federal (c) As of the effective date of this AD, no alternative methods of compliance for this Register in accordance with 5 U.S.C. 552(a) AD. and 1 CFR part 51. To get copies of this person may install an ACU having P/N service information, contact Cessna Aircraft 9914197–3 or –4, on any airplane. Incorporation by Reference Co., P.O. Box 7706, Wichita, Kansas 67277. Alternative Methods of Compliance (e) Unless otherwise specified in this AD, To inspect copies of this service information, the actions must be done in accordance with go to the FAA, Transport Airplane (d) In accordance with 14 CFR 39.19, the the service information listed in Table 2 of Directorate, 1601 Lind Avenue, SW., Renton, Manager, Wichita Aircraft Certification this AD. This incorporation by reference was Washington; or to the FAA, Wichita Aircraft

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Certification Office, 1801 Airport Road, Records Administration (NARA). For or go to http://www.archives.gov/ Room 100, Mid-Continent Airport, Wichita, information on the availability of this federal_register/code_of_federal_regulations/ Kansas; or to the National Archives and material at the NARA, call (202) 741–6030, ibr_locations.html.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE

Cessna Service Information Date

Service Bulletin SB 650–27–53 ...... March 11, 2004. Temporary Revision 65C3FM TC–R02–01 ...... May 12, 2004. Temporary Revision 65C3FM TC–R02–06 ...... August 11, 2004. Temporary Revision 65C3FM TC–R02–07 ...... August 11, 2004. Temporary Revision 65C6FM TC–R04–01 ...... May 12, 2004. Temporary Revision 65C6FM TC–R04–06 ...... August 11, 2004. Temporary Revision 65C7FM TC–R10–01 ...... May 12, 2004. Temporary Revision 65C7FM TC–R10–07 ...... August 11, 2004.

Effective Date DATES: This AD becomes effective July considered the comments that have (f) This amendment becomes effective on 29, 2005. been submitted on the proposed AD. July 29, 2005. The incorporation by reference of Supportive Comment Issued in Renton, Washington, on June 14, certain publications listed in the AD is 2005. approved by the Director of the Federal One commenter states that they have Kevin M. Mullin, Register as of July 29, 2005. accomplished the necessary airplane modifications on all affected Model Acting Manager, Transport Airplane ADDRESSES: For service information 777–200 series airplanes in their fleet. Directorate, Aircraft Certification Service. identified in this AD, contact Boeing In addition, the commenter states that [FR Doc. 05–12306 Filed 6–23–05; 8:45 am] Commercial Airplanes, P.O. Box 3707, no additional work is necessary to BILLING CODE 4910–13–P Seattle, Washington 98124–2207. Docket: The AD docket contains the comply with Boeing Service Bulletin proposed AD, comments, and any final 777–28–0025, Revision 1, dated March DEPARTMENT OF TRANSPORTATION disposition. You can examine the AD 17, 2005. The commenter did not state docket on the Internet at http:// any finding of service problems or errors Federal Aviation Administration dms.dot.gov, or in person at the Docket in either the service bulletins or the AD, Management Facility office between 9 nor has the commenter suggested any 14 CFR Part 39 a.m. and 5 p.m., Monday through change to the AD. We infer that the commenter has no objections to the AD. [Docket No. FAA–2004–18784; Directorate Friday, except Federal holidays. The Identifier 2004–NM–59–AD; Amendment 39– Docket Management Facility office Request to Revise Service Bulletin 14157; AD 2005–13–20] (telephone (800) 647–5227) is located on References RIN 2120–AA64 the plaza level of the Nassif Building at One commenter requests that we the U.S. Department of Transportation, coordinate the release of this AD with Airworthiness Directives; Boeing 400 Seventh Street SW., room PL–401, the pending revisions to Boeing Special Model 747–400, –400D, –400F; 767– Washington, DC. This docket number is Attention Service Bulletins 747–28– 200, –300, –300F; and 777–200 and FAA–2004–18784; the directorate 2238, dated October 18, 2001; and 777– –300 Series Airplanes identifier for this docket is 2004–NM– 28–0025, dated January 10, 2002. The 59–AD. AGENCY: Federal Aviation commenter states that several FOR FURTHER INFORMATION CONTACT: Administration (FAA), Department of information notices describe changes to Transportation (DOT). Sulmo Mariano, Aerospace Engineer, the work instructions that will be Propulsion Branch, ANM–140S, FAA, ACTION: Final rule. incorporated into pending service Seattle Aircraft Certification Office, bulletin revisions. If this AD is released SUMMARY: The FAA is adopting a new 1601 Lind Avenue, SW., Renton, calling for the un-revised service airworthiness directive (AD) for certain Washington 98055–4056; telephone bulletins, each airline would need to Boeing Model 747–400, –400D, –400F; (425) 917–6501; fax (425) 917–6590. request an alternative method of 767–200, –300, –300F; and 777–200 and SUPPLEMENTARY INFORMATION: The FAA compliance (AMOC) to allow the –300 series airplanes. This AD requires proposed to amend 14 CFR part 39 with incorporation of the revised work installing a jumper wire between the an AD for certain Boeing Model 747– instructions. We infer that the wiring of the fire extinguisher switch 400, –400D, –400F; 767–200, –300, commenter wants the AD to reference and the fuel shutoff switch for each –300F; and 777–200 and –300 series the revised service bulletins. engine, and other specified actions. This airplanes. That action, published in the We agree with the commenter’s AD is prompted by a certain Federal Register on August 6, 2004 (69 request to reference the revised service combination of conditions, which could FR 47802), proposed to require bulletins. We have reviewed Boeing cause the fuel spar shutoff valves to installing a jumper wire between the Service Bulletins 747–28–2238, remain partially open. We are issuing wiring of the fire extinguisher switch Revision 1; and 777–28–0025, Revision this AD to prevent a latent open circuit and the fuel shutoff switch for each 1; both dated March 17, 2005. The that could leave the fuel spar shutoff engine, and other specified actions. revisions incorporate the changes valve in a partially open position when described in the information notices. the engine fire switch is activated, Comments Paragraph (f) of this AD has been which could result in fuel from the We provided the public the revised to refer to Revision 1 of Boeing engine feeding an uncontrolled fire in opportunity to participate in the Service Bulletins 747–28–2238 and the engine or the strut. development of this AD. We have 777–28–0025. Paragraph (g) of the

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proposed AD already gives credit for since it is not clear what materials Conclusion actions done before the effective date of would be substituted or how the this AD in accordance with the original materials are equivalent in safety. The We have carefully reviewed the issues of these service bulletins, so no final rule has not been changed in this available data, including the comments change is needed to the final rule in this regard. However, if operators care to that have been submitted, and regard. provide technical justification, they may determined that air safety and the public interest require adopting the AD Request To Allow Standard Parts request approval of an AMOC from the FAA in accordance with paragraph (h) with the changes described previously. One commenter requests that the AD of this AD. We have determined that these changes be revised to allow the use of standard will neither increase the economic materials in accordance with Chapter 20 Clarification of Revision to Paragraph burden on any operator nor increase the of the Boeing Standard Wiring Practices (g) of This AD scope of the AD. Manual in place of the specific Boeing part number called out in the applicable We have removed reference to Boeing Costs of Compliance Boeing service bulletins. While no Special Attention Service Bulletin 767– justification is provided, the commenter 28–0066, Revision 1, dated May 29, This AD will affect about 1,882 contends that the use of such standard 2003, from paragraph (g) of this AD. The airplanes worldwide. We estimate that materials would maintain an equivalent reference is the same as that in 579 airplanes of U.S. registry will be level of safety for the modification. paragraph (f) of this AD. Paragraph (e) affected by this AD. The following table We do not agree with the commenter’s of this AD already gives credit for work provides the estimated costs for U.S. request to use the standard materials done before the effective date of the AD. operators to comply with this AD.

ESTIMATED COSTS

Average Action model series Work hours labor rate per Parts Cost per air- hour plane

Installation 747–400, –400D, –400F ...... 4 65 1,450 1,710 Test 747–400, –400D, 400F ...... 2 65 (*) 130 Installation 767–200, –300, –300F ...... 4 65 (*) 760 Test 767–200, –300, –300F ...... 2 65 (*) 130 Installation ...... 4 65 220 480 Test 777–200, –300 ...... 2 65 (*) 130 *None.

Authority for This Rulemaking responsibilities among the various PART 39—AIRWORTHINESS Title 49 of the United States Code levels of government. DIRECTIVES specifies the FAA’s authority to issue For the reasons discussed above, I I 1. The authority citation for part 39 rules on aviation safety. Subtitle I, certify that this AD: continues to read as follows: Section 106, describes the authority of (1) Is not a ‘‘significant regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII, action’’ under Executive Order 12866; Aviation Programs, describes in more § 39.13 [Amended] detail the scope of the Agency’s (2) Is not a ‘‘significant rule’’ under I 2. The FAA amends § 39.13 by adding authority. DOT Regulatory Policies and Procedures We are issuing this rulemaking under (44 FR 11034, February 26, 1979); and the following new airworthiness directive (AD): the authority described in Subtitle VII, (3) Will not have a significant Part A, Subpart III, Section 44701, economic impact, positive or negative, 2005–13–20 Boeing: Amendment 39–14157. ‘‘General requirements.’’ Under that Docket No. FAA–2004–18784; on a substantial number of small entities Directorate Identifier 2004–NM–59–AD. section, Congress charges the FAA with under the criteria of the Regulatory promoting safe flight of civil aircraft in Flexibility Act. Effective Date air commerce by prescribing regulations (a) This AD becomes effective July 29, for practices, methods, and procedures We prepared a regulatory evaluation 2005. the Administrator finds necessary for of the estimated costs to comply with safety in air commerce. This regulation this AD. See the ADDRESSES section for Affected ADs is within the scope of that authority a location to examine the regulatory (b) None. because it addresses an unsafe condition evaluation. Applicability that is likely to exist or develop on List of Subjects in 14 CFR Part 39 (c) This AD applies to Boeing Model 747– products identified in this rulemaking 400, –400D, and –400F series airplanes, line action. Air transportation, Aircraft, Aviation numbers 1 through 1276 inclusive; Model 767–200, –300, and –300F series airplanes, Regulatory Findings safety, Incorporation by reference, Safety. line numbers 1 through 850 inclusive; and We have determined that this AD will Model 777–200 and –300 series airplanes, not have federalism implications under Adoption of the Amendment line numbers 1 through 360 inclusive; Executive Order 13132. This AD will certificated in any category. not have a substantial direct effect on I Accordingly, under the authority Unsafe Condition the States, on the relationship between delegated to me by the Administrator, (d) This AD was prompted by a certain the National Government and the States, the FAA amends 14 CFR part 39 as combination of conditions, which could or on the distribution of power and follows: cause the fuel spar shutoff valves to remain

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partially open. We are issuing this AD to 0066, Revision 1, dated May 29, 2003 (for Material Incorporated by Reference prevent a latent open circuit that could leave Model 767–200, –300, and –300F series (i) You must use the service information the fuel spar shutoff valve in a partially open airplanes); or Boeing Service Bulletin 777– listed in Table 1 of this AD to perform the position when the engine fire switch is 28–0025, Revision 1, dated March 17, 2005 actions that are required by this AD, unless activated, which could result in fuel from the (for Model 777–200 and –300 series engine feeding an uncontrolled fire in the airplanes); as applicable. the AD specifies otherwise. The Director of engine or the strut. the Federal Register approves the Credit for Actions Accomplished Previously incorporation by reference of these Compliance (g) Accomplishment of the actions required documents in accordance with 5 U.S.C. (e) You are responsible for having the by paragraph (f) of this AD before the 552(a) and 1 CFR part 51. To get copies of actions required by this AD performed within effective date of this AD, in accordance with the service information, go to Boeing the compliance times specified, unless the Boeing Special Attention Service Bulletin Commercial Airplanes, P.O. Box 3707, actions have already been done. 747–28–2238, dated October 18, 2001; or Seattle, Washington 98124–2207. To view the 777–28–0025, dated January 10, 2002; as Installation of Jumper Wire AD docket, go to the Docket Management applicable; is considered acceptable for Facility, U.S. Department of Transportation, (f) Within 60 months after the effective compliance with the corresponding action in 400 Seventh Street SW., room PL–401, Nassif date of this AD: Install a jumper wire paragraph (f) of this AD. Building, Washington, DC. To review copies between the wiring of the fire extinguisher switch and the fuel shutoff switch for each Alternative Methods of Compliance of the service information, go to the National engine, and do all other specified actions in (AMOCs) Archives and Records Administration the Accomplishment Instructions of Boeing (h) The Manager, Seattle Aircraft (NARA). For information on the availability Service Bulletin 747–28–2238, Revision 1, Certification Office (ACO), FAA, has the of this material at the NARA, call (202) 741– dated March 17, 2005 (for Model 747–400, authority to approve AMOCs for this AD, if 6030, or go to http://www.archives.gov/ –400D, and –400F series airplanes); Boeing requested in accordance with the procedures federal_register/code_of_federal_regulations/ Special Attention Service Bulletin 767–28– found in 14 CFR 39.19. ibr_locations.html.

TABLE 1.—MATERIAL INCORPORATED BY REFERENCE

Revision Service bulletin level Date

Boeing Service Bulletin 747–28–2238 ...... 1 March 17, 2005. Boeing Service Bulletin 777–28–0025 ...... 1 March 17, 2005. Boeing Special Attention Service Bulletin 767–28–0066 ...... 1 May 29, 2003.

Issued in Renton, Washington, on June 14, indicating that, during a test of the fire the plaza level of the Nassif Building at 2005. extinguishing system, air leakage the U.S. Department of Transportation, Kevin M. Mullin, around the temperature sensor for the 400 Seventh Street, SW., room PL–401, Acting Manager, Transport Airplane aft cargo compartment reduced the Washington, DC. This docket number is Directorate, Aircraft Certification Service. concentration of fire extinguishing agent FAA–2005–20166; the directorate [FR Doc. 05–12311 Filed 6–23–05; 8:45 am] to below the level required to suppress identifier for this docket is 2004–NM– BILLING CODE 4910–13–P a fire. We are issuing this AD to prevent 175–AD. air leakage around the temperature sensor for the aft cargo compartment, FOR FURTHER INFORMATION CONTACT: Tim DEPARTMENT OF TRANSPORTATION which, in the event of a fire in the aft Dulin, Aerospace Engineer, cargo compartment, could result in an International Branch, ANM–116, FAA, Federal Aviation Administration insufficient concentration of fire Transport Airplane Directorate, 1601 extinguishing agent, and consequent Lind Avenue, SW., Renton, Washington 14 CFR Part 39 inability of the fire extinguishing system 98055–4056; telephone (425) 227–2141; [Docket No. FAA–2005–20166; Directorate to suppress the fire. fax (425) 227–1149. Identifier 2004–NM–175–AD; Amendment DATES: This AD becomes effective July SUPPLEMENTARY INFORMATION: The FAA 39–14135; AD 2005–12–19] 29, 2005. proposed to amend 14 CFR part 39 with RIN 2120–AA64 The incorporation by reference of a an AD for certain Airbus Model A319, certain publication listed in the AD is A320, and A321 series airplanes. That Airworthiness Directives; Airbus Model approved by the Director of the Federal action, published in the Federal A319, A320, and A321 Series Airplanes Register as of July 29, 2005. Register on January 31, 2005 (70 FR AGENCY: Federal Aviation ADDRESSES: For service information 4789), proposed to require replacing the Administration (FAA), Department of identified in this AD, contact Airbus, 1 cargo ventilation extraction duct at Transportation (DOT). Rond Point Maurice Bellonte, 31707 frame 65 with a new duct, and Blagnac Cedex, France. ACTION: Final rule. relocating the temperature sensor in the DOCKET: The AD docket contains the aft cargo compartment. SUMMARY: The FAA is adopting a new proposed AD, comments, and any final airworthiness directive (AD) for certain disposition. You can examine the AD Comments Airbus Model A319, A320, and A321 docket on the Internet at http:// We provided the public the series airplanes. This AD requires dms.dot.gov, or in person at the Docket opportunity to participate in the replacing the cargo ventilation Management Facility office between 9 development of this AD. We have extraction duct at frame 65 with a new a.m. and 5 p.m., Monday through duct, and relocating the temperature Friday, except Federal holidays. The considered the comments from a single sensor in the aft cargo compartment. Docket Management Facility office commenter that have been submitted on This AD is prompted by a report (telephone (800) 647–5227) is located on the proposed AD.

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Request To Reference Revised Service was issued in response to French Request To Change Costs of Compliance Information airworthiness directive F–2004–172, Section dated October 27, 2004. That proposed The commenter requests that we The commenter disagrees with the AD would require replacing the water change the proposed AD to refer to labor estimates specified in the drain valves in the forward and aft cargo Airbus Service Bulletin A320–21–1141, proposed AD. The commenter states doors with new valves. The proposed Revision 01, dated December 17, 2004. that the FAA has reduced the estimates compliance time is 6 months. In light of The proposed AD refers to Airbus in the original issue of the referenced the fact that the compliance times are Service Bulletin A320–21–1141, dated service bulletin by approximately one- different, and the actions were April 7, 2004, as the acceptable source third. The commenter adds that the addressed in two separate French of service information for the airplane manufacturer typically airworthiness directives, the rulemaking accomplishment of the proposed underestimates, rather than actions will not be combined. No actions. overestimates, manpower requirements change to the AD is made in this regard. We agree with the commenter’s for repair and modification service request. The procedures in Revision 01 Request To Change Compliance Time bulletins. The commenter recommends of the referenced service bulletin are that the FAA consider the average essentially the same as those in the The commenter states that it agrees estimate of 51.3 work hours, as specified original issue. Accordingly, we have with the need to accomplish the in the referenced service bulletin, to be revised paragraph (f) of this AD to refer proposed changes to meet airworthiness a minimum labor cost; however, 75 to Revision 01 of the service bulletin as standards; however, it has not seen any work hours per airplane is a better the appropriate source of service data that lend this issue a high degree estimate for accomplishing the actions information for accomplishing the of urgency. The commenter specified in the referenced service required actions. We have also added a recommends that the compliance time information. new paragraph (g) (and re-identified specified in the proposed AD be We do not agree that it is necessary subsequent paragraphs accordingly) to changed to the next heavy maintenance state that modifications accomplished to change the work hours in this AD. visit or S-check, instead of the 24-month This number represents the time before the effective date of this AD per compliance time. The commenter adds the original issue of the service bulletin necessary to perform only the actions that this change would reduce the actually required by the AD. The actions are acceptable for compliance with this economic impact to operators, such as AD. in this final rule reflect only the direct the commenter, who would be forced to costs of the specific required actions Request To Reference Related Service take airplanes out of revenue service in based on the best data available from the Information order to meet the 24-month window. manufacturer. The cost analysis in AD The commenter notes that Airbus We do not agree with the commenter. rulemaking actions typically does not Service Bulletin A320–52–1124, In developing an appropriate include incidental costs such as the Revision 01, dated December 17, 2004, compliance time for this action, we time required to gain access and close is mentioned in the referenced French considered the safety implications, up, time necessary for planning, or time airworthiness directive and the operators’ normal maintenance necessitated by other administrative referenced service information. The schedules, and the compliance time actions. Those incidental costs, which commenter states that Service Bulletin recommended by the airplane may vary significantly among operators, A320–52–1124 is also considered manufacturer for the timely are almost impossible to calculate. The necessary to accomplish the restriction accomplishment of the required actions. compliance time in this AD should of airflow through the aft cargo The compliance time of 24 months after allow ample time for operators to do the compartment. The commenter adds that the effective date of this AD is based on required actions at the same time as since airworthiness directives are issued airplane utilization overall, and is scheduled major airplane inspection to address safety concerns, and not consistent with the compliance time and maintenance activities, which portions of a safety concern, both specified in the French airworthiness would reduce the additional time and modifications should be mandated in directive. In addition, the operator costs associated with special this proposed AD. The commenter states provided no data to indicate that a scheduling. No change to the AD is that combining these requirements into compliance time extension will ensure made in this regard. safety. In consideration of these items, one AD also provides the added benefit Conclusion of a central reference point in the case we have determined that compliance that an operator may need to make a within 24 months after the effective date We have carefully reviewed the future determination on whether the of this AD will provide an acceptable available data, including the comments safety concern was fully addressed on level of safety and is an appropriate that have been submitted, and an airplane or fleet of airplanes. The interval of time wherein the required determined that air safety and the commenter adds that issuing separate actions can be accomplished during public interest require adopting the AD ADs for the same safety concern seems scheduled maintenance intervals for the with the change described previously. to complicate the process. majority of affected operators. However, This change will neither increase the We acknowledge the commenter’s according to the provisions of paragraph economic burden on any operator nor request; however, Service Bulletin (h) of this AD, we may approve a increase the scope of the AD. A320–52–1124 was referenced in request to adjust the compliance time if Costs of Compliance another rulemaking action, which was the request includes data that justify issued on February 22, 2005 (Docket No. that a different compliance time would The following table provides the FAA–2005–20453; Directorate Identifier provide an acceptable level of safety. No estimated costs for U.S. operators to 2004–NM–270–AD). That proposed AD change to the AD is made in this regard. comply with this AD.

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ESTIMATED COSTS

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

Replacement of duct/reloca- 34 $65 Between $7,000 Between $9,210 643 Between tion of temperature sensor and $11,640. and $13,850. $5,922,030 and in aft cargo compartment. $8,905,550.

Authority for This Rulemaking the States, on the relationship between the FAA amends 14 CFR part 39 as Title 49 of the United States Code the national government and the States, follows: specifies the FAA’s authority to issue or on the distribution of power and PART 39—AIRWORTHINESS rules on aviation safety. Subtitle I, responsibilities among the various DIRECTIVES Section 106, describes the authority of levels of government. For the reasons discussed above, I the FAA Administrator. Subtitle VII, certify that this AD: I 1. The authority citation for part 39 Aviation Programs, describes in more (1) Is not a ‘‘significant regulatory continues to read as follows: detail the scope of the Agency’s action’’ under Executive Order 12866; authority. (2) Is not a ‘‘significant rule’’ under Authority: 49 U.S.C. 106(g), 40113, 44701. We are issuing this rulemaking under DOT Regulatory Policies and Procedures § 39.13 [Amended] the authority described in Subtitle VII, (44 FR 11034, February 26, 1979); and Part A, Subpart III, Section 44701, (3) Will not have a significant I 2. The FAA amends § 39.13 by adding ‘‘General requirements.’’ Under that economic impact, positive or negative, the following new airworthiness section, Congress charges the FAA with on a substantial number of small entities directive (AD): promoting safe flight of civil aircraft in under the criteria of the Regulatory air commerce by prescribing regulations Flexibility Act. 2005–12–19 Airbus: Amendment 39–14135. for practices, methods, and procedures We prepared a regulatory evaluation Docket No. FAA–2005–20166; the Administrator finds necessary for of the estimated costs to comply with Directorate Identifier 2004-NM–175-AD. safety in air commerce. This regulation this AD. See the ADDRESSES section for Effective Date is within the scope of that authority a location to examine the regulatory (a) This AD becomes effective July 29, because it addresses an unsafe condition evaluation. 2005. that is likely to exist or develop on products identified in this rulemaking List of Subjects in 14 CFR Part 39 Affected ADs action. Air transportation, Aircraft, Aviation (b) None. safety, Incorporation by reference, Regulatory Findings Safety. Applicability We have determined that this AD will Adoption of the Amendment (c) This AD applies to Airbus Model A319, not have federalism implications under A320, and A321 series airplanes, certificated Executive Order 13132. This AD will I Accordingly, under the authority in any category; as identified in Table 1 of not have a substantial direct effect on delegated to me by the Administrator, this AD.

TABLE 1.—APPLICABILITY

Having the Or the fol- But not hav- following Air- lowing Airbus ing the fol- bus modifica- service bul- lowing Airbus Airbus model tion installed letin incor- modification in produc- porated in installed in tion— service— production—

A319 series airplanes ...... 24486 A320–21– 32616 1140 A320 series airplanes ...... 20084 A320–21– 32616 1048 A321 series airplanes ...... 22596 (1) 32616 1 Not applicable.

Unsafe Condition extinguishing agent, and consequent inability Relocation of Aft Cargo Compartment (d) This AD was prompted by a report that, of the fire extinguishing system to suppress Temperature Sensor during a test of the fire extinguishing system, the fire. (f) Within 24 months after the effective air leakage around the temperature sensor for Compliance date of this AD: Replace the ventilation the aft cargo compartment reduced the extraction duct with a new duct and relocate (e) You are responsible for having the concentration of fire extinguishing agent to the aft cargo compartment temperature actions required by this AD performed within below the level required to suppress a fire. sensor by accomplishing all of the actions We are issuing this AD to prevent air leakage the compliance times specified, unless the specified in the Accomplishment around the temperature sensor for the aft actions have already been done. Instructions of Airbus Service Bulletin A320– cargo compartment, which, in the event of a fire in the aft cargo compartment, could 21–1141, Revision 01, dated December 17, result in an insufficient concentration of fire 2004.

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Credit for Actions Done per Previous Issue McDonnell Douglas Model MD–90–30 proposed to require replacing existing of Service Bulletin airplanes. This AD requires replacing dual anti-skid control manifolds (g) Modifications accomplished before the existing dual anti-skid control (DACM) with new, improved or effective date of this AD in accordance with manifolds (DACM) with new, improved reworked and reidentified DACMs; Airbus Service Bulletin A320–21–1141, or reworked and reidentified DACMs; inspecting the inlet filters and other dated April 7, 2004, are acceptable for inspecting the inlet filters and other components of the DACMs for damage; compliance with paragraph (f) of this AD. components of the DACMs for damage; replacing any damaged DACM Alternative Methods of Compliance replacing any damaged DACM components with new or serviceable (AMOCs) components with new or serviceable components; and flushing/cleaning the (h) The Manager, International Branch, components; and flushing/cleaning the braking system prior to replacing the ANM–116, Transport Airplane Directorate, braking system prior to replacing the inlet filters. FAA, has the authority to approve AMOCs inlet filters. This AD is prompted by for this AD, if requested in accordance with reports of multiple incidents of blown Comments the procedures found in 14 CFR 39.19. tires on landing while using maximum We provided the public the Related Information autobrake. We are issuing this AD to opportunity to participate in the (i) French airworthiness directive F–2004– prevent metallic fibers from the first development of this AD. No comments 123, dated July 21, 2004, also addresses the stage filter of the servo valves inside the have been submitted on the proposed subject of this AD. DACM from becoming lodged in the AD or on the determination of the cost first stage nozzle of the servo valve, Material Incorporated by Reference to the public. which could lead to tire failure during (j) You must use Airbus Service Bulletin high speed/high energy braking and Explanation of Change in the Service A320–21–1141, Revision 01, dated December possible subsequent runway departure. Information Citations 17, 2004, to perform the actions that are required by this AD, unless the AD specifies DATES: This AD becomes effective July We have changed the name of the otherwise. The Director of the Federal 29, 2005. manufacturer shown in the service Register approves the incorporation by The incorporation by reference of bulletins cited in the final rule to reference of this document in accordance certain publications listed in the AD is conform to the Office of the Federal with 5 U.S.C. 552(a) and 1 CFR part 51. To approved by the Director of the Federal Register requirements for materials get copies of the service information, contact Register as of July 29, 2005. incorporated by reference in ADs. Airbus, 1 Rond Point Maurice Bellonte, ADDRESSES: 31707 Blagnac Cedex, France. To view the For service information Conclusion AD docket, go to the Docket Management identified in this AD, contact Boeing Commercial Airplanes, Long Beach We have carefully reviewed the Facility, U.S. Department of Transportation, available data and determined that air 400 Seventh Street SW, room PL–401, Nassif Division, 3855 Lakewood Boulevard, Building, Washington, DC. To review copies Long Beach, California 90846, safety and the public interest require of the service information, go to the National Attention: Data and Service adopting the AD with the change Archives and Records Administration Management, Dept. C1–L5A (D800– described previously. We have (NARA). For information on the availability 0024). determined that this change will neither of this material at the NARA, call (202) 741– Docket: The AD docket contains the increase the economic burden on any 6030, or go to http://www.archives.gov/ proposed AD, comments, and any final operator nor increase the scope of the federal_register/code_of_federal_regulations/ AD. ibr_locations.html. disposition. You can examine the AD docket on the Internet at http:// Costs of Compliance Issued in Renton, Washington, on June 14, dms.dot.gov, or in person at the Docket This AD will affect about 115 2005. Management Facility office between 9 airplanes worldwide and 24 airplanes of Kevin M. Mullin, a.m. and 5 p.m., Monday through U.S. registry. The required actions will Acting Manager, Transport Airplane Friday, except Federal holidays. The take about 8 work hours per airplane, at Directorate, Aircraft Certification Service. Docket Management Facility office an average labor rate of $65 per work [FR Doc. 05–12312 Filed 6–23–05; 8:45 am] (telephone (800) 647–5227) is located on hour. Required parts will cost between BILLING CODE 4910–13–P the plaza level of the Nassif Building at $8,000 and $240,780 per airplane. Based the U.S. Department of Transportation, on these figures, the estimated cost of 400 Seventh Street SW., room PL–401, the AD for U.S. operators is between DEPARTMENT OF TRANSPORTATION Washington, DC. This docket number is $204,480 and $5,791,200, or between FAA–2004–19867; the directorate Federal Aviation Administration $8,520 and $241,300 per airplane. identifier for this docket is 2004–NM– 14 CFR Part 39 58–AD. Authority for This Rulemaking FOR FURTHER INFORMATION CONTACT: Title 49 of the United States Code [Docket No. FAA–2004–19867; Directorate Cheyenne Del Carmen, Aerospace specifies the FAA’s authority to issue Identifier 2004–NM–58–AD; Amendment 39– Engineer, Cabin Safety, Mechanical & 14151; AD 2005–13–14] rules on aviation safety. Subtitle I, Environmental Branch, ANM–150L, Section 106, describes the authority of RIN 2120–AA64 FAA, Los Angeles Aircraft Certification the FAA Administrator. Subtitle VII, Office, 3960 Paramount Boulevard, Aviation Programs, describes in more Airworthiness Directives; McDonnell Lakewood, California 90712–4137; detail the scope of the Agency’s Douglas Model MD–90–30 Airplanes telephone (562) 627–5338; fax (562) authority. AGENCY: Federal Aviation 627–5210. We are issuing this rulemaking under Administration (FAA), Department of SUPPLEMENTARY INFORMATION: The FAA the authority described in Subtitle VII, Transportation (DOT). proposed to amend 14 CFR part 39 with Part A, Subpart III, Section 44701, ACTION: Final rule. an AD for all McDonnell Douglas Model ‘‘General requirements.’’ Under that MD–90–30 airplanes. That action, section, Congress charges the FAA with SUMMARY: The FAA is adopting a new published in the Federal Register on promoting safe flight of civil aircraft in airworthiness directive (AD) for all December 16, 2004 (69 FR 75277), air commerce by prescribing regulations

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for practices, methods, and procedures Applicability Inspection aids such as mirror, magnifying the Administrator finds necessary for (c) This AD applies to all McDonnell lenses, etc., may be necessary. Surface safety in air commerce. This regulation Douglas Model MD–90–30 airplanes, cleaning and elaborate procedures may be is within the scope of that authority certificated in any category. required.’’ because it addresses an unsafe condition Unsafe Condition Prior Inspection/Replacement of Inlet Filters that is likely to exist or develop on (d) This AD was prompted by reports of (h) Inspecting and replacing DACM inlet products identified in this rulemaking multiple incidents of blown tires on landing filters and flushing/cleaning braking systems action. while using maximum autobrake. We are before the effective date of this AD in accordance with Boeing Service Bulletin Regulatory Findings issuing this AD to prevent metallic fibers from the first stage filter of the servo valves MD90–32–043, dated April 10, 2000, is We have determined that this AD will inside the dual anti-skid control manifolds considered acceptable for compliance with not have federalism implications under (DACM) from becoming lodged in the first the corresponding actions specified in this Executive Order 13132. This AD will stage nozzle of the servo valve, which could AD. not have a substantial direct effect on lead to tire failure during high speed/high Alternative Methods of Compliance the States, on the relationship between energy braking and possible subsequent (AMOCs) runway departure. the national government and the States, (i) The Manager, Los Angeles Aircraft or on the distribution of power and Compliance Certification Office, FAA, has the authority to responsibilities among the various (e) You are responsible for having the approve AMOCs for this AD, if requested levels of government. actions required by this AD performed within using the procedures found in 14 CFR 39.19. For the reasons discussed above, I the compliance times specified, unless the Material Incorporated by Reference actions have already been done. certify that this AD: (j) You must use Boeing Service Bulletin (1) Is not a ‘‘significant regulatory Replacement of DACMs MD90–32–056, dated October 7, 2003; and action’’ under Executive Order 12866; (f) Within 18 months after the effective Boeing Service Bulletin MD90–32–043, (2) Is not a ‘‘significant rule’’ under date of this AD, replace existing DACMs with Revision 01, dated November 9, 2000; as DOT Regulatory Policies and Procedures new, improved or reworked and reidentified applicable; to perform the actions that are (44 FR 11034, February 26, 1979); and DACMs, part number 6006079–2, by doing required by this AD, unless the AD specifies (3) Will not have a significant all actions in accordance with the otherwise. The Director of the Federal Register approves the incorporation by economic impact, positive or negative, Accomplishment Instructions of Boeing reference of these documents in accordance Service Bulletin MD90–32–056, dated on a substantial number of small entities with 5 U.S.C. 552(a) and 1 CFR part 51. To October 7, 2003. under the criteria of the Regulatory get copies of the service information, contact Flexibility Act. Note 1: Boeing Service Bulletin MD90–32– Boeing Commercial Airplanes, Long Beach We prepared a regulatory evaluation 056 refers to Aircraft Braking Systems Division, 3855 Lakewood Boulevard, Long of the estimated costs to comply with Corporation (ABSC) Service Bulletin MD–90 Beach, California 90846, Attention: Data and this AD. See the ADDRESSES section for 6006079–32–02, dated August 7, 2003, as an Service Management, Dept. C1–L5A (D800– a location to examine the regulatory additional source of service information for 0024). To view the AD docket, go to the installing new, improved or reworked and evaluation. Docket Management Facility, U.S. reidentified DACMs. Department of Transportation, 400 Seventh List of Subjects in 14 CFR Part 39 Street SW., room PL–401, Nassif Building, Concurrent Service Bulletin Washington, DC. To review copies of the Air transportation, Aircraft, Aviation (g) Prior to or concurrently with the service information, go to the National safety, Incorporation by reference, accomplishment of paragraph (f) of this AD, Archives and Records Administration Safety. perform paragraphs (g)(1) and (g)(2) of this (NARA). For information on the availability Adoption of the Amendment AD in accordance with the Accomplishment of this material at the NARA, call (202) 741– Instructions of Boeing Service Bulletin 6030, or go to http://www.archives.gov/ I Accordingly, under the authority MD90–32–043, Revision 01, dated November federal_register/code_of_federal_regulations/ _ delegated to me by the Administrator, 9, 2000. ibr locations.html. the FAA amends 14 CFR part 39 as (1) Perform a detailed inspection of the Issued in Renton, Washington, on June 13, metered pressure inlet filters and other 2005. follows: components of the DACM for damage. Ali Bahrami, PART 39—AIRWORTHINESS Replace any damaged DACM components with new or serviceable components, and Manager, Transport Airplane Directorate, DIRECTIVES flush/clean the braking system, as applicable. Aircraft Certification Service. I 1. The authority citation for part 39 (2) Replace the metered pressure inlet [FR Doc. 05–12313 Filed 6–23–05; 8:45 am] continues to read as follows: filters of the DACM assembly with new BILLING CODE 4910–13–P filters. Authority: 49 U.S.C. 106(g), 40113, 44701. Note 2: Boeing Service Bulletin MD90–32– 043, Revision 01, refers to ABSC Service § 39.13 [Amended] DEPARTMENT OF TRANSPORTATION Bulletin MD90–32–12, dated January 12, I 2. The FAA amends § 39.13 by adding 2000, as an additional source of service Federal Aviation Administration the following new airworthiness information for inspecting the components of directive (AD): the DACM assembly for uncleanliness, 14 CFR Part 39 structural damage or excessive wear that may 2005–13–14 McDonnell Douglas: render the DACM inoperable, and for [Docket No. FAA–2005–21624; Directorate Amendment 39–14151. Docket No. replacing those components with new or Identifier 2005–NE–17–AD; Amendment 39– FAA–2004–19867; Directorate Identifier serviceable components, if necessary. 14162; AD 2005–13–25] 2004–NM–58–AD. Note 3: For the purposes of this AD, a RIN 2120–AA64 Effective Date detailed inspection is ‘‘an intensive (a) This AD becomes effective July 29, examination of a specific item, installation, Airworthiness Directives; Turbomeca 2005. or assembly to detect damage, failure, or S.A. Arriel 2B Turboshaft Engines irregularity. Available lighting is normally Affected ADs supplemented with a direct source of good AGENCY: Federal Aviation (b) None. lighting at an intensity deemed appropriate. Administration (FAA), DOT.

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ACTION: Final rule; request for several reports of the HMU acceleration overspeed and in-flight engine comments. controller axle sticking have been shutdown, or uncommanded in-flight received that resulted in engine engine shutdown. This AD requires SUMMARY: The FAA is adopting a new overspeed and in-flight engine initial and repetitive inspections, airworthiness directive (AD) for shutdown, or uncommanded in-flight cleaning, lubrication, and checks for Turbomeca S.A. Arriel 2B turboshaft engine shutdown. These events can proper operation of the HMU engines with Modification TU62A occur when the fuel system is either in acceleration controller axle. You must incorporated. This AD results from manual control mode or mixed control use the service information described several reports of the hydromechanical mode. They are most likely to occur previously to perform the actions unit (HMU) acceleration controller axle during an HMU failure simulation or required by this AD. sticking. This AD requires initial and during autorotation training. HMU Since an unsafe condition exists that repetitive inspections, cleaning, acceleration controller axle sticking can requires the immediate adoption of this lubrication, and checks for proper result in an excessive decrease in engine AD, we have found that notice and operation of the HMU acceleration speed when the manual control is used opportunity for public comment before controller axle. We are issuing this AD to reduce fuel flow. It can also result in issuing this AD are impracticable. We to prevent loss of control of engine fuel an excessive increase in engine speed also found that good cause exists for flow in manual control mode or mixed when moving the control back to the making this amendment effective in less control mode, leading to engine flight notch. We are issuing this AD to than 30 days. overspeed and in-flight engine prevent loss of control of engine fuel shutdown, or uncommanded in-flight flow in the manual control mode or Comments Invited engine shutdown. mixed control mode, leading to engine This AD is a final rule that involves DATES: Effective July 11, 2005. The overspeed and in-flight engine requirements affecting flight safety and Director of the Federal Register shutdown, or uncommanded in-flight was not preceded by notice and an approved the incorporation by reference engine shutdown. opportunity for public comment. of certain publications listed in the Relevant Service Information However, we invite you to send us any regulations as of July 11, 2005. written relevant data, views, or We have reviewed and approved the We must receive any comments on arguments regarding this AD. Send your technical contents of Turbomeca Alert this AD by August 23, 2005. comments to an address listed under Mandatory Service Bulletin (ASB) No. ADDRESSES: Use one of the following ADDRESSES. Include ‘‘AD Docket No. A292 73 2814, Update No. 1, dated addresses to comment on this AD: FAA–2005–21624; Directorate Identifier January 11, 2005. That ASB describes • DOT Docket Web site: Go to 2005–NE–17–AD’’ in the subject line of procedures for inspecting, lubricating, http://dms.dot.gov and follow the your comments. We specifically invite and checking for proper operation of the instructions for sending your comments comments on the overall regulatory, HMU acceleration controller axle. The electronically. economic, environmental, and energy • DGAC classified this service bulletin as Government-wide rulemaking Web aspects of the rule that might suggest a mandatory and issued AD F–2004–139, site: Go to http://www.regulations.gov need to modify it. dated August 18, 2004, in order to and follow the instructions for sending We will post all comments we your comments electronically. ensure the airworthiness of these Arriel • 2B turboshaft engines in France. receive, without change, to http:// Mail: Docket Management Facility; dms.dot.gov, including any personal U.S. Department of Transportation, 400 Bilateral Airworthiness Agreement information you provide. We will also Seventh Street, SW., Nassif Building, This Turbomeca Arriel 2B turboshaft post a report summarizing each Room PL–401, Washington, DC 20590– substantive verbal contact with FAA 0001. engine model is manufactured in • France. It is type certificated for personnel concerning this AD. Using the Fax: (202) 493–2251. search function of the DMS Web site, • Hand Delivery: Room PL–401 on operation in the United States under the anyone can find and read the comments the plaza level of the Nassif Building, provisions of section 21.29 of the in any of our dockets. The Web site 400 Seventh Street, SW., Washington, Federal Aviation Regulations (14 CFR includes the name of the individual DC, between 9 a.m. and 5 p.m., Monday 21.29) and the applicable bilateral who sent the comment (or signed the through Friday, except Federal holidays. airworthiness agreement. Under this bilateral airworthiness agreement, the comment on behalf of an association, Contact Turbomeca S.A., 40220 Tarnos, DGAC has kept the FAA informed of the business, labor union, etc.). You may France; telephone 33 05 59 74 40 00, fax situation described above. We have review the DOT’s complete Privacy Act 33 05 59 74 45 15, for the service examined the findings of the DGAC, Statement in the Federal Register information identified in this AD. reviewed all available information, and published on April 11, 2000 (65 FR FOR FURTHER INFORMATION CONTACT: determined that AD action is necessary 19477–78) or you may visit http:// Christopher Spinney, Aerospace for products of this type design that are dms.dot.gov. Engineer, Engine Certification Office, certificated for operation in the United Examining the AD Docket FAA, Engine and Propeller Directorate, States. 12 New England Executive Park, You may examine the docket that Burlington, MA 01803–5299; telephone FAA’s Determination and Requirements contains the AD, any comments (781) 238–7175; fax (781) 238–7199. of This AD received, and any final disposition in SUPPLEMENTARY INFORMATION: The The unsafe condition described person at the DMS Docket Offices Direction Generale de L’Aviation Civile previously is likely to exist or develop between 9 a.m. and 5 p.m., Monday (DGAC), which is the airworthiness on other Turbomeca Arriel 2B through Friday, except Federal holidays. authority for France, notified us that an turboshaft engines of the same type The Docket Office (telephone (800) 647– unsafe condition might exist on design. We are issuing this AD to 5227) is located on the plaza level of the Turbomeca S.A. Arriel 2B turboshaft prevent loss of control of engine fuel Department of Transportation Nassif engines with Modification TU62A flow in the manual control mode or Building at the street address stated in incorporated. The DGAC advises that mixed control mode, leading to engine ADDRESSES. Comments will be available

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in the AD docket shortly after the DMS PART 39—AIRWORTHINESS this service bulletin in accordance with 5 receives them. DIRECTIVES U.S.C. 552(a) and 1 CFR part 51. Contact Turbomeca S.A., 40220 Tarnos, France; Authority for This Rulemaking I 1. The authority citation for part 39 telephone 33 05 59 74 40 00, fax 33 05 59 continues to read as follows: 74 45 15, for a copy of this service Title 49 of the United States Code information. You may review copies at the specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. Docket Management Facility; U.S. rules on aviation safety. Subtitle I, § 39.13 [Amended] Department of Transportation, 400 Seventh Section 106, describes the authority of I Street, SW., Nassif Building, Room PL–401, the FAA Administrator. Subtitle VII, 2. The FAA amends § 39.13 by adding Washington, DC 20590–0001, on the internet Aviation Programs, describes in more the following new airworthiness at http://dms.dot.gov; or at the National detail the scope of the Agency’s directive: Archives and Records Administration authority. 2005–13–25 Turbomeca S.A.: Amendment (NARA). For information on the availability of this material at NARA, call 202–741–6030, We are issuing this rulemaking under 39–14162. Docket No. FAA–2005–21624; Directorate Identifier 2005–NE–17–AD. or go to: http://www.archives.gov/ the authority described in Subtitle VII, federal_register/code_of_federal_regulations/ Part A, Subpart III, Section 44701, Effective Date ibr_locations.html. ‘‘General requirements.’’ Under that (a) This airworthiness directive (AD) Issued in Burlington, Massachusetts, on section, Congress charges the FAA with becomes effective July 11, 2005. June 16, 2005. promoting safe flight of civil aircraft in Affected ADs Jay J. Pardee, air commerce by prescribing regulations (b) None. Manager, Engine and Propeller Directorate, for practices, methods, and procedures Aircraft Certification Service. the Administrator finds necessary for Applicability [FR Doc. 05–12415 Filed 6–23–05; 8:45 am] safety in air commerce. This regulation (c) This AD applies to Turbomeca S.A. is within the scope of that authority Arriel 2B turboshaft engines with BILLING CODE 4910–13–P because it addresses an unsafe condition Modification TU62A incorporated. These engines are installed on, but not limited to, that is likely to exist or develop on DEPARTMENT OF TRANSPORTATION products identified in this rulemaking Eurocopter AS350B3 helicopters. action. Unsafe Condition Federal Aviation Administration Regulatory Findings (d) This AD results from several reports of the hydromechanical unit (HMU) 14 CFR Part 39 We have determined that this AD will acceleration controller axle sticking. We are not have federalism implications under issuing this AD to prevent loss of control of [Docket No. FAA–2005–20512; Directorate engine fuel flow in the manual control mode Identifier 2004–SW–35–AD; Amendment 39– Executive Order 13132. This AD will 14160; AD 2005–13–23] not have a substantial direct effect on or mixed control mode, leading to engine the States, on the relationship between overspeed and in-flight engine shutdown, or RIN 2120–AA64 uncommanded in-flight engine shutdown. the national Government and the States, or on the distribution of power and Compliance Airworthiness Directives; Eurocopter responsibilities among the various (e) You are responsible for having the France Model EC 155B, EC155B1, SA– levels of government. actions required by this AD performed within 365N, SA–365N1, AS–365N2, and AS 365 N3 Helicopters For the reasons discussed above, I the compliance times specified unless the actions have already been done. certify that the regulation: AGENCY: (f) Within 20 operating hours after the Federal Aviation 1. Is not a ‘‘significant regulatory effective date of this AD, inspect, clean, Administration, DOT. action’’ under Executive Order 12866; lubricate, and check for proper operation of ACTION: Final rule. 2. Is not a ‘‘significant rule’’ under the the HMU acceleration controller axle. Use SUMMARY: DOT Regulatory Policies and Procedures paragraph 2 of Instructions to be This amendment supersedes (44 FR 11034, February 26, 1979); and Incorporated of Turbomeca Alert Mandatory an existing airworthiness directive (AD) Service Bulletin No. A292 73 2814, Update for Eurocopter France (Eurocopter) 3. Will not have a significant No. 1, dated January 11, 2005, to do these Model EC 155B, SA–365N and N1, AS– economic impact, positive or negative, actions. 365N2, and AS 365 N3 helicopters. That on a substantial number of small entities (g) Thereafter, repeat the actions specified AD currently requires inspecting the under the criteria of the Regulatory in paragraph (f) of this AD within every 210 operating hours. hydraulic brake hose (hose) for crazing, Flexibility Act. pinching, distortion, or leaks at the We prepared a summary of the costs Alternative Methods of Compliance torque link hinge and replacing the to comply with this AD and placed it in (h) The Manager, Engine Certification hose, if necessary. That AD also requires the AD Docket. You may get a copy of Office, has the authority to approve inspecting the hose and the emergency this summary by sending a request to us alternative methods of compliance for this flotation gear pipe to ensure adequate at the address listed under ADDRESSES. AD if requested using the procedures found clearance, and adjusting the landing in 14 CFR 39.19. List of Subjects in 14 CFR Part 39 gear leg, if necessary. This amendment Related Information requires the same actions as the existing Air transportation, Aircraft, Aviation (i) DGAC airworthiness directive F–2004– AD and adds another model helicopter safety, Incorporation by reference, 139, dated August 18, 2004, also addresses to the applicability. This amendment is Safety. the subject of this AD. prompted by notification by the Adoption of the Amendment Material Incorporated by Reference manufacturer and the European Authority that another affected model I (j) You must use Turbomeca Alert Under the authority delegated to me by Mandatory Service Bulletin (ASB) No. A292 helicopter, the Model EC155B1, may the Administrator, the Federal Aviation 73 2814, Update No. 1, dated January 11, have the same unsafe condition and Administration amends part 39 of the 2005, to perform the actions required by this should be added to the existing AD. The Federal Aviation Regulations (14 CFR AD. The Director of the Federal Register actions specified by this AD are part 39) as follows: approved the incorporation by reference of intended to prevent failure of a hose,

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resulting in failure of hydraulic pressure flotation gear pipe led to the issue of AD entire fleet, assuming 75 percent of the to the brakes on the affected landing No. 2002–475–007, which defined fleet (36 helicopters) is equipped with gear wheel, and subsequent loss of measures applicable to EC 155 version emergency flotation gear, that one control of the helicopter during a run- B aircraft. DGAC AD No. 2002–475–007 inspection is done, and that the hose on on landing. was cancelled by its Revision 1, and the two sides is replaced on those 36 DATES: Effective July 29, 2005. DGAC issued AD No. F–2004–099, helicopters). The incorporation by reference of dated July 7, 2004, which supersedes Regulatory Findings certain publications listed in the and covers the requirements of AD regulations is approved by the Director 2002–475–007, extends its affectivity to We have determined that this AD will of the Federal Register as of July 29, EC 155 version B1 aircraft, and refers to not have federalism implications under 2005. revised service information, with no Executive Order 13132. This AD will ADDRESSES: You may get the service change to the technical content. The not have a substantial direct effect on information identified in this AD from DGAC issued that AD after Eurocopter the States, on the relationship between American Eurocopter Corporation, 2701 issued Alert Service Bulletin No. the national Government and the States, Forum Drive, Grand Prairie, Texas 32A004, Revision 1, dated June 16, or on the distribution of power and 75053–4005, telephone (972) 641–3460, 2004. The revised service bulletin added responsibilities among the various fax (972) 641–3527. the Eurocopter Model EC155B1 to it’s levels of government. applicability but didn’t change any For the reasons discussed above, I Examining the Docket technical content. certify that the regulation: You may examine the docket that Eurocopter has also replaced Alert 1. Is not a ‘‘significant regulatory contains this AD, any comments, and Telex No. 32.00.09, dated July 31, 2002, action’’ under Executive Order 12866; other information on the Internet at with Alert Service Bulletin No. 2. Is not a ‘‘significant rule’’ under the http://dms.dot.gov, or at the Docket 32.00.09, dated October 27, 2003 that DOT Regulatory Policies and Procedures Management System (DMS), U.S. contained no technical changes. The (44 FR 11034, February 26, 1979); and Department of Transportation, 400 service bulletin applies to Eurocopter 3. Will not have a significant Seventh Street, SW., Room PL–401, on Model AS365N, N1, N2, and N3 economic impact, positive or negative, the plaza level of the Nassif Building, helicopters. The DGAC classified this on a substantial number of small entities Washington, DC. service bulletin as mandatory and under the criteria of the Regulatory issued AD No. F–2002–474–058 R1, FOR FURTHER INFORMATION CONTACT: Flexibility Act. dated March 3, 2004. This superseding Uday Garadi, Aviation Safety Engineer, We prepared an economic evaluation AD contains references to both of these FAA, Rotorcraft Directorate, Safety of the estimated costs to comply with revised documents. Management Group, Fort Worth, Texas These helicopter models are this AD. See the DMS to examine the 76193–0110, telephone (817) 222–5123, manufactured in France and are type economic evaluation. fax (817) 222–5961. certificated for operation in the United Authority for This Rulemaking SUPPLEMENTARY INFORMATION: A States under the provisions of 14 CFR proposal to amend 14 CFR part 39 by 21.29 and the applicable bilateral Title 49 of the United States Code superseding AD 2003–18–03, agreement. Pursuant to the applicable specifies the FAA’s authority to issue Amendment 39–13294 (68 FR 52832, bilateral agreement, the DGAC has kept rules on aviation safety. Subtitle I, September 8, 2003), for the specified us informed of the situation described Section 106, describes the authority of model helicopters was published in the above. We have examined the findings the FAA Administrator. Subtitle VII, Federal Register on March 8, 2005 (70 of the DGAC, reviewed all available Aviation Programs, describes in more FR 11166). The action proposed to add information, and determined that AD detail the scope of the Agency’s the Eurocopter Model EC155B1 action is necessary for products of these authority. helicopters to the applicability and type designs that are certificated for We are issuing this rulemaking under continue to require, within the next 10 operation in the United States. the authority described in Subtitle VII, hours time-in-service (TIS), inspecting Interested persons have been afforded Part A, Subpart III, Section 44701, the hose for crazing, pinching, an opportunity to participate in the ‘‘General requirements.’’ Under that distortion, or leaks at the torque link making of this amendment. No section, Congress charges the FAA with hinge and replacing the hose before comments were received on the promoting safe flight of civil aircraft in further flight, if necessary. Also proposal or on our determination of the air commerce by prescribing regulations proposed was continuing to require, at cost to the public. We have determined for practices, methods, and procedures the next 100-hour TIS inspection, that air safety and the public interest the Administrator finds necessary for inspecting the hose and the emergency require the adoption of the rule as safety in air commerce. This regulation flotation gear pipe to ensure adequate proposed. is within the scope of that authority clearance, and adjusting the landing We estimate that this AD will affect because it addresses an unsafe condition gear leg, if necessary. 48 helicopters of U.S. registry. It will that is likely to exist or develop on The Direction Ge´ne´rale De L’Aviation take approximately 5 work hours per products identified in this rulemaking Civile (DGAC), the airworthiness helicopter to accomplish each action. authority for France, notified us that an inspection and 5 work hours to replace List of Subjects in 14 CFR Part 39 unsafe condition may exist on any parts, as necessary. The average Eurocopter Model EC 155 B1 helicopters labor rate is $65 per work hour. Air transportation, Aircraft, Aviation as well as the other affected model Required parts will cost approximately safety, Incorporation by reference, helicopters that are included in AD $459 for the hose; if replacing the hose Safety. 2003–18–03. The DGAC has advised in on two sides is required, the cost is Adoption of the Amendment their AD No. F–2004–099, dated July 7, approximately $918. Based on these 2004, that a report of a wheel brake hose figures, the total cost impact of this AD I Accordingly, pursuant to the authority compression due to interference with a on U.S. operators is estimated to be delegated to me by the Administrator, clamp that attaches the emergency $1,568 per helicopter, or $56,448 for the the Federal Aviation Administration

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amends part 39 of the Federal Aviation Forum Drive, Grand Prairie, Texas 75053– of the Federal Register as of July 11, Regulations (14 CFR part 39) as follows: 4005, telephone (972) 641–3460, fax (972) 2005. 641–3527. Copies may be inspected at the Comments for inclusion in the Rules PART 39—AIRWORTHINESS National Archives and Records Docket must be received on or before DIRECTIVES Administration (NARA). For information on August 23, 2005. the availability of this material at NARA, call I 1. The authority citation for part 39 202–741–6030, or go to: http:// ADDRESSES: Use one of the following continues to read as follows: www.archives.gov/federal_register/ addresses to submit comments on this code_of_federal_regulations/ AD: Authority: 49 U.S.C. 106(g), 40113, 44701. ibr_locations.html. • DOT Docket Web site: Go to § 39.13 [Amended] (f) This amendment becomes effective on http://dms.dot.gov and follow the July 29, 2005. I 2. Section 39.13 is amended by instructions for sending your comments removing Amendment 39–13294 (68 FR Note: The subject of this AD is addressed electronically; in Direction Ge´ne´rale De L’Aviation Civile • 52832, September 8, 2003), and by Government-wide rulemaking Web (France) AD No. F–2002–474–058 R1, dated site: Go to http://www.regulations.gov adding a new airworthiness directive March 3, 2004 and AD No. F–2004–099, (AD), Amendment 39–14160, to read as and follow the instructions for sending dated July 7, 2004. your comments electronically; follows: • Issued in Fort Worth, Texas, on June 10, Mail: Docket Management Facility; 2005–13–23 Eurocopter France: U.S. Department of Transportation, 400 Amendment 39–14160. Docket No. 2005. S. Frances Cox, Seventh Street SW, Nassif Building, FAA–2005–20512; Directorate Identifier Room PL–401, Washington, DC 20590; 2004–SW–35–AD. Supersedes AD 2003– Acting Manager, Rotorcraft Directorate, • 18–03, Amendment 39–13294, Docket Aircraft Certification Service. Fax: (202) 493–2251; or • Hand Delivery: Room PL–401 on No. 2002–SW–53–AD. [FR Doc. 05–12418 Filed 6–23–05; 8:45 am] the plaza level of the Nassif Building, Applicability: Model EC 155B, EC155B1, BILLING CODE 4910–13–P SA–365N, SA–365N1, AS–365N2, and AS 400 Seventh Street SW, Washington, 365 N3 helicopters, with emergency flotation DC, between 9 a.m. and 5 p.m., Monday gear installed, certificated in any category. DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays. Compliance: Required as indicated, unless You may get the service information accomplished previously. Federal Aviation Administration identified in this AD from Agusta, To prevent failure of a hydraulic brake 21017 Cascina Costa di Samarate (VA) hose (hose), resulting in failure of hydraulic Italy, Via Giovanni Agusta 520, pressure to the brakes on the affected landing 14 CFR Part 39 gear wheel and subsequent loss of control of telephone 39 (0331) 229111, fax 39 [Docket No. FAA–2005–21589; Directorate (0331) 229605–222595. the helicopter during a run-on landing, Identifier 2004–SW–44–AD; Amendment 39– accomplish the following: 14154; AD 2005–13–17] Examining the Docket (a) Within 10 hours time-in-service (TIS), inspect the hose for crazing, pinching, RIN 2120–AA64 You may examine the docket that distortion, or leaks as illustrated in Area A contains the AD, any comments, and of Figure 1 of Eurocopter Alert Service Airworthiness Directives; Agusta other information on the Internet at Bulletin No. 32.00.09, dated October 27, 2003 S.p.A. Model AB412 Series Helicopters http://dms.dot.gov, or in person at the (ASB No. 32.00.09), for Model SA–365N and Docket Management System (DMS) AGENCY: Federal Aviation N1, AS–365N2, and AS 365 N3 helicopters, Docket Offices between 9 a.m. and 5 and Eurocopter Alert Service Bulletin No. Administration, DOT. p.m., Monday through Friday, except 32A004, Revision 1, dated June 16, 2004 ACTION: Final rule; request for Federal holidays. The Docket Office (ASB No. 32A004R1), for Model EC 155B and comments. EC155B1 helicopters. (telephone (800) 647–5227) is located on (b) If crazing, pinching, distortion, or leaks SUMMARY: This amendment adopts a the plaza level of the Department of exist, replace the hose with an airworthy new airworthiness directive (AD) for the Transportation Nassif Building at the hose before further flight. Agusta S.p.A. (Agusta) Model AB412 street address stated in the ADDRESSES (c) At the next 100-hour TIS inspection, section. Comments will be available in inspect the hose and the emergency flotation Series helicopters. This action requires inspecting each affected tail rotor blade the AD docket shortly after the DMS gear pipe to ensure adequate clearance and receives them. adjust the landing gear leg, if necessary, in (blade) forward tip weight retention accordance with the Operational Procedure, block (tip block) and the aft tip closure FOR FURTHER INFORMATION CONTACT: paragraph 2.B.2., of ASB No. 32.00.09 or ASB (tip closure) for adhesive bond voids, Sharon Miles, Aviation Safety Engineer, No. 32A004R1, as applicable. and removing any blade with an FAA, Rotorcraft Directorate, Regulations (d) To request a different method of excessive void from service. This AD and Guidance Group, Fort Worth, Texas compliance or a different compliance time also requires modifying certain blades 76193–0111, telephone (817) 222–5122, for this AD, follow the procedures in 14 CFR by installing shear pins and tip closure fax (817) 222–5961. 39.19. Contact the Safety Management Group, Rotorcraft Directorate, FAA, for information rivets on all affected blades. This SUPPLEMENTARY INFORMATION: This about previously approved alternative amendment is prompted by reports of amendment adopts a new AD for Agusta methods of compliance. in-flight loss of tip blocks and tip Model AB412 Series helicopters. This (e) The inspections and adjustments shall closures resulting in minor to action requires inspecting the tip block be done in accordance with the specified substantial damage. The actions and the tip closure for adhesive bond portions of Eurocopter Alert Service Bulletin specified in this AD are intended to voids and removing any blade with an No. 32.00.09, dated October 27, 2003, or prevent loss of the tip block or tip excessive void from service. This action Eurocopter Alert Service Bulletin No. closure, loss of a blade, and subsequent also requires modifying certain blades 32A004, Revision 1, dated June 16, 2004, as loss of control of the helicopter. applicable. The Director of the Federal by installing shear pins and tip closure Register approved this incorporation by DATES: Effective July 11, 2005. rivets in the tip area of all affected reference in accordance with 5 U.S.C. 552(a) The incorporation by reference of blades. This amendment is prompted by and 1 CFR part 51. Copies may be obtained certain publications listed in the reports of in-flight loss of tip blocks and from American Eurocopter Corporation, 2701 regulations is approved by the Director tip closures resulting in minor to

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substantial damage. This condition, if determine if the head of each personnel concerning this AD. Using the not detected, could result in loss of a tip countersunk screw is flush with the search function of our docket web site, block or tip closure, loss of a blade, and surface of the abrasion strip and the you can find and read the comments to subsequent loss of control of the skin. If any of the screws are set below any of our dockets, including the name helicopter. the surface of the abrasion strip and the of the individual who sent the Ente Nazionale per l’Aviazione Civile skin or are covered with filler material, comment. You may review the DOT’s (ENAC), the airworthiness authority for before further flight, install shear pins. complete Privacy Act Statement in the Italy, notified the FAA that an unsafe • Installing tip closure rivets on all Federal Register published on April 11, condition may exist on Agusta Model affected blades. 2000 (65 FR 19477–78), or you may visit AB 205A1, AB212, and AB412 Accomplish the actions in accordance http://dms.dot.gov. helicopters. ENAC advises modifying with the service bulletin described the blade tip block and tip closure previously. Regulatory Findings retention. None of the Agusta Model AB412 We have determined that notice and Agusta has issued Bollettino Tecnico Series helicopters affected by this action prior public comment are unnecessary No. 412–88, Revision A, dated August are on the U.S. Register. All helicopters in promulgating this regulation; 17, 2004 (BT 412–88, Revision A), included in the applicability of this rule therefore, it can be issued immediately which specifies inspecting and are currently operated by non-U.S. to correct an unsafe condition in aircraft modifying blade, part number (P/N) operators under foreign registry; since none of these model helicopters 212–010–750–ALL, tip block and tip therefore, they are not directly affected are registered in the United States. We closure retention by providing by this AD action. However, the FAA have also determined that this additional fasteners in the tip area to considers that this rule is necessary to regulation is not a ‘‘significant prevent future loss of either the tip ensure that the unsafe condition is regulatory action’’ under Executive block or tip closure. Recent addressed in the event that any of these Order 12866. It has been determined investigations into the in-flight loss of a subject helicopters are imported and further that this action involves an blade, P/N 212–010–750–105, tip block, placed on the U.S. Register in the future. emergency regulation under DOT revealed that the countersunk screws Should an affected helicopter be Regulatory Policies and Procedures (44 retaining the tip block were installed imported and placed on the U.S. FR 11034, February 26, 1979). If it is incorrectly resulting in inadequate tip Register in the future, it would take determined that this emergency block retention. Additionally, reports approximately 3 work hours to regulation otherwise would be have been submitted of the loss of the accomplish the required actions at an significant under DOT Regulatory tail rotor tip cap closure possibly due to average labor rate of $65 per work hour. Policies and Procedures, a final an inadequate bond in this area. ENAC Required parts would cost $25. Based regulatory evaluation will be prepared classified this service information as on these figures, the cost impact of this and placed in the AD docket. mandatory and issued AD 2004–351, AD would be $220 per helicopter. dated September 3, 2004, to ensure the Since this AD action does not affect Authority for This Rulemaking any helicopter that is currently on the continued airworthiness of these Title 49 of the United States Code U.S. register, it has no adverse economic helicopters in Italy. specifies the FAA’s authority to issue These helicopter models are impact and imposes no additional rules on aviation safety. Subtitle I, manufactured in Italy and are type burden on any person. Therefore, notice Section 106, describes the authority of certificated for operation in the United and public procedures hereon are the FAA Administrator. Subtitle VII, States under the provisions of 14 CFR unnecessary and the amendment may be Aviation Programs, describes in more 21.29 and the applicable bilateral made effective in less than 30 days after detail the scope of the Agency’s agreement. Pursuant to the applicable publication in the Federal Register. authority. bilateral agreement, ENAC has kept the Comments Invited FAA informed of the situation described We are issuing this rulemaking under above. The FAA has examined the This AD is a final rule that involves the authority described in Subtitle VII, findings of ENAC, reviewed all available requirements that affect flight safety and Part A, Subpart III, Section 44701, information, and determined that AD was not preceded by notice and an ‘‘General requirements.’’ Under that action is necessary for products of these opportunity for public comment; section, Congress charges the FAA with type designs that are certificated for however, we invite you to submit any promoting safe flight of civil aircraft in operation in the United States. written data, views, or arguments air commerce by prescribing regulations This unsafe condition is likely to exist regarding this AD. Send your comments for practices, methods, and procedures or develop on other helicopters of the to an address listed under ADDRESSES. the Administrator finds necessary for same type designs if they become Include ‘‘Docket No. FAA–2005–21589; safety in air commerce. This regulation registered in the United States. Directorate Identifier 2004–SW–44–AD’’ is within the scope of that authority Therefore, this AD is being issued to at the beginning of your comments. We because it addresses an unsafe condition prevent loss of the tip block or tip specifically invite comments on the that is likely to exist or develop on closure, loss of a blade, and subsequent overall regulatory, economic, products identified in this rulemaking loss of control of the helicopter. This environmental, and energy aspects of action. AD requires, within 100 hours time-in- the AD. We will consider all comments List of Subjects in 14 CFR Part 39 service (TIS): received by the closing date and may • Inspecting the tip block and tip amend the AD in light of those Air transportation, Aircraft, Aviation closure for voids and, before further comments. safety, Incorporation by reference, flight, removing any blade that has We will post all comments we Safety. voids in excess of the Component receive, without change, to http:// Adoption of the Amendment Repair and Overhaul Manual dms.dot.gov, including any personal Limitations. information you provide. We will also I Accordingly, pursuant to the authority • Inspecting the tip block attachment post a report summarizing each delegated to me by the Administrator, countersink screws in four locations to substantive verbal contact with FAA the Federal Aviation Administration

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amends part 39 of the Federal Aviation and Records Administration (NARA). For Commercial Airplanes, P.O. Box 3707, Regulations (14 CFR part 39) as follows: information on the availability of this Seattle, Washington 98124 2207. material at NARA, call 202–741–6030, or go Docket: The AD docket contains the PART 39—AIRWORTHINESS to: http://www.archives.gov/federal_register/ _ _ _ proposed AD, comments, and any final DIRECTIVES code of federal regulations/ disposition. You can examine the AD ibr_locations.html. docket on the Internet at http:// I 1. The authority citation for part 39 (f) This amendment becomes effective on dms.dot.gov, or in person at the Docket continues to read as follows: July 11, 2005. Note: The subject of this AD is addressed Management Facility office between 9 Authority: 49 U.S.C. 106(g), 40113, 44701. in Ente Nazionale per l’Aviazione Civile a.m. and 5 p.m., Monday through § 39.13 [Amended] (Italy) AD 2004–351, dated September 3, Friday, except Federal holidays. The 2004. Docket Management Facility office I 2. Section 39.13 is amended by adding (telephone (800) 647–5227) is located on a new airworthiness directive to read as Issued in Fort Worth, Texas, on June 8, the plaza level of the Nassif Building at follows: 2005. the U.S. Department of Transportation, S. Frances Cox, 2005–13–17 Agusta. S.p.A.: Amendment 400 Seventh Street SW, room PL–401, 39–14154. Docket No. FAA–2005–21589; Acting Manager, Rotorcraft Directorate, Washington, DC. This docket number is Directorate Identifier 2004–SW–44–AD. Aircraft Certification Service. Docket No. FAA–2004–19567; the Applicability: Model AB412 Series [FR Doc. 05–12419 Filed 6–23–05; 8:45 am] directorate identifier for this docket is helicopters, with a tail rotor blade (blade), BILLING CODE 4910–13–P 2004–NM–118–AD. part number (P/N) 212–010–750–All, having FOR FURTHER INFORMATION CONTACT: a serial number (S/N) with a prefix of ‘‘A’’ Doug Pegors, Aerospace Engineer, or ‘‘A–FS’’ and number 11530 through 13618, DEPARTMENT OF TRANSPORTATION Propulsion Branch, ANM–140S, FAA, except numbers 13595 through 13602, installed, certificated in any category. Federal Aviation Administration Seattle Aircraft Certification Office, Compliance: Within 100 hours time-in- 1601 Lind Avenue, SW., Renton, service, unless accomplished previously. 14 CFR Part 39 Washington 98055–4056; telephone To prevent loss of the forward tip weight (425) 917–6504; fax (425) 917–6590. retention block (tip block) or aft tip closure [Docket No. FAA–2004–19567; Directorate SUPPLEMENTARY INFORMATION: The FAA (tip closure), loss of a blade, and subsequent Identifier 2004–NM–118–AD; Amendment proposed to amend 14 CFR Part 39 with loss of control of the helicopter, accomplish 39–14152; AD 2005–13–15] an AD for certain Boeing Model 737– the following: RIN 2120–AA64 200, –200C, –300, –400, –500, –600, (a) Inspect the tip block and tip closure for –700, –700C, –800, and –900 series voids. Before further flight, remove any blade Airworthiness Directives; Boeing with a void in excess of that allowed by the airplanes. That action, published in the Component Repair and Overhaul Manual Model 737–200, –200C, –300, –400, Federal Register on November 10, 2004 limitations. –500, –600, –700, –700C, –800, and (69 FR 65099), proposed to require a (b) Inspect the tip block attachment –900 Series Airplanes one-time detailed inspection for countersink screws in four locations to AGENCY: Federal Aviation discrepancies of the secondary fuel determine if the head of each countersunk vapor barrier of the wing center section, screw is flush with the surface of the Administration (FAA), Department of Transportation (DOT). and related investigative/corrective abrasion strip and the skin. The location of actions if necessary. these four screws is depicted on Figure 2 of ACTION: Final rule. Agusta Bollettino Tecnico No. 412–88, Comments Revision A, dated August 17, 2004 (BT 412– SUMMARY: The FAA is adopting a new 88, Revision A). If any of these screws are set airworthiness directive (AD) for certain We provided the public the below the surface of the abrasion strip or are Boeing Model 737–200, –200C, –300, opportunity to participate in the covered with filler material, before further –400, –500, –600, –700, –700C, –800, development of this AD. We have flight, install shear pins by following the and –900 series airplanes. This AD considered the comments that have Accomplishment Instructions, Part A, Tip requires a one-time detailed inspection been submitted on the proposed AD. Block: Shear Pin Installation, paragraphs 1 for discrepancies of the secondary fuel through 3, of BT 412–88, Revision A. Agreement With Proposed AD (c) Install the tip closure rivets on all vapor barrier of the wing center section, One commenter, an operator, agrees affected blades by following the and related investigative/corrective with the proposed AD. Accomplishment Instructions, Part B, Aft Tip actions if necessary. This AD is Closure: Rivet Installation, paragraphs 1 prompted by reports that the secondary Request for Alternative Procedure through 6, of BT 412–88, Revision A. fuel vapor barrier was not applied One commenter, an operator, requests (d) To request a different method of correctly to, or was missing from, that a note be added to paragraph (g) of compliance or a different compliance time certain areas of the wing center section. for this AD, follow the procedures in 14 CFR the AD to allow the use of Boeing 737 We are issuing this AD to prevent fuel Nondestructive Testing (NDT) Manual, 39.19. Contact the Safety Management Group, or fuel vapors from leaking into the FAA, for information about previously Part 6, Section 53–30–27, paragraph 3, approved alternative methods of compliance. cargo or passenger compartments and for determining vapor barrier thickness. (e) The inspections and modification must coming into contact with a possible The commenter contends that using this be done by following the specified portions ignition source, which could result in method for determining vapor barrier of Agusta Bollettino Tecnico No. 412–88, fire or explosion. thickness provides an inspection Revision A, dated August 17, 2004. The DATES: This AD becomes effective July procedure equivalent to that called out Director of the Federal Register approved this 29, 2005. in Boeing Special Attention Service incorporation by reference in accordance The incorporation by reference of Bulletin 737–57–1261, dated February with 5 U.S.C. 552(a) and 1 CFR part 51. certain publications listed in the AD is Copies may be obtained from Agusta, 21017 27, 2003, and will allow operators to Cascina Costa di Samarate (VA) Italy, Via approved by the Director of the Federal avoid any need for special tooling. Giovanni Agusta 520, telephone 39 (0331) Register as of July 29, 2005. We do not agree. We have reviewed 229111, fax 39 (0331) 229605–222595. Copies ADDRESSES: For service information the specified section of the NDT manual may be inspected at the National Archives identified in this AD, contact Boeing and found that it does not adequately

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describe an inspection procedure that is from 48 to 72 months. The commenter safety. We have not changed the final equivalent to that described in the states that, assuming an effective date rule in this regard. service bulletin. However, we infer from for the AD of January 2005, it has 15 the comment that the operator is aircraft that will not be scheduled for C Conclusion proposing the use of an alternate tool for check maintenance within the proposed We have carefully reviewed the measuring coating thickness. Boeing 48-month compliance time. The available data, including the comments Special Attention Service Bulletin 737– commenter believes that this out-of- that have been submitted, and 57–1261, dated February 27, 2003, page phase maintenance would result in determined that air safety and the 40, paragraph F., note (a), states that the financial hardship; therefore, the public interest require adopting the AD isoscope with the probe listed in commenter would like to see the as proposed. paragraph F. is only one example of a compliance time extended as requested. nonconductive coating thickness gage We do not agree. In developing an Costs of Compliance (NCCTG) that may be used and that any appropriate compliance time for this NCCTG is acceptable as long as it has a action, we considered the urgency This AD will affect about 1,521 thickness range from 0.001 to 0.045 associated with the subject unsafe airplanes of U.S. registry. There are inch. We have confirmed with the condition and the practical aspect of about 3,861 airplanes of the affected manufacturer that the service bulletin accomplishing the required design in the worldwide fleet. We clearly states the requirements for the modification within a period of time estimate the average labor rate to be $65 tooling required to measure the that corresponds to the normal per work hour. We estimate that it will thickness of the vapor barrier and no scheduled maintenance for most take the number of work hours shown additional guidance is required. We affected operators. However, under the in the following table to accomplish the have not changed the final rule in this provisions of paragraph (i) of the final actions for each airplane. Parts and regard. rule, we may approve requests for materials are standard and are to be adjustments to the compliance time if supplied by the operator. Based on these Request for Extended Compliance Time data are submitted with the requests to figures, the cost impact of the AD is One commenter, an operator, requests substantiate that such adjustments estimated to range between $325 and that the compliance time be extended would provide acceptable levels of $910 per airplane.

ESTIMATED WORK HOURS

Airplane Work Affected airplanes as listed in group hours

Boeing Special Attention Service Bulletin 737–57–1250, Revision 1, dated September 4, 2003 ...... 1 14 2 12 3 5 Boeing Special Attention Service Bulletin 737–57–1261, dated February 27, 2003 ...... 1 14 2 7

Authority for This Rulemaking not have a substantial direct effect on Adoption of the Amendment Title 49 of the United States Code the States, on the relationship between I Accordingly, under the authority specifies the FAA’s authority to issue the national government and the States, delegated to me by the Administrator, rules on aviation safety. Subtitle I, or on the distribution of power and Section 106, describes the authority of responsibilities among the various the FAA amends 14 CFR part 39 as the FAA Administrator. Subtitle VII, levels of government. follows: For the reasons discussed above, I Aviation Programs, describes in more PART 39—AIRWORTHINESS detail the scope of the Agency’s certify that this AD: DIRECTIVES authority. (1) Is not a ‘‘significant regulatory We are issuing this rulemaking under action’’ under Executive Order 12866; I 1. The authority citation for part 39 the authority described in Subtitle VII, (2) Is not a ‘‘significant rule’’ under continues to read as follows: Part A, Subpart III, Section 44701, DOT Regulatory Policies and Procedures ‘‘General requirements.’’ Under that (44 FR 11034, February 26, 1979); and Authority: 49 U.S.C. 106(g), 40113, 44701. section, Congress charges the FAA with (3) Will not have a significant § 39.13 [Amended] promoting safe flight of civil aircraft in economic impact, positive or negative, air commerce by prescribing regulations on a substantial number of small entities I 2. The FAA amends § 39.13 by adding for practices, methods, and procedures under the criteria of the Regulatory the following new airworthiness the Administrator finds necessary for Flexibility Act. directive (AD): safety in air commerce. This regulation is within the scope of that authority We prepared a regulatory evaluation 2005–13–15 Boeing: Amendment 39–14152. because it addresses an unsafe condition of the estimated costs to comply with Docket No. FAA–2004–19567; that is likely to exist or develop on this AD. See the ADDRESSES section for Directorate Identifier 2004–NM–118–AD. products identified in this rulemaking a location to examine the regulatory Effective Date evaluation. action. (a) This AD becomes effective July 29, Regulatory Findings List of Subjects in 14 CFR Part 39 2005. We have determined that this AD will Air transportation, Aircraft, Aviation Affected ADs not have federalism implications under safety, Incorporation by reference, (b) None. Executive Order 13132. This AD will Safety.

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Applicability (c) This AD applies to the airplanes listed in Table 1 of this AD, certificated in any category:

TABLE 1.—APPLICABILITY

Model Line numbers

737–200, –200C, –300, –400, and –500 series airplanes ...... 311 through 3132 inclusive. 737–600, –700, –700C, –800, and –900 series airplanes ...... 1 through 1088 inclusive and 1090 through 1134 inclusive.

Unsafe Condition the corresponding actions specified in SUMMARY: This action revises Class E (d) This AD is prompted by reports that the paragraph (g) of this AD. airspace at Shishmaref, AK to provide secondary fuel vapor barrier was not applied Alternative Methods of Compliance adequate controlled airspace to contain correctly to, or was missing from, certain (AMOCs) aircraft executing two new Standard areas of the wing center section. We are (i) The Manager, Seattle Aircraft Instrument Approach Procedures issuing this AD to prevent fuel or fuel vapors Certification Office (ACO), FAA, has the (SIAPs). This Rule results in new Class from leaking into the cargo or passenger authority to approve AMOCs for this AD, if E airspace upward from 700 feet (ft.) compartments and coming into contact with requested in accordance with the procedures and 1,200 ft. above the surface at a possible ignition source, which could result found in 14 CFR 39.19. Shishmaref, AK. in fire or explosion. Material Incorporated by Reference DATES: Effective 0901 UTC, September Compliance (j) You must use Boeing Special Attention 1, 2005. (e) You are responsible for having the Service Bulletin 737–57–1261, dated FOR FURTHER INFORMATION CONTACT: actions required by this AD performed within February 27, 2003; or Boeing Special Jesse Patterson, AAL–538G, Federal the compliance times specified, unless the Attention Service Bulletin 737–57–1250, Aviation Administration, 222 West 7th actions have already been done. Revision 1, dated September 4, 2003; as Avenue, Box 14, Anchorage, AK 99513– applicable; to perform the actions that are Service Bulletin References 7587; telephone number (907) 271– required by this AD, unless the AD specifies (f) The term ‘‘service bulletin,’’ as used in otherwise. The Director of the Federal 5898; fax: (907) 271–2850; e-mail: this AD, means the Accomplishment Register approves the incorporation by [email protected]. Internet Instructions of the following service reference of these documents in accordance address: http://www.alaska.faa.gov/at. bulletins, as applicable: with 5 U.S.C. 552(a) and 1 CFR part 51. For SUPPLEMENTARY INFORMATION: (1) For Model 737–200, –200C, –300, –400, copies of the service information, contact and –500 series airplanes: Boeing Special Boeing Commercial Airplanes, P.O. Box History Attention Service Bulletin 737–57–1261, 3707, Seattle, Washington 98124–2207. To On Monday, April 18, 2005, the FAA dated February 27, 2003; and view the AD docket, go to the Docket proposed to revise part 71 of the Federal (2) For Model 737–600, –700, –700C, –800, Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Aviation Regulations (14 CFR part 71) to and –900 series airplanes: Boeing Special add to the Class E airspace upward from Attention Service Bulletin 737–57–1250, room PL–401, Nassif Building, Washington, Revision 1, dated September 4, 2003. DC. 700 ft. and 1,200 ft. above the surface at For information on the availability of this Shishmaref, AK (70 FR 20095). The Inspection material at the National Archives and action was proposed in order to add (g) Within 48 months after the effective Records Administration (NARA), call (202) Class E airspace sufficient in size to date of this AD, do a one-time detailed 741–6030, or go to http://www.archives.gov/ contain aircraft while executing two _ _ _ _ inspection for discrepancies of the secondary federal register/code of federal regulations/ _ new SIAPs for the Shishmaref Airport. fuel vapor barrier of the wing center section; ibr locations.html. The new approaches are (1) Area and if discrepancies exist, before further Issued in Renton, Washington, on June 10, Navigation (Global Positioning System) flight, do any applicable related 2005. (RNAV (GPS)) Runway (RWY) 23, investigative/corrective actions in accordance Ali Bahrami, original; and (2) RNAV (GPS) RWY 5, with the Accomplishment Instructions of the Manager, Transport Airplane Directorate, applicable service bulletin. original. Additional Class E controlled Aircraft Certification Service. airspace extending upward from 700 ft. Note 1: For the purposes of this AD, a [FR Doc. 05–12315 Filed 6–23–05; 8:45 am] and 1,200 feet above the surface in the detailed inspection is: ‘‘An intensive visual examination of a specific structural area, BILLING CODE 4910–13–P Shishmaref Airport area is established system, installation, or assembly to detect by this action. Interested parties were damage, failure, or irregularity. Available invited to participate in this rulemaking lighting is normally supplemented with a DEPARTMENT OF TRANSPORTATION proceeding by submitting written direct source of good lighting at intensity comments on the proposal to the FAA. deemed appropriate by the inspector. Federal Aviation Administration No public comments have been Inspection aids such as mirror, magnifying received, thus, the rule is adopted as lenses, etc., may be used. Surface cleaning 14 CFR Part 71 proposed. and elaborate access procedures may be [Docket No. FAA–2005–20567; Airspace The area will be depicted on required.’’ Docket No. 05–AAL–05] aeronautical charts for pilot reference. Actions Accomplished per Previous Issue of The coordinates for this airspace docket Service Bulletin Revision of Class E Airspace; are based on North American Datum 83. Shishmaref, AK (h) Actions accomplished before the The Class E airspace areas designated as effective date of this AD in accordance with AGENCY: Federal Aviation 700/1200 foot transition areas are Boeing Special Attention Service Bulletin Administration (FAA), DOT. published in paragraph 6005 of FAA Order 7400.9M, Airspace Designations 737–57–1250, dated February 7, 2002, are ACTION: Final rule. considered acceptable for compliance with and Reporting Points, dated August 30,

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2004, and effective September 16, 2004, Adoption of the Amendment DEPARTMENT OF TRANSPORTATION which is incorporated by reference in 14 CFR 71.1. The Class E airspace I In consideration of the foregoing, the Federal Aviation Administration designation listed in this document will Federal Aviation Administration be published subsequently in the Order. amends 14 CFR part 71 as follows: 14 CFR Part 71 The Rule PART 71—DESIGNATION OF CLASS A, [Docket No. FAA–2005–20557; Airspace Docket No. 05–AAL–10] CLASS B, CLASS C, CLASS D, AND This revision to 14 CFR part 71 CLASS E AIRSPACE AREAS; revises Class E airspace at Shishmaref, Establishment of Class E Airspace; AIRWAYS; ROUTES; AND REPORTING Alaska. Additional Class E airspace is Kaltag, AK POINTS being created to accommodate aircraft AGENCY: Federal Aviation executing two new SIAPs and will be I 1. The authority citation for 14 CFR Administration (FAA), DOT. depicted on aeronautical charts for pilot part 71 continues to read as follows: ACTION: Final rule. reference. The intended effect of this rule is to provide adequate controlled Authority: 49 U.S.C. 106(g), 40103, 40113, SUMMARY: This action establishes Class airspace for IFR operations at 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– E airspace at Kaltag, AK to provide Shishmaref Airport, Shishmaref, Alaska. 1963 Comp., p. 389. adequate controlled airspace to contain The FAA has determined that this § 71.1 [Amended] aircraft executing two new Standard regulation only involves an established Instrument Approach Procedures I 2. The incorporation by reference in 14 body of technical regulations for which (SIAPs) and two new departure CFR 71.1 of Federal Aviation frequent and routine amendments are procedures. This rule results in new Administration Order 7400.9M, necessary to keep them operationally Class E airspace upward from 700 feet Airspace Designations and Reporting (ft.) and 1,200 ft. above the surface at current. It, therefore—(1) is not a Points, dated August 30, 2004, and Kaltag, AK. ‘‘significant regulatory action’’ under effective September 16, 2004, is Executive Order 12866; (2) is not a DATES: Effective 0901 UTC, September amended as follows: ‘‘significant rule’’ under DOT 1, 2005. Regulatory Policies and Procedures (44 * * * * * FOR FURTHER INFORMATION CONTACT: Jesse Patterson, AAL–538G, Federal FR 11034; February 26, 1979); and (3) Paragraph 6005 Class E airspace extending does not warrant preparation of a upward from 700 feet or more above the Aviation Administration, 222 West 7th regulatory evaluation as the anticipated surface of the earth. Avenue, Box 14, Anchorage, AK 99513– 7587; telephone number (907) 271– impact is so minimal. Since this is a * * * * * routine matter that will only affect air 5898; fax: (907) 271–2850; email: traffic procedures and air navigation, it AAL AK E5 Shishmaref, AK [Revised] [email protected]. Internet is certified that this rule will not have Shishmaref Airport, AK address: http://www.alaska.faa.gov/at. a significant economic impact on a (Lat. 66°14′58″ N., long. 166°05′22″ W.) SUPPLEMENTARY INFORMATION: substantial number of small entities Shishmaref NDB History under the criteria of the Regulatory (Lat. 66°15′29″ N., long. 166°03′09″ W.) Flexibility Act. That airspace extending upward from 700 On Monday, April 18, 2005, the FAA proposed to revise part 71 of the Federal The FAA’s authority to issue rules feet above the surface within a 6.5-mile radius of the Shishmaref Airport and within Aviation Regulations (14 CFR part 71) to regarding aviation safety is found in create new Class E airspace upward Title 49 of the United States Code. 4 miles southeast and 8 miles northwest of the 245° bearing from the Shishmaref NDB from 700 ft. and 1,200 ft. above the Subtitle 1, Section 106 describes the extending from the NDB to 16 miles surface at Kaltag, AK (70 FR 20087). The authority of the FAA Administrator. southwest and within 4 miles southeast and action was proposed in order to add Subtitle VII, Aviation Programs, 8 miles northeast of the NDB 061° bearing Class E airspace sufficient in size to describes in more detail the scope of the from the Shishmaref NDB extending from the contain aircraft while executing two agency’s authority. NDB to 16 miles northeast of the NDB, and new Standard Instrument Approach This rulemaking is promulgated that airspace extending upward from 1,200 Procedures and two new departure under the authority described in feet above the surface within a 30-mile radius procedures for the Kaltag Airport. The Subtitle VII, Part A, Subpart 1, Section of 66°09′58″ N 166°30′03″ W and within a 30- new approaches are (1) Area Navigation 40103, Sovereignty and use of airspace. mile radius of 66°19′55″ N 165°40′32″ W. (Global Positioning System) (RNAV Under that section, the FAA is charged * * * * * (GPS)) Runway (RWY) 3, original; and (2) RNAV (GPS) RWY 21, original. The with prescribing regulations to ensure Issued in Anchorage, AK, on June 16, 2005. the safe and efficient use of the new departure procedures are (1) IPOXE Michael A. Tarr, ONE Departure and (2) KACLE ONE navigable airspace. This regulation is Departure. New Class E controlled within the scope of that authority Acting Director, Alaska Flight Services Area airspace extending upward from 700 because it creates Class E airspace Office. feet and 1,200 feet above the surface in sufficient in size to contain aircraft [FR Doc. 05–12568 Filed 6–23–05; 8:45 am] BILLING CODE 4910–13–P the Kaltag Airport area is established by executing instrument procedures for the this action. The coordinates for the Shishmaref Airport and represents the Kaltag Airport were listed incorrectly in FAA’s continuing effort to safely and the proposal and are corrected in the efficiently use the navigable airspace. Final Rule. Interested parties were List of Subjects in 14 CFR Part 71 invited to participate in this rulemaking proceeding by submitting written Airspace, Incorporation by reference, comments on the proposal to the FAA. Navigation (air). No public comments have been

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received; thus the rule is adopted as executing instrument procedures for the DEPARTMENT OF TRANSPORTATION proposed. Kaltag Airport and represents the FAA’s The area will be depicted on continuing effort to safely and Federal Aviation Administration aeronautical charts for pilot reference. efficiently use the navigable airspace. The coordinates for this airspace docket 14 CFR Part 71 are based on North American Datum 83. List of Subjects in 14 CFR Part 71 The Class E airspace areas designated as [Docket No. FAA–2005–20555; Airspace Docket No. 05–AAL–08] 700/1200 foot transition areas are Airspace, Incorporation by reference, Navigation (air). published in paragraph 6005 of FAA Revision of Class E Airspace; Order 7400.9M, Airspace Designations Adoption of the Amendment Emmonak, AK and Reporting Points, dated August 30, 2004, and effective September 16, 2004, I In consideration of the foregoing, the AGENCY: Federal Aviation which is incorporated by reference in 14 Federal Aviation Administration Administration (FAA), DOT. CFR 71.1. The Class E airspace amends 14 CFR part 71 as follows: ACTION: Final rule. designation listed in this document will be published subsequently in the Order. PART 71—DESIGNATION OF CLASS A, SUMMARY: This action revises Class E airspace at Emmonak, AK to provide The Rule CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; adequate controlled airspace to contain This revision to 14 CFR part 71 AIRWAYS; ROUTES; AND REPORTING aircraft executing amended Standard establishes Class E airspace at Kaltag, POINTS Instrument Approach Procedures Alaska. This additional Class E airspace (SIAPs). This rule results in new Class was created to accommodate aircraft I 1. The authority citation for 14 CFR E airspace upward from 700 feet (ft.) executing two new SIAP’s and two new part 71 continues to read as follows: above the surface at Emmonak, AK. departure procedures and will be DATES: Effective 0901 UTC, September Authority: 49 U.S.C. 106(g), 40103, 40113, depicted on aeronautical charts for pilot 1, 2005. reference. The intended effect of this 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– rule is to provide adequate controlled 1963 Comp., p. 389. FOR FURTHER INFORMATION CONTACT: airspace for IFR operations at Kaltag Jesse Patterson, AAL–538G, Federal Airport, Kaltag, Alaska. § 71.1 [Amended] Aviation Administration, 222 West 7th The FAA has determined that this Avenue, Box 14, Anchorage, AK 99513– I 2. The incorporation by reference in 14 7587; telephone number (907) 271– regulation only involves an established CFR 71.1 of Federal Aviation body of technical regulations for which 5898; fax: (907) 271–2850; e-mail: Administration Order 7400.9M, frequent and routine amendments are [email protected]. Internet Airspace Designations and Reporting necessary to keep them operationally address: http://www.alaska.faa.gov/at. current. It, therefore—(1) is not a Points, dated August 30, 2004, and SUPPLEMENTARY INFORMATION: effective September 16, 2004, is ‘‘significant regulatory action’’ under History Executive Order 12866; (2) is not a amended as follows: ‘‘significant rule’’ under DOT * * * * * On Monday, April 18, 2005, the FAA Regulatory Policies and Procedures (44 proposed to revise part 71 of the Federal Paragraph 6005 Class E airspace extending Aviation Regulations (14 CFR part 71) to FR 11034; February 26, 1979); and (3) upward from 700 feet or more above the add to the Class E airspace upward from does not warrant preparation of a surface of the earth. regulatory evaluation as the anticipated 700 ft. above the surface at Emmonak, impact is so minimal. Since this a * * * * * AK (70 FR 20085). The action was routine matter that will only affect air AAL AK E5 Kaltag, AK [New] proposed in order to add Class E airspace sufficient in size to contain traffic procedures and air navigation, it Kaltag Airport, AK aircraft while executing amended SIAPs is certified that this rule will not have (Lat. 64°19′33″ N., long. 158°44′39″ W.) a significant economic impact on a for the Emmonak Airport. The amended That airspace extending upward from 700 substantial number of small entities approaches are (1) Area Navigation feet above the surface within a 7.6-mile under the criteria of the Regulatory (Global Positioning System) (RNAV radius of the Kaltag Airport, and that airspace Flexibility Act. (GPS)) Runway 16, Amendment 1 extending upward from 1,200 feet above the The FAA’s authority to issue rules (Amdt.) 1; (2) RNAV (GPS) RWY 34, surface within an area bounded by lat. regarding aviation safety is found in Amdt. 1; Very High Frequency Omni- 65°00′00″ N., long. 159°00′00″ W to lat. Title 49 of the United States Code. range (VOR) RWY 16, Amdt. 1; and VOR 64°20′00″ N., long. 160°15′00″ W., to lat. Subtitle 1, Section 106 describes the RWY 34, Amdt. 1. Additional Class E 64°00′00″ N., long. 160°15′00″ W to lat. controlled airspace extending upward authority of the FAA Administrator. 64°00′00″ N., long. 159°00′00″ W. to point of from 700 ft. above the surface in the Subtitle VII, Aviation Programs, beginning. describes in more detail the scope of the Emmonak Airport area is established by agency’s authority. * * * * * this action. Interested parties were This rulemaking is promulgated Issued in Anchorage, AK, on June 16, 2005. invited to participate in this rulemaking under the authority described in Michael A. Tarr, proceeding by submitting written Subtitle VII, Part A, Subpart 1, Section comments on the proposal to the FAA. Acting Manager, Air Traffic Division, Alaskan 40103, Sovereignty and use of airspace. No public comments have been Region. Under that section, the FAA is charged received, thus, the rule is adopted as with prescribing regulations to ensure [FR Doc. 05–12567 Filed 6–23–05; 8:45 am] proposed. the safe and efficient use of the BILLING CODE 4910–13–P The area will be depicted on navigable airspace. This regulation is aeronautical charts for pilot reference. within the scope of that authority The coordinates for this airspace docket because it creates Class E airspace are based on North American Datum 83. sufficient in size to contain aircraft The Class E airspace areas designated as

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700/1200 foot transition areas are Adoption of the Amendment SUMMARY: This action establishes Class published in paragraph 6005 of FAA E airspace at Coldfoot, AK to provide I Order 7400.9M, Airspace Designations In consideration of the foregoing, the adequate controlled airspace to contain and Reporting Points, dated August 30, Federal Aviation Administration aircraft executing two new Standard 2004, and effective September 16, 2004, amends 14 CFR part 71 as follows: Instrument Approach Procedures which is incorporated by reference in 14 PART 71— DESIGNATION OF CLASS (SIAPs) and a new departure procedure. CFR 71.1. The Class E airspace A, CLASS B, CLASS C, CLASS D, AND This rule results in new Class E airspace designation listed in this document will CLASS E AIRSPACE AREAS; upward from 700 feet (ft.) above the be published subsequently in the Order. AIRWAYS; ROUTES; AND REPORTING surface at Coldfoot, AK. The Rule POINTS DATES: Effective: 0901 UTC, September 1, 2005. This revision to 14 CFR part 71 I 1. The authority citation for 14 CFR FOR FURTHER INFORMATION CONTACT: revises Class E airspace at Emmonak, part 71 continues to read as follows: Alaska. Additional Class E airspace is Jesse Patterson, AAL–538G, Federal being created to accommodate aircraft Authority: 49 U.S.C. 106(g), 40103, 40113, Aviation Administration, 222 West 7th 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Avenue, Box 14, Anchorage, AK 99513– executing amended SIAPs and will be 1963 Comp., p. 389. depicted on aeronautical charts for pilot 7587; telephone number (907) 271– reference. The intended effect of this § 71.1 [Amended] 5898; fax: (907) 271–2850; e-mail: [email protected]. Internet rule is to provide adequate controlled I 2. The incorporation by reference in 14 airspace for IFR operations at Emmonak address: http://www.alaska.faa.gov/at. CFR 71.1 of Federal Aviation Airport, Emmonak, Alaska. SUPPLEMENTARY INFORMATION: Administration Order 7400.9M, The FAA has determined that this Airspace Designations and Reporting History regulation only involves an established Points, dated August 30, 2004, and body of technical regulations for which On Monday, April 18, 2005, the FAA effective September 16, 2004, is frequent and routine amendments are proposed to revise part 71 of the Federal amended as follows: necessary to keep them operationally Aviation Regulations (14 CFR part 71) to current. It, therefore—(1) is not a * * * * * create new Class E airspace upward from 700 ft. above the surface at ‘‘significant regulatory action’’ under Paragraph 6005 Class E airspace extending Executive Order 12866; (2) is not a upward from 700 feet or more above the Coldfoot, AK (70 FR 20088). The action ‘‘significant rule’’ under DOT surface of the earth. was proposed in order to add Class E Regulatory Policies and Procedures (44 * * * * * airspace sufficient in size to contain FR 11034; February 26, 1979); and (3) aircraft while executing two new does not warrant preparation of a AAL AK E5 Emmonak, AK [Revised] Standard Instrument Approach regulatory evaluation as the anticipated Emmonak Airport, AK Procedures and a new departure ° ′ ″ ° ′ ″ impact is so minimal. Since this is a (Lat. 62 47 0758 N., long. 164 29 28 W.) procedure for the Coldfoot Airport. The routine matter that will only affect air Emmonak VOR/DME new approaches are (1) Area Navigation (Lat. 62°47′00″ N., long. 164°29′16″ W.) traffic procedures and air navigation, it (Global Positioning System) (RNAV is certified that this rule will not have That airspace extending upward from 700 (GPS)) Runway (RWY) 1, original; and feet above the surface within a 6.4-mile (2) RNAV (GPS)–A, original. The new a significant economic impact on a radius of the Emmonak Airport and within 4 substantial number of small entities ° departure procedure is the Bettles One miles east and 8 miles west of the 356 radial Departure. New Class E controlled under the criteria of the Regulatory of the Emmonak VOR/DME extending from Flexibility Act. the VOR/DME to 16 miles north and within airspace extending upward from 700 The FAA’s authority to issue rules 4 miles east and 8 miles west of the VOR/ feet above the surface in the Coldfoot regarding aviation safety is found in DME 185° radial extending from the VOR/ Airport area is established by this Title 49 of the United States Code. DME to 16 miles south. action. An error in the airspace Subtitle 1, Section 106 describes the * * * * * description was discovered in the authority of the FAA Administrator. proposal. The extension to the 6.7-mile Issued in Anchorage, AK, on June 16, 2005. radius of the airport was incorrectly Subtitle VII, Aviation Programs, Michael A. Tarr, describes in more detail the scope of the listed as the 042° bearing from the Acting Director, Alaska Flight Services Area airport. The correct bearing is the 222° agency’s authority. Office. This rulemaking is promulgated bearing from the airport. The error is under the authority described in [FR Doc. 05–12566 Filed 6–23–05; 8:45 am] corrected in the final rule. Interested Subtitle VII, Part A, Subpart 1, Section BILLING CODE 4910–13–P parties were invited to participate in 40103, Sovereignty and use of airspace. this rulemaking proceeding by Under that section, the FAA is charged submitting written comments on the DEPARTMENT OF TRANSPORTATION with prescribing regulations to ensure proposal to the FAA. No public the safe and efficient use of the Federal Aviation Administration comments have been received; thus, the navigable airspace. This regulation is rule is adopted as proposed. The area will be depicted on within the scope of that authority 14 CFR Part 71 because it creates Class E airspace aeronautical charts for pilot reference. sufficient in size to contain aircraft [Docket No. FAA–2005–20568; Airspace The coordinates for this airspace docket executing instrument procedures for the Docket No. 05–AAL–11] are based on North American Datum 83. Emmonak Airport and represents the The Class E airspace areas designated as Establishment of Class E Airspace; 700/1200 foot transition areas are FAA’s continuing effort to safely and Coldfoot, AK efficiently use the navigable airspace. published in paragraph 6005 of FAA Order 7400.9M, Airspace Designations List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation Administration (FAA), DOT. and Reporting Points, dated August 30, Airspace, Incorporation by reference, 2004, and effective September 16, 2004, ACTION: Final rule. Navigation (air). which is incorporated by reference in 14

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CFR 71.1. The Class E airspace PART 71—DESIGNATION OF CLASS A, and 1,200 ft. above the surface at designation listed in this document will CLASS B, CLASS C, CLASS D, AND Chalkyitsik, AK. be published subsequently in the Order. CLASS E AIRSPACE AREAS; DATES: Effective 0901 UTC, September The Rule AIRWAYS; ROUTES; AND REPORTING 1, 2005. POINTS This revision to 14 CFR part 71 FOR FURTHER INFORMATION CONTACT: establishes Class E airspace at Coldfoot, I 1. The authority citation for 14 CFR Jesse Patterson, AAL–538G, Federal Alaska. This additional Class E airspace part 71 continues to read as follows: Aviation Administration, 222 West 7th was created to accommodate aircraft Authority: 49 U.S.C. 106(g), 40103, 40113, Avenue, Box 14, Anchorage, AK 99513– executing new instrument procedures 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 7587; telephone number (907) 271– and will be depicted on aeronautical 1963 Comp., p. 389. 5898; fax: (907) 271–2850; e-mail: [email protected]. Internet charts for pilot reference. The intended § 71.1 [Amended] effect of this rule is to provide adequate address: http://www.alaska.faa.gov/at. controlled airspace for IFR operations at I 2. The incorporation by reference in 14 SUPPLEMENTARY INFORMATION: Coldfoot Airport, Coldfoot, Alaska. CFR 71.1 of Federal Aviation History The FAA has determined that this Administration Order 7400.9M, regulation only involves an established Airspace Designations and Reporting On Monday, April 18, 2005, the FAA body of technical regulations for which Points, dated August 30, 2004, and proposed to revise part 71 of the Federal frequent and routine amendments are effective September 16, 2004, is Aviation Regulations (14 CFR part 71) to necessary to keep them operationally amended as follows: create new Class E airspace upward current. It, therefore—(1) is not a * * * * * from 700 ft. and 1,200 ft. above the ‘‘significant regulatory action’’ under surface at Chalkyitsik, AK (70 FR Paragraph 6005 Class E airspace Executive Order 12866; (2) is not a 20090). The action was proposed in extending upward from 700 feet or more ‘‘significant rule’’ under DOT order to add Class E airspace sufficient above the surface of the earth. Regulatory Policies and Procedures (44 in size to contain aircraft while FR 11034; February 26, 1979); and (3) * * * * * executing two new Standard Instrument does not warrant preparation of a AAL AK E5 Coldfoot, AK [New] Approach Procedures for the regulatory evaluation as the anticipated Chalkyitsik Airport. The new impact is so minimal. Since this a Coldfoot Airport, AK approaches are Area Navigation (Global ° ′ ″ ° ′ ″ routine matter that will only affect air (Lat. 67 15 08 N., long. 150 12 14 W.) Positioning System) (RNAV (GPS)) traffic procedures and air navigation, it That airspace extending upward from Runway (RWY) 3, original; and (2) is certified that this rule will not have 700 feet above the surface within a 6.7- RNAV (GPS) RWY 21, original. New a significant economic impact on a mile radius of the Coldfoot Airport, and Class E controlled airspace extending substantial number of small entities within 2.3 miles each side of the 222° upward from 700 feet and 1,200 feet under the criteria of the Regulatory bearing from the airport extending from above the surface in the Chalkyitsik Flexibility Act. the 6.7-mile radius to 11.1 miles Airport area is established by this The FAA’s authority to issue rules southwest of the airport. action. Interested parties were invited to regarding aviation safety is found in * * * * * participate in this rulemaking Title 49 of the United States Code. Issued in Anchorage, AK, on June 16, 2005. proceeding by submitting written Subtitle 1, Section 106 describes the comments on the proposal to the FAA. Michael A. Tarr, authority of the FAA Administrator. No public comments have been Subtitle VII, Aviation Programs, Acting Area Director, Alaska Flight Services received; thus the rule is adopted as Area Office. describes in more detail the scope of the proposed. [FR Doc. 05–12565 Filed 6–23–05; 8:45 am] agency’s authority. The area will be depicted on This rulemaking is promulgated BILLING CODE 4910–13–P aeronautical charts for pilot reference. under the authority described in The coordinates for this airspace docket Subtitle VII, Part A, Subpart 1, Section DEPARTMENT OF TRANSPORTATION are based on North American Datum 83. 40103, Sovereignty and use of airspace. The Class E airspace areas designated as Under that section, the FAA is charged Federal Aviation Administration 700/1200 foot transition areas are with prescribing regulations to ensure published in paragraph 6005 of FAA the safe and efficient use of the 14 CFR Part 71 Order 7400.9M, Airspace Designations navigable airspace. This regulation is and Reporting Points, dated August 30, within the scope of that authority [Docket No. FAA–2005–20450; Airspace 2004, and effective September 16, 2004, because it creates Class E airspace Docket No. 05–AAL–07] which is incorporated by reference in 14 sufficient in size to contain aircraft CFR 71.1. The Class E airspace Establishment of Class E Airspace; executing instrument procedures for the designation listed in this document will Chalkyitsik, AK Coldfoot Airport and represents the be published subsequently in the Order. FAA’s continuing effort to safely and AGENCY: Federal Aviation The Rule efficiently use the navigable airspace. Administration (FAA), DOT. List of Subjects in 14 CFR Part 71 ACTION: Final rule. This revision to 14 CFR part 71 establishes Class E airspace at Airspace, Incorporation by reference, SUMMARY: This action establishes Class Chalkyitsik, Alaska. This additional Navigation (air). E airspace at Chalkyitsik, AK to provide Class E airspace was created to Adoption of the Amendment adequate controlled airspace to contain accommodate aircraft executing two aircraft executing two new Standard new SIAP’s and will be depicted on I In consideration of the foregoing, the Instrument Approach Procedures aeronautical charts for pilot reference. Federal Aviation Administration (SIAPs). This rule results in new Class The intended effect of this rule is to amends 14 CFR part 71 as follows: E airspace upward from 700 feet (ft.) provide adequate controlled airspace for

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IFR operations at Chalkyitsik Airport, § 71.1 [Amended] 7587; telephone number (907) 271– Chalkyitsik, Alaska. I 2. The incorporation by reference in 14 5898; fax: (907) 271–2850; e-mail: The FAA has determined that this CFR 71.1 of Federal Aviation [email protected]. Internet regulation only involves an established Administration Order 7400.9M, address: http://www.alaska.faa.gov/at. body of technical regulations for which Airspace Designations and Reporting SUPPLEMENTARY INFORMATION: frequent and routine amendments are Points, dated August 30, 2004, and History necessary to keep them operationally effective September 16, 2004, is current. It, therefore—(1) is not a amended as follows: On Monday, April 18, 2005, the FAA ‘‘significant regulatory action’’ under * * * * * proposed to revise part 71 of the Federal Executive Order 12866; (2) is not a Aviation Regulations (14 CFR part 71) to ‘‘significant rule’’ under DOT Paragraph 6005 Class E airspace extending create new Class E airspace upward upward from 700 feet or more above the from 700 ft. and 1,200 ft. above the Regulatory Policies and Procedures (44 surface of the earth. FR 11034; February 26, 1979); and (3) surface at Kiana, AK (70 FR 20091). The does not warrant preparation of a * * * * * airport name used in the proposal was regulatory evaluation as the anticipated AAL AK E5 Chalkyitsik, AK [New] incorrectly listed as Kiana, AK Airport. impact is so minimal. Since this a Chalkyitsik Airport, AK The correct name is Bob Baker routine matter that will only affect air (Lat. 66°38′42″ N., long. 143°44′20″ W.) Memorial Airport, Kiana, AK. This error traffic procedures and air navigation, it That airspace extending upward from 700 is corrected in the Final Rule. The is certified that this rule will not have feet above the surface within a 6.4-mile action was proposed in order to add a significant economic impact on a radius of the Chalkyitsik Airport, and that Class E airspace sufficient in size to substantial number of small entities airspace extending upward from 1,200 feet contain aircraft while executing two under the criteria of the Regulatory above the surface within an area bounded by new Standard Instrument Approach ° ′ ″ ° ′ ″ Flexibility Act. lat. 66 25 00 N., long. 144 00 00 W. to lat. Procedures and a Departure Procedure 66°25′00″ N., long. 143°00′00″ W., to lat. The FAA’s authority to issue rules ° ′ ″ ° ′ ″ for the Bob Baker Memorial Airport. The 67 00 00 N., long. 143 00 00 W. to lat. new approaches are Area Navigation regarding aviation safety is found in 67°00′00″ N., long. 144°00′00″ W. to point of Title 49 of the United States Code. beginning. (Global Positioning System) (RNAV (GPS)) Runway (RWY) 6, original; and Subtitle 1, Section 106 describes the * * * * * authority of the FAA Administrator. (2) RNAV (GPS) RWY 24, original. The Issued in Anchorage, AK, on June 16, 2005. Subtitle VII, Aviation Programs, new departure procedure is the Selawik describes in more detail the scope of the Michael A. Tarr, ONE Departure. New Class E controlled agency’s authority. Acting Area Director, Alaska Flight Services airspace extending upward from 700 Area Office. feet and 1,200 feet above the surface in This rulemaking is promulgated [FR Doc. 05–12564 Filed 6–23–05; 8:45 am] the Bob Baker Memorial Airport area is under the authority described in BILLING CODE 4910–13–P established by this action. Interested Subtitle VII, Part A, Subpart 1, Section parties were invited to participate in 40103, Sovereignty and use of airspace. this rulemaking proceeding by Under that section, the FAA is charged DEPARTMENT OF TRANSPORTATION submitting written comments on the with prescribing regulations to ensure proposal to the FAA. No public the safe and efficient use of the Federal Aviation Administration comments have been received; thus the navigable airspace. This regulation is rule is adopted as proposed. within the scope of that authority 14 CFR Part 71 The area will be depicted on because it creates Class E airspace aeronautical charts for pilot reference. sufficient in size to contain aircraft [Docket No. FAA–2005–20556; Airspace Docket No. 05–AAL–09] The coordinates for this airspace docket executing instrument procedures for the are based on North American Datum 83. Chalkyitsik Airport and represents the Establishment of Class E Airspace; The Class E airspace areas designated as FAA’s continuing effort to safely and Bob Baker Memorial Airport, Kiana, AK 700/1200 foot transition areas are efficiently use the navigable airspace. published in paragraph 6005 of FAA AGENCY: Federal Aviation List of Subjects in 14 CFR Part 71 Order 7400.9M, Airspace Designations Administration (FAA), DOT. and Reporting Points, dated August 30, Airspace, Incorporation by reference, ACTION: Final rule. 2004, and effective September 16, 2004, Navigation (air). which is incorporated by reference in 14 SUMMARY: This action establishes Class Adoption of the Amendment CFR 71.1. The Class E airspace E airspace at Bob Baker Memorial designation listed in this document will Airport, Kiana, AK, to provide adequate I be published subsequently in the Order. In consideration of the foregoing, the controlled airspace to contain aircraft Federal Aviation Administration executing two new Standard Instrument The Rule amends 14 CFR part 71 as follows: Approach Procedures (SIAPs) and a This revision to 14 CFR part 71 PART 71— DESIGNATION OF CLASS departure procedure. This rule results in establishes Class E airspace at Bob Baker A, CLASS B, CLASS C, CLASS D, AND new Class E airspace upward from 700 Memorial Airport, Kiana, AK. This CLASS E AIRSPACE AREAS; feet (ft.) and 1,200 ft. above the surface additional Class E airspace was created AIRWAYS; ROUTES; AND REPORTING at Bob Baker Memorial Airport, Kiana, to accommodate aircraft executing two POINTS AK. new SIAPs and a new departure EFFECTIVE DATE: 0901 UTC, September 1, procedure and will be depicted on I 1. The authority citation for 14 CFR 2005. aeronautical charts for pilot reference. part 71 continues to read as follows: FOR FURTHER INFORMATION CONTACT: The intended effect of this rule is to Authority: 49 U.S.C. 106(g), 40103, 40113, Jesse Patterson, AAL–538G, Federal provide adequate controlled airspace for 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Aviation Administration, 222 West 7th IFR operations at Bob Baker Memorial 1963 Comp., p. 389. Avenue, Box 14, Anchorage, AK 99513– Airport, Kiana, AK.

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The FAA has determined that this § 71.1 [Amended] individuals participating in the Ticket regulation only involves an established I 2. The incorporation by reference in 14 to Work and Self-Sufficiency Program or body of technical regulations for which CFR 71.1 of Federal Aviation another program of vocational frequent and routine amendments are Administration Order 7400.9M, rehabilitation services, employment necessary to keep them operationally Airspace Designations and Reporting services, or other support services current. It, therefore—(1) is not a Points, dated August 30, 2004, and approved by the Commissioner of Social ‘‘significant regulatory action’’ under effective September 16, 2004, is Security. We are also extending Executive Order 12866; (2) is not a amended as follows: eligibility for these continued benefit payments to students age 18 through 21 ‘‘significant rule’’ under DOT * * * * * Regulatory Policies and Procedures (44 who recover medically, or whose FR 11034; February 26, 1979); and (3) Paragraph 6005 Class E airspace extending disability is determined to have ended does not warrant preparation of a upward from 700 feet or more above the as a result of an age-18 redetermination, surface of the earth. regulatory evaluation as the anticipated while participating in an individualized impact is so minimal. Since this is a * * * * * education program developed under the Individuals with Disabilities Education routine matter that will only affect air AAL AK E5 Kiana, AK [New] Act with an appropriate provider of traffic procedures and air navigation, it Bob Baker Memorial Airport, Kiana, AK is certified that this rule will not have ° ′ ″ ° ′ ″ services. Providers of services we may (Lat. 66 58 33 N., long. 160 26 12 W.) approve include a public or private a significant economic impact on a That airspace extending upward from 700 organization with expertise in the substantial number of small entities feet above the surface within a 7.5-mile delivery or coordination of vocational under the criteria of the Regulatory radius of the Bob Baker Memorial Airport, rehabilitation services, employment Flexibility Act. and that airspace extending upward from 1,200 feet above the surface within a 30-mile services, or other support services; or a The FAA’s authority to issue rules radius of 66°56′28″ N 161°02′38″ W and a 30- public, private or parochial school that regarding aviation safety is found in mile radius of 67°00′41″ N 159°46′18″ W provides or coordinates a program of Title 49 of the United States Code. excluding that airspace within Ambler, vocational rehabilitation services, Subtitle I, Section 106 describes the Selawik and Nome Class E airspace. employment services, or other support authority of the FAA Administrator. services carried out under an * * * * * Subtitle VII, Aviation Programs, individualized program or plan. describes in more detail the scope of the Issued in Anchorage, AK, on June 16, 2005. DATES: Effective Date: These rules are agency’s authority. Michael A. Tarr, effective July 25, 2005. This rulemaking is promulgated Acting Director, Alaska Flight Services Area FOR FURTHER INFORMATION CONTACT: under the authority described in Office. Mary Hoover, Policy Analyst, Office of Subtitle VII, Part A, Subpart 1, Section [FR Doc. 05–12563 Filed 6–23–05; 8:45 am] Program Development and Research, 40103, Sovereignty and use of airspace. BILLING CODE 4910–13–P Social Security Administration, 128 Under that section, the FAA is charged Altmeyer Building, 6401 Security with prescribing regulations to ensure Boulevard, Baltimore, MD 21235–6401, the safe and efficient use of the SOCIAL SECURITY ADMINISTRATION e-mail to [email protected], or navigable airspace. This regulation is telephone (410) 965–5651 or TTY 1– within the scope of that authority 20 CFR Parts 404 and 416 800–325–0778 for information about because it creates Class E airspace [Regulation Nos. 4 and 16] these regulations. For information on sufficient in size to contain aircraft eligibility or filing for benefits, call our executing instrument procedures for the RIN 0960—AF86 national toll-free number, 1–800–772– Bob Baker Memorial Airport and 1213 or TTY 1–800–325–0778, or visit Continuation of Benefit Payments to represents the FAA’s continuing effort our Internet Web site, Social Security Certain Individuals Who Are to safely and efficiently use the Online, at http:// Participating in a Program of navigable airspace. www.socialsecurity.gov. Vocational Rehabilitation Services, List of Subjects in 14 CFR Part 71 Employment Services, or Other Electronic Version Support Services The electronic file of this document is Airspace, Incorporation by reference, available on the date of publication in AGENCY: Social Security Administration. Navigation (air). the Federal Register at http:// ACTION: Final rule. Adoption of the Amendment www.gpoaccess.gov/fr/index.html. It is SUMMARY: We are publishing final rules also available on the Internet site for the I In consideration of the foregoing, the that amend the rules for the Social Security Administration (i.e., Federal Aviation Administration continuation of disability benefit Social Security Online): http:// amends 14 CFR part 71 as follows: payments under titles II and XVI of the policy.ssa.gov/pnpublic.nsf/LawsRegs. Social Security Act (the Act) to certain SUPPLEMENTARY INFORMATION: PART 71—DESIGNATION OF CLASS A, individuals who recover medically Statutory Background CLASS B, CLASS C, CLASS D, AND while participating in an appropriate CLASS E AIRSPACE AREAS; vocational rehabilitation (VR) program The Social Security Disability AIRWAYS; ROUTES; AND REPORTING with a State vocational rehabilitation Amendments of 1980 POINTS agency. We are amending these rules to The Social Security Disability conform with statutory amendments Amendments of 1980 (the 1980 I 1. The authority citation for 14 CFR that extend eligibility for these Amendments), Public Law 96–265, part 71 continues to read as follows: continued benefit payments to certain amended titles II and XVI of the Act to Authority: 49 U.S.C. 106(g), 40103, 40113, individuals who recover medically provide for the continuation of payment 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– while participating in an appropriate of disability benefits under the Social 1963 Comp., p. 389. program of services. These include Security or SSI program to certain

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individuals whose disability medically Our regulations provide that these State vocational rehabilitation program. ceases while the individual is engaged continued benefits generally will be The amendments made by section 5113 in a program of vocational stopped with the month the individual of OBRA 1990 were effective for benefits rehabilitation. Section 301 of the 1980 completes the program, stops payable for months beginning on or after Amendments added sections 225(b) and participating in the program for any November 1, 1991, and applied to 1631(a)(6) of the Act to provide that the reason, or we determine that the individuals whose disability or payment of benefits based on disability individual’s continuing participation in blindness ended on or after that date. shall not be terminated or suspended the program will no longer significantly We implemented these amendments because the physical or mental increase the likelihood that the through the issuance of operating impairment, on which the individual’s individual will be permanently removed instructions reflecting the extension of entitlement or eligibility is based, has or from the disability benefit rolls. eligibility for continued benefits under may have ceased, if: sections 225(b) and 1631(a)(6) of the Act • The individual is participating in The Omnibus Budget Reconciliation Act of 1987 to individuals who medically recover an approved vocational rehabilitation while participating in an approved non- program under a State plan approved Section 9112 of the Omnibus Budget State vocational rehabilitation program. under title I of the Rehabilitation Act of Reconciliation Act of 1987 (OBRA 1973, and 1987), Public Law 100–203, amended The Personal Responsibility and Work • The Commissioner of Social section 1631(a)(6) of the Act to extend Opportunity Reconciliation Act of 1996 Security determines that completion of eligibility for continued benefits under The Personal Responsibility and Work the program, or its continuation for a that section to individuals who receive Opportunity Reconciliation Act of 1996, specified period of time, will increase SSI benefits based on blindness and Public Law 104–193, amended section the likelihood that the individual may whose blindness ends while they are 1614(a)(3) of the Act to require be permanently removed from the participating in an approved State redeterminations of the eligibility for disability benefit rolls. vocational rehabilitation program. This SSI benefits based on disability of amendment was effective April 1, 1988. The purpose of these benefit individuals who attain age 18 (age-18 We implemented this amendment continuation provisions is to encourage redeterminations). The law requires us through the issuance of operating individuals to continue participating in to redetermine the eligibility of instructions reflecting the extension of the approved vocational rehabilitation individuals who attain age 18 and who eligibility for continued benefits under program in which they are engaged at were eligible for SSI benefits based on section 1631(a)(6) of the Act to the time their disability ceases in ‘‘those disability for the month before the individuals receiving SSI blindness exceptional cases where the month in which they attained age 18. In benefits. In addition, when we added administration is able to determine that these disability redeterminations, the §§ 416.2201(b) and 416.2212 to our continuation in a vocational law requires us to use the rules for regulations governing payments under rehabilitation program will increase the determining initial eligibility for adults likelihood of the individual’s being the vocational rehabilitation cost reimbursement program, we included (individuals age 18 or older) filing new permanently removed from the applications for benefits. The medical disability rolls.’’ S. Rep. No. 408, 96th rules to reflect the expanded scope of the benefit continuation provision improvement review standard used in Cong., 1st Sess. 50 (1979). continuing disability reviews does not Our regulations implementing the under section 1631(a)(6) of the Act apply to these disability provisions of the Act added by section resulting from the amendment made by redeterminations. 301 of the 1980 Amendments provide section 9112 of OBRA 1987. that we may continue an individual’s In § 416.987(b) of our regulations, we The Omnibus Budget Reconciliation Act explain the rules for adult applicants benefits (and, when the individual of 1990 receives benefits as a disabled worker, that we use in redetermining the the benefits of his or her dependents) Section 5113 of the Omnibus Budget eligibility of an individual who has after the individual’s impairment is no Reconciliation Act of 1990 (OBRA attained age 18. If we find that the longer disabling if: 1990), Public Law 101–508, amended individual is not disabled, we will find • The individual’s disability did not sections 225(b) and 1631(a)(6) of the Act that his or her disability has ended, as end before December 1980, the effective to permit the continuation of benefit explained in § 416.987(e). For an date of the provisions of the Act added payments on account of an individual’s individual whose disability has ended by section 301 of the 1980 participation in a non-State vocational as a result of an age-18 redetermination Amendments; rehabilitation program. Section 5113 using the rules described in • The individual is participating in amended sections 225(b) and 1631(a)(6) § 416.987(b), and who is participating in an appropriate program of vocational of the Act to allow the continuation of a program of vocational rehabilitation rehabilitation, that is, one that has been payment of Social Security disability services when disability ends, our approved under a State plan approved benefits or SSI disability or blindness operating guides provide that we will under title I of the Rehabilitation Act of benefits to an individual whose consider the individual for eligibility for 1973 and that meets the requirements disability or blindness ends while he or continued benefits under section outlined in 34 CFR part 361 for a she is participating in a program of 1631(a)(6) of the Act. For benefits to rehabilitation program; vocational rehabilitation services continue, the individual must be • The individual began the program approved by us. These amendments participating in an approved program of before his or her disability ended; and extended to Social Security disability vocational rehabilitation services. In • We have determined that the beneficiaries and SSI disability or addition, the completion or individual’s completion of the program, blindness beneficiaries who medically continuation of the program must satisfy or his or her continuation in the recover while participating in an the test of increasing the likelihood of program for a specified period of time, approved non-State vocational the individual’s permanent removal will significantly increase the likelihood rehabilitation program the same benefit from the benefit rolls. The individual that the individual will not have to continuation rights applicable to must meet all of the other requirements return to the disability benefit rolls. individuals participating in an approved of SSI eligibility.

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The Ticket to Work and Work Incentives blindness ceases when the individual is postsecondary education, vocational Improvement Act of 1999 participating in a program consisting of training, integrated employment On December 17, 1999, the Ticket to the Ticket to Work program under (including supported employment), Work and Work Incentives section 1148 of the Act or another continuing and adult education, adult Improvement Act of 1999, Public Law program of vocational rehabilitation services, independent living, or 106–170, became law. Section 101(a) of services, employment services, or other community participation. this law added a new section 1148 of support services approved by the In the NPRM, we cited language from the Act to establish the Ticket to Work Commissioner of Social Security. The Public Law 105–17, the IDEA and Self-Sufficiency Program (Ticket to amendments did not change the Amendments of 1997, enacted on June Work program). The purpose of the requirement in sections 225(b)(2) and 4, 1997. Congress made changes to IDEA 1631(a)(6)(B) of the Act that, for an Ticket to Work program is to expand the in Public Law 108–446 enacted on individual to qualify, the Commissioner universe of service providers available December 3, 2004. Effective July 1, of Social Security must determine that to beneficiaries with disabilities who are 2005, the IDEA’s provision regarding the completion of the program, or its seeking employment services, transition services in an IEP will continuation for a specified period of vocational rehabilitation services, or provide that ‘‘beginning not later than time, will increase the likelihood that other support services to assist them in the first IEP to be in effect when the the individual may be permanently obtaining, regaining, and maintaining child is 16, and updated annually’’ the removed from the disability or self-supporting employment. child’s IEP must include ‘‘appropriate blindness benefit rolls. Under the Ticket to Work program, measurable postsecondary goals based the Commissioner of Social Security The Individuals With Disabilities upon age appropriate transition may issue a ticket to Social Security Education Act (IDEA) assessments related to training education, employment, and where disability beneficiaries and disabled or Part B of IDEA, as amended (20 U.S.C. appropriate, independent living skills; blind SSI beneficiaries for participation 1400 et seq.), establishes a program for * * * the transition services (including in the program. Each beneficiary has the assistance to States to provide special option of using his or her ticket to education and related services to courses of study) needed to assist the obtain services from a provider known children with disabilities. Part B of child in reaching those goals; and * * * as an employment network or from a IDEA is administered by the U.S. beginning not later than 1 year before State vocational rehabilitation agency. Department of Education. the child reaches the age of majority The beneficiary will choose the The concept of a ‘‘disability’’ under under State law, a statement that the employment network or State vocational IDEA is distinct from the definition of child has been informed of the child’s rehabilitation agency, and the disability under title II or title XVI of the rights under this title, if any, that will employment network or State vocational Social Security Act. A person may have transfer to the child on reaching the age rehabilitation agency will provide a disability for the purposes of part B of of majority under section 615(m). services. Employment networks will IDEA, but not meet or no longer meet Other Background also be able to choose whom they serve. the definition of disability under the We published final regulations title II or title XVI programs. In this The National Longitudinal Transition implementing the Ticket to Work preamble, when we use the term Study program in the Federal Register on ‘‘individual with a disability,’’ ‘‘student The National Longitudinal Transition December 28, 2001 (66 FR 67370). The with a disability,’’ or a similar term with Study (NLTS) was mandated by the U.S. regulations were effective on January 28, reference to IDEA, we intend the term Congress in 1983, and describes the 2002. Under the regulations, service to have the same meaning as the term experiences and outcomes of youth with providers who provide vocational ‘‘child with a disability’’ as defined in disabilities nationally during secondary rehabilitation services, employment section 602(3) of IDEA, as amended (20 school and early adulthood. It was services, or other support services can U.S.C. 1401(3)). conducted from 1987 through 1993 by qualify as employment networks and In order for a State to receive SRI International under contract number serve beneficiaries under the Ticket to assistance under part B of IDEA, an 300–87–0054 with the Office of Special individualized education program (IEP) Work program. The expansion of Education Programs, Department of must be developed, reviewed and options available to beneficiaries to Education. (The electronic file of this revised for each child with a disability. obtain these services is intended to document is available at http:// The IEP must be developed, reviewed enhance the choices of beneficiaries in www.sri.com/policy/cehs/publications/ and, if appropriate, revised by a team getting the services they need to obtain, dispub/nlts/nltssum.html.) The NLTS including, among others, the student, if regain and/or maintain employment. provides evidence of the importance of Section 101(b) of the Ticket to Work appropriate, and his or her parents, a supporting students with disabilities to and Work Incentives Improvement Act special education teacher, the student’s stay in school. The study showed that: of 1999 amended sections 225(b)(1) and regular education teacher, if the child is • 1631(a)(6)(A) of the Act by deleting ‘‘a or may be participating in the regular Students with disabilities who stay program of vocational rehabilitation education environment, and other in school have better post-school services’’ and inserting in its place ‘‘a individuals who have knowledge or outcomes than their peers who dropped program consisting of the Ticket to special expertise concerning the child. out of school. • Work and Self-Sufficiency Program For each student with a disability Students with disabilities who under section 1148 or another program beginning at age 16 (or younger if stayed in school were more likely to of vocational rehabilitation services, determined appropriate by the IEP enroll in postsecondary vocational or employment services, or other support team), the IEP must include a statement academic programs. services.’’ The amended provisions of of needed transition services for the • There was a consistently positive these sections now expressly authorize student that promotes movement from relationship between staying in school the continuation of benefit payments school to post-school activities. Based and employment success. under section 225(b) or 1631(a)(6) of the on the individual student’s needs, In addition, the NLTS documented Act to an individual whose disability or transition services might include the importance of vocational education

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and work experience programs in Changes to the Regulations in a program of vocational rehabilitation school: These final rules update our services, employment services, or other • Students with disabilities who took regulations to reflect amendments to support services may be eligible for occupationally oriented vocational sections 225(b) and 1631(a)(6) of the continued benefits under section education were significantly less likely Act. They also make certain other 1631(a)(6) of the Act. We also are to drop out of school than students who changes to our regulations regarding reflecting this expanded scope of the did not. eligibility for continued benefit statute in new § 416.1338(e), that we • Students with disabilities who discuss later in this preamble. participated in work experience payments under these sections of the programs missed significantly less Act. Individuals Whose Disability Is school and were less likely to fail a On August 1, 2003, we published a Determined To Have Ended as a Result course or drop out of high school. Notice of Proposed Rulemaking (NPRM) of an Age-18 Redetermination of SSI • For the majority of students with in the Federal Register (68 FR 45180) Eligibility disabilities (those with learning, speech and provided a 60-day period for We are revising the introductory text or emotional disabilities or mild mental interested parties to comment. We of § 416.1338(a) to indicate that retardation) vocational education in received comments from 201 individuals who receive SSI benefits high school was related to a higher commenters. We summarize the based on disability and whose disability probability of finding competitive jobs significant comments we received on is determined to have ended under the and higher earnings. the proposed rules and provide our rules in § 416.987(b) and (e)(1) in an • For students with orthopedic or responses to those comments later in age-18 redetermination may have their health impairments, participation in this preamble under ‘‘Public Comments benefit payments continued under high school work experience programs on the Notice of Proposed Rulemaking.’’ section 1631(a)(6) of the Act if the translated into a higher likelihood of As we explain below, in these final individual meets all other requirements employment and higher earnings after regulations, we are making certain for continued benefits. high school. changes from the proposed rules in The NLTS also documented that the response to public comments. Students Participating in an post-school paths of youths with Subsequent to the publication of the Individualized Education Program or disabilities reflected their transition NPRM, one of the sections that we Similar Individualized Program or Plan goals. Twelfth-graders who had a proposed to amend (and that we are The NLTS demonstrated that there transition goal related to competitive now amending in these final was a consistently positive relationship employment or to postsecondary regulations) was redesignated as a result between staying in school and education were more likely to find jobs of a separate publication of a final rule employment success, and it suggested or go on to postsecondary schools than affecting the regulations under the SSI that any efforts that encourage students students who did not have such a goal. program. Specifically, on September 11, with disabilities to stay in school and The NLTS suggests that any efforts 2003, we published a final rule in the complete their educational and that encourage students with disabilities Federal Register (68 FR 53506), relating vocational training are important to to stay in school and complete their to access to information held by improving post-school outcomes for educational and vocational training are financial institutions, that redesignated students with disabilities. The NLTS important to improving post-school § 416.1321, ‘‘Suspensions; general,’’ as also documented the importance of outcomes for students with disabilities. § 416.1320, and added a new vocational education and work It indicates that students with § 416.1321, ‘‘Suspension for not giving experience programs in school. disabilities drop out of school at a us permission to contact financial We are, therefore, amending our rules higher rate than students in the general institutions,’’ effective October 14, 2003. to encourage young people with population (38 percent vs. 25 percent). As a result of this change, the section disabilities to stay in school and identified in the NPRM as § 416.1321 is complete their educational and The New Freedom Initiative now § 416.1320. Reflecting this change, vocational training, and to encourage On February 1, 2001, President the final regulations that we are the families of students with disabilities George W. Bush announced his New publishing today amend § 416.1320. to support them in preparing for Freedom Initiative to promote the full Therefore, in explaining the changes to employment and self-sufficiency. This participation of people with disabilities this section in this preamble, we is consistent with the goals of the in all areas of society by increasing identify the section affected as President’s New Freedom Initiative to access to assistive and universally § 416.1320, rather than § 416.1321 as expand access to quality education for designed technologies, expanding provided in the NPRM. youth with disabilities, ensure that they educational and employment receive support to transition from opportunities, and promoting full access Extension of Eligibility for Continued school to employment, and improve the to community life. Because a solid Benefit Payments to Individuals Who high school graduation rates of students education is critical to ensuring that Receive SSI Benefits Based on Blindness with disabilities. Specifically, we are individuals with disabilities have an We are revising §§ 416.1320(d), providing that, if a student age 18 equal chance to succeed, the New 416.1331(a) and (b), 416.1338(a) and (b), through 21 is receiving services under Freedom Initiative includes goals of and 416.1402(j) to reflect the OBRA an IEP or similar individualized expanding access to quality education 1987 amendment that extended the program or plan, and if the student’s for youths with disabilities, ensuring scope of section 1631(a)(6) of the Act to disability ceases as a result of a that they receive support to transition cover individuals receiving SSI benefits continuing disability review or an age- from school to employment, and based on blindness. We are revising 18 disability redetermination, we will improving the high school graduation these sections to indicate that an consider that the student’s completion rates of students with disabilities. These individual whose eligibility for SSI of or continuation in the IEP will final rules fully support the education benefits is based on blindness and increase the likelihood that he or she and employment goals embodied in the whose blindness ends due to medical will not have to return to the disability New Freedom Initiative. recovery while he or she is participating or blindness benefit rolls.

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We are providing benefit continuation continued benefits. The regulations that under sections 225(b) and 1631(a)(6) of for students whose disability is we are revising by these final rules were the Act, as amended. determined to have ended as a result of based on the original provisions of We are also amending our regulations an age-18 redetermination and who are sections 225(b) and 1631(a)(6) of the by adding new §§ 404.327(a) and receiving services under IEPs in order to Act, and indicated that an individual 416.1338(c) to explain the term ‘‘an encourage young people with whose impairment is no longer appropriate program of vocational disabilities to stay in school and disabling may be considered for rehabilitation services, employment complete their educational and eligibility for continued benefits if he or services, or other support services.’’ We vocational training, and to encourage she is participating in a vocational explain that an appropriate program of their families to support them in rehabilitation program provided by a vocational rehabilitation services, preparing for employment and self- State vocational rehabilitation agency. employment services, or other support sufficiency. We are providing benefit The amendments to sections 225(b)(1) services means one of the following: continuation on this basis for students and 1631(a)(6)(A) of the Act, made by • A program that is carried out under with disabilities through age 21, since OBRA 1990, extended consideration for an individual work plan with an each State can receive a grant of continued benefits under sections employment network under the Ticket assistance under IDEA for serving 225(b) and 1631(a)(6) of the Act to to Work program; individuals with disabilities through age individuals in approved non-State • A program that is carried out under 21. vocational rehabilitation programs. an individualized plan for employment We are revising § 416.1338(a) to We implemented the amendments with a State vocational rehabilitation indicate that individuals who receive made by OBRA 1990 by publishing agency operating under a State plan SSI benefits based on disability and operating instructions in 1992. These approved under title I of the whose disability is determined to have instructions identified an approved non- Rehabilitation Act of 1973, as amended ended under the rules in § 416.987(b) State vocational rehabilitation program (29 U.S.C. 720–751); and (e)(1) as a result of an age-18 as any non-State vocational • A program that is carried out under redetermination may have their benefit rehabilitation service provider who an individualized plan for employment payments continued under section meets one of the following criteria: with an organization administering a 1631(a)(6) of the Act if the individual • Is licensed, certified, accredited, or Vocational Rehabilitation Services meets all other requirements for registered, as appropriate, to provide Project for American Indians with continued benefits. Young people vocational rehabilitation services in the Disabilities authorized under section whose disability has ended as a result State in which it provides services; or 121 of part C of title I of the of a redetermination of their eligibility • Is an agency of the Federal Rehabilitation Act of 1973, as amended at age 18 may have no improvement in government (e.g., the Department of (29 U.S.C. 741); their medical condition; they are found Veterans Affairs); or • A program of vocational not disabled because they do not meet • Is a provider approved to provide rehabilitation services, employment the initial disability standard that we services under a Social Security services, or other support services that apply to adult applicants. Therefore, we Administration research or is carried out under a similar, are adding rules to provide that we will demonstration project. individualized written employment consider completion of or continuation The amendments to sections 225(b)(1) plan with an agency of the Federal by a student age 18 through 21 in such and 1631(a)(6)(A) of the Act, made by government (e.g., the Department of a program to be analogous to the section 101(b) of Public Law 106–170, Veterans Affairs), a one-stop delivery individualized determination that further expanded the type of program in system or specialized one-stop center completion of or continuation in other which an individual must be described in section 134(c) of the approved programs of vocational participating to qualify for continued Workforce Investment Act of 1998 (29 rehabilitation services will improve an benefits. These sections of the Act now U.S.C. 2864(c)), or another provider of individual’s level of education or work provide that an individual may be services approved by us; experience so that he or she would be considered for eligibility for continued • A program of vocational more likely to be able to do other work benefits if she or he is participating in rehabilitation services, employment that exists in the national economy, a program consisting of the Ticket to services, or other support services that despite a possible future reduction in Work program or another program of is carried out under a similar, his or her residual functional capacity. vocational rehabilitation services, individualized written employment On this basis, under the rules we are employment services, or other support plan and provided by or coordinated by adding as §§ 404.328(b) and services approved by the Commissioner a public, private, or parochial school; or 416.1338(e)(2), we will determine that of Social Security. • For a student age 18 through 21, an participation in such a program will We are revising §§ 404.316(c)(1), individualized education program (IEP) increase the likelihood that an 404.337(c)(1), 404.352(d)(1), 404.902(s), developed under policies and individual age 18 through 21 who is 404.1586(g)(1), 404.1596(c)(4), procedures approved by the Secretary of engaged in such a program at the time 404.1597(a), 416.1320(d)(1), 416.1331(a) Education for assistance to States for the his or her disability ceases will not have and (b), 416.1338(a), and 416.1402(j) to education of individuals with to return to the disability rolls. take account of the amendments to disabilities under the Individuals with sections 225(b)(1) and 1631(a)(6)(A) of Disabilities Education Act (IDEA), as Individuals Participating in the Ticket the Act. In the revisions to these amended (20 U.S.C. 1400 et seq.). to Work Program or Another Program of sections of the regulations, we are using We also are including an appropriate Vocational Rehabilitation Services, the term ‘‘an appropriate program of cross-reference to § 404.327(a) or Employment Services, or Other Support vocational rehabilitation services, § 416.1338(c) in the sections of the Services Approved by Us employment services, or other support regulations that state the basic We are revising and updating our services’’ to refer to the program in requirement that the individual must be regulations regarding the type of which an individual must be participating in an appropriate program. program in that an individual must be participating in order to be considered In the NPRM, we included the participating in order to qualify for for eligibility for continued benefits provisions relating to a program of

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services from an organization Definition of ‘‘Participating’’ in a participating in the program if he or she administering a Vocational Program is taking part in the activities and Rehabilitation Services Project for We are amending our regulations to services outlined in the IEP. In response to public comments, we American Indians with Disabilities in add new §§ 404.327(b) and 416.1338(d) have provided in §§ 404.327(b)(3) and proposed §§ 404.327(a)(3) and to explain when an individual will be 416.1338(d)(3) that an individual will be 416.1338(c)(3). In these final rules, we considered to be ‘‘participating’’ in the considered to be participating in his or deleted these proposed sections and program. Sections 225(b) and 1631(a)(6) her program during interruptions in his incorporated the provisions in of the Act and the regulations that we or her program, provided that such §§ 404.327(a)(2) and 416.1338(c)(2). We are revising by these final rules did not interruptions are temporary. We explain clarify in these rules that a program of define the term ‘‘participating.’’ that, for an interruption to be services from an organization Our operating instructions have used considered temporary, the individual administering such a project must be the term ‘‘actively involved’’ in a must resume taking part in the activities carried out under an individualized vocational rehabilitation program and and services outlined in his or her plan for employment, which is the same have defined active participation in a individual work plan, individualized requirement that applies to a program of State vocational rehabilitation program plan for employment, similar services from a State vocational as placement in one of four State rehabilitation agency. Because of this individualized written employment vocational rehabilitation agency status change, we renumbered the provisions plan, or individualized education codes: vocational rehabilitation plan that were set out in the NPRM as program, as the case may be, no more developed and approved; counseling proposed §§ 404.327(a)(4) and (5) and than three months after the month the and guidance; physical restoration; and 416.1338(c)(4) and (5). In the final rules, interruption occurred. training, including vocational and these provisions are now college training. No other State Determining Increased Likelihood of §§ 404.327(a)(3) and (4) and vocational rehabilitation agency status Permanent Removal From the Disability 416.1338(c)(3) and (4), respectively. Benefit Rolls The proposed rules also provided that codes are considered ‘‘active a program of vocational rehabilitation participation’’ for purposes of continued We are amending our regulations to services, employment services, or other benefit payments. Other providers of add new §§ 404.328 and 416.1338(e) to support services that is carried out vocational rehabilitation services, explain how we will determine whether under an individualized written employment services, or other support an individual’s completion of or employment plan similar to an services do not use these codes and continuation in an appropriate program individualized plan for employment several State vocational rehabilitation of vocational rehabilitation services, would qualify as an appropriate agencies no longer use them. employment services, or other support program, if it is carried out with a Our operating instructions on services will increase the likelihood that provider of services approved by us. demonstrating participation in a non- the individual will not have to return to Based on public comments we received State vocational rehabilitation program the disability benefit rolls. Sections on the NPRM, we are making changes in have required that we obtain 225(b) and 1631(a)(6) of the Act provide the provisions in §§ 404.327(a)(3) and information regarding the individual’s for continued benefits to persons who 416.1338(c)(3) of the final rules. The status, including whether the individual are no longer disabled due to medical final rules provide that a program of is actively receiving services such as recovery and who are participating in an such services that is carried out under counseling and guidance, physical appropriate program only if we can an individualized written employment restoration, or academic, business, determine that completion or plan similar to an individualized plan vocational, or other training. We have continuation of the program ‘‘will for employment will qualify as an used this information to determine on a increase the likelihood’’ that the appropriate program if it is carried out case-by-case basis whether the individual will remain permanently off with an agency of the Federal individual’s status in the non-State the disability benefit rolls. As the government (e.g., the Department of program is equivalent to the State individual is not disabled and, by Veterans Affairs), a one-stop delivery vocational rehabilitation status codes definition, is able to engage in system or specialized one-stop center used to determine participation. substantial gainful activity without the described in section 134(c) of the In the new §§ 404.327(b) and need for the program, there is already a Workforce Investment Act of 1998 (29 416.1338(d), we explain the criteria we ‘‘likelihood’’ that the individual will U.S.C. 2864(c)), or another provider of will now use to determine whether an stay off the disability benefit rolls. services approved by us. We also individual is ‘‘participating’’ in the Benefits may be continued to the include in §§ 404.327(a)(3) and program for purposes of continued individual only if completion or 416.1338(c)(3) of the final rules benefit payments. We explain that if an continuation of the program will examples of service providers that we individual is in an appropriate program ‘‘increase’’ this likelihood. For this may approve under these sections. We (as described in §§ 404.327(a) and reason, new §§ 404.328 and 416.1338(e) explain that providers we may approve 416.1338(c)), we will consider the explain that we will determine that the include, but are not limited to— individual to be participating in the completion of the program, or its • A public or private organization program if the individual is taking part continuation for a specified period of with expertise in the delivery or in the activities and services outlined in time, will increase the likelihood that coordination of vocational rehabilitation his or her plan. If the individual is age the individual will not have to return to services, employment services, or other 18 through 21 and receiving services the disability benefit rolls if we find that support services ; or under an IEP developed under policies the individual’s completion of or • A public, private or parochial and procedures approved by the continuation in the program will school that provides or coordinates a Secretary of Education for assistance to provide the individual with: program of vocational rehabilitation States for the education of individuals • Work experience so that the services, employment services, or other with disabilities under the Individuals individual would more likely be able to support services carried out under an with Disabilities Education Act, we will do past relevant work despite a possible individualized program or plan. consider the individual to be future reduction in his or her residual

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functional capacity (i.e., the work must continued after his or her impairment is or continuation in an appropriate last long enough for the individual to no longer disabling (or, for SSI program of vocational rehabilitation learn to do it, be substantial gainful blindness benefits, after his or her services, employment services, or other activity, and have physical and mental blindness ends due to medical recovery) support services will increase the requirements that the individual could if: likelihood that the individual will not meet even if his or her residual • The individual is participating in have to return to the disability or functional capacity were significantly an appropriate program of vocational blindness benefit rolls. reduced); or rehabilitation services, employment We are revising § 404.902(s) by • An improvement in any of the services, or other support services, as removing reference to ‘‘an appropriate vocational factors of education or described in new § 404.327(a) and (b) or vocational rehabilitation program’’ and skilled or semi-skilled work experience in new § 416.1338(c) and (d); inserting in its place ‘‘an appropriate so that he or she would more likely be • The individual began participating program of vocational rehabilitation able to adjust to other work that exists in the program before the date his or her services, employment services, or other in the national economy, despite a disability or blindness ended; and support services.’’ We are making this possible future reduction in his or her • We have determined under new same change in the heading of residual functional capacity. § 404.328 or new § 416.1338(e) that the § 404.1586(g). We are also providing a rule in individual’s completion of the program, We are revising § 404.1597(a) to §§ 404.328 and 416.1338(e) for students or continuation in the program for a eliminate the references to November age 18 through 21 who are participating specified period of time, will increase 1980 and December 1980; to remove in an IEP developed under policies and the likelihood that the individual will reference to ‘‘an appropriate vocational procedures approved by the Secretary of not have to return to the disability or rehabilitation program’’ and insert in its Education for assistance to States for the blindness benefit rolls. place ‘‘an appropriate program of education of individuals with In the revision of § 416.1338(a), we vocational rehabilitation services, disabilities under the IDEA, as amended also explain that an individual whose employment services, or other support (20 U.S.C. 1400 et seq.). Under the final disability is determined to have ended services’; and to indicate that the rules, we will find that these students’ as a result of an age-18 redetermination individual must have started completion of or continuation in the may continue to receive SSI benefits if participating in the program before the program will increase the likelihood the requirements described above are date his or her disability ended. that they will not have to return to the met. We are revising § 416.1331(a) and (b). disability or blindness benefit rolls. We are revising §§ 404.316(c)(2), We are combining the discussion of the Additionally, we are providing a rule 404.337(c)(2), 404.352(d)(2), rules in the first and third sentences of in §§ 404.328 and 416.1338(e) to address 404.1586(g)(2) and 416.1338(b) to the previous § 416.1331(a) into a single that if an individual is receiving post indicate that we will stop an sentence to indicate that the last month IEP transition services, we will individual’s benefits with the earliest of for which we can pay SSI benefits based determine that the transition services these months: on disability or blindness is the second will increase the likelihood that he or • The month in which the individual month after the month in which the she will not have to return to the completes the program; individual’s disability or blindness disability or blindness rolls if those • The month in which the individual ends. We explain that § 416.1338 services meet the requirements in stops participating in the program for provides an exception to this rule for §§ 404.328(a) and 416.1338(e)(1). any reason; or certain individuals who are As a result of our revisions regarding • The month in which we determine participating in an appropriate program how we will make a likelihood under § 404.328 or § 416.1338(e) that of vocational rehabilitation services, determination, we have eliminated the continued participation will no longer employment services, or other support examples previously provided in increase the likelihood that the services. We also are adding to §§ 404.316(c)(1)(iv) and 416.1338(a)(4) individual will not have to return to the § 416.1331(a) appropriate cross- regarding making a ‘‘likelihood’’ disability or blindness benefit rolls. references to the sections of the SSI decision because these examples do not We are revising the Exception in regulations that explain when disability directly illustrate the revised rules. §§ 404.316(c)(2), 404.337(c)(2), or blindness ends. In addition, we are Additionally, in our revisions to 404.352(d)(2), and 404.1586(g)(2) by removing from § 416.1331(a) the cross- §§ 404.316(c), 404.337(c), 404.352(d), inserting the phrase ‘‘provided that you reference to § 416.261 that discusses 404.902(s), 404.1586(g), 404.1596(c), meet all other requirements for special SSI benefits for working 404.1597(a), 416.1320(d), 416.1331(b), entitlement to and payment of benefits individuals who have a disabling 416.1338(a), and 416.1402(j), we have through such month’’ following the impairment or impairments. We removed the modifier ‘‘significantly’’ word ‘‘ends.’’ consider inclusion of this cross- from the phrase ‘‘significantly increase We are adding new §§ 404.327, reference in § 416.1331 to be the likelihood’’ in these provisions to 404.328 and 416.1338(c), (d) and (e) to inappropriate since § 416.1331 is make the regulations conform more our regulations. In the new concerned with the termination of SSI closely to the language of sections §§ 404.327(a) and 416.1338(c), we benefits in cases in which an 225(b)(2) and 1631(a)(6)(B) of the Act. explain what we mean by ‘‘an individual’s disability or blindness has appropriate program of vocational ended. Summary of Revisions to the rehabilitation services, employment We are revising § 416.1331(b) by Regulations on Continuation of Social services, or other support services.’’ In removing reference to ‘‘an appropriate Security Disability and SSI Disability or new §§ 404.327(b) and 416.1338(d), we vocational rehabilitation program’’ and Blindness Benefits explain when we will consider an inserting in its place ‘‘an appropriate We are revising §§ 404.316(c)(1), individual to be ‘‘participating’’ in the program of vocational rehabilitation 404.337(c)(1), 404.352(d)(1), program. services, employment services, or other 404.1586(g)(1), 404.1596(c)(4), We are adding new §§ 404.328 and support services.’’ In addition, we are 416.1320(d) and 416.1338(a) to indicate 416.1338(e) to explain when we will revising § 416.1331(b) by inserting the that an individual’s benefits may be find that an individual’s completion of term ‘‘or blind’’ following the term

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‘‘disabled’’ and inserting the term ‘‘or are participating in IEPs when their agencies—with a provider of services blindness’’ following the term disabilities medically improve, or when approved by us. Under these rules, we ‘‘disability.’’ they are determined not to meet the may approve as a provider of services a In addition to the other revisions to requirements for disability as adults, public, private or parochial school § 416.1338, previously discussed, we are noting that society would profit from having such a program. To make this revising the section heading to read: ‘‘If this investment in young people. Many clear, we are including provisions in you are participating in an appropriate commenters also supported our final §§ 404.327(a)(3) and 416.1338(c)(3) program of vocational rehabilitation proposal to extend eligibility for to explain that a provider of services services, employment services, or other continuation of disability benefits to that we may approve under these support services.’’ individuals participating in other sections may include, among others, a We are revising § 416.1402(j) by programs of vocational rehabilitation public, private or parochial school that removing ‘‘an appropriate vocational services, employment services, or other provides or coordinates vocational rehabilitation program’’ and inserting in support services. Additionally, many rehabilitation services, employment its place ‘‘an appropriate program of commenters supported our proposal to services, or other support services. vocational rehabilitation services, remove the modifier ‘‘significantly’’ Comment: Many commenters employment services, or other support from the phrase ‘‘significantly increase recommended applying the new services,’’ and by adding references to the likelihood’’ to make the regulations regulations retroactively to young adults ‘‘blindness’’ and ‘‘blind.’’ conform more closely to the language in who have already lost their SSI and the Act. Medicaid benefits as a result of age-18 Other Changes Comment: Most of the commenters redeterminations, and who have been We are also making technical changes supported our proposal to amend the participating in vocational rehabilitation to cross-references in § 416.987(b) to rules to extend benefits to young people programs. They noted that SSA has been reflect our current rules. The first and age 18 through 21 with disabilities who legally obligated to apply the provision third sentences of § 416.987(b) refer to are receiving services under an IEP for continuation of benefit payments in specific paragraphs in § 416.920, the developed under the IDEA. However, these cases since 1996, when Congress regulation that provides our rules for the many of the commenters recommended amended the law to require age-18 sequential evaluation process we use for extending this rule to all young people redeterminations. making initial determinations in adult age 18 through 21 with disabilities who Many commenters also recommended claims. In 2003, we added a new are attending public, private, or that we apply the new rules for persons paragraph (d) to § 416.920 and parochial schools who may not be in an IEP retroactively to young adults redesignated the remaining paragraphs receiving services under IDEA, noting who have already lost their SSI and of the section. Therefore, we must that the new regulation should protect Medicaid benefits, have an IEP, and are change our references in § 416.987(b) any young person who is losing his or not yet 22 years old. from § 416.920(f) to § 416.920(g). her SSI disability benefit at age 18 and Response: We have been applying the is enrolled in a school or an appropriate benefit continuation provision to Public Comments on the Notice of employment or vocational program. recipients of SSI benefits whose Proposed Rulemaking Response: While many young people disability was determined to have ended When we published the NPRM in the with disabilities are placed in private in an age-18 redetermination, but who Federal Register on August 1, 2003 (68 schools by public agencies and may be were participating in a vocational FR 45180), we provided interested receiving services under an IEP under rehabilitation program, under our parties 60 days to submit comments. We IDEA when their disability ends as a operating guides since 1997, shortly received comments from 201 result of a continuing disability review after the enactment of the Personal commenters, including national, State or an age-18 redetermination, other Responsibility and Work Opportunity and community-based agencies and young people with disabilities attending Reconciliation Act of 1996 (Public Law private organizations serving people public, private or parochial schools may 104–193) required these with disabilities, parents of not be participating in an IEP when redeterminations. From that time, we beneficiaries, and other individuals. We their disability ends. Our proposed rules have had operating instructions in place carefully considered the comments we and these final rules do not preclude that have interpreted section 1631(a)(6) received on the proposed rules in these individuals from being eligible of the Act to apply to SSI recipients publishing these final regulations. The under the general rules for continuation participating in appropriate vocational comments we received and our of disability benefits to individuals rehabilitation programs whose disability responses to the comments are set forth participating in other programs that ends as a result of an age-18 below. Although we condensed, qualify as an appropriate program of redetermination. These final rules summarized, or paraphrased the vocational rehabilitation services, incorporate into our regulations this comments, we believe that we have employment services, or other support interpretation of the Act. The final rules expressed the views accurately and have services and that we determine will do not represent a change from this responded to all of the significant issues increase the likelihood that the interpretation of the Act. raised. individual will not have to return to the We are not adopting the commenters’ In addition, several of the comments disability benefit rolls. The final rules in second recommendation. These final were about subjects that were outside §§ 404.327(a)(3) and 416.1338(c)(3) regulations establish new rules for the scope of this rulemaking. Except as define an appropriate program to individuals age 18 through 21 who are noted, we have not summarized and include, among others, a program of participating in an IEP when their responded to these comments below. vocational rehabilitation services, disabilities end as a result of a employment services, or other support continuing disability review or an age- Comments and Responses services that is carried out under an 18 redetermination. As is our usual In general, most of the commenters individualized written employment practice when we promulgate new supported our proposal to amend the plan similar to an individualized plan regulations, we apply the regulations to rules to extend benefits to young people for employment—which is the plan cases that are pending in our age 18 through 21 with disabilities who used by State vocational rehabilitation administrative review process,

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including cases that are on remand from services designed to provide the individuals who are participating in a Federal court. We do not reopen individual with the skills and training such a program into full alignment with previous determinations or decisions likely to keep him or her off the benefit the provision for suspending medical that have become final, and that were rolls. Therefore, we have added reviews for beneficiaries who are using correct under the policy then in use, to language that completion or a ticket under the Ticket to Work apply a new policy retroactively. continuation in an IEP will increase the program. Consistent with our usual practice when likelihood that you will not have to Response: This recommendation is we amend our regulations, we will return to the disability or blindness outside the scope of these rules and apply the new rules in determinations benefit rolls. If an individual is would require a statutory change. or decisions about continuation of receiving post IEP transition services, Section 221(i) of the Act requires that benefit payments that we make on or we will determine that the transition we conduct continuing disability after the effective date of these final services will increase the likelihood that reviews if a person has been determined regulations. he or she will not have to return to the to be under a disability. Section 1148(i) Comment: Many commenters disability or blindness rolls if those of the Act provides an exception to this recommended revising our proposed services meet the requirements in requirement. That section specifically rules to extend benefits to individuals §§ 404.328(a) and 416.1338(e)(1). provides that ‘‘During any period for who complete an IEP but then continue Comment: One commenter which an individual is using, as defined on to another type of program of recommended that we redefine what by the Commissioner, a ticket to work vocational rehabilitation services, would be considered ‘‘youth,’’ for and self-sufficiency issued under this employment services, or other support example to age 25, provided that the section, the Commissioner (and any services. They indicated that in some individual was involved in either a applicable State agency) may not initiate instances such individuals are eligible vocational rehabilitation program or a continuing disability review or other for services under an IEP and school (including post-secondary review under section 221 of whether the subsequently under a vocational education). The commenter noted that individual is or is not under a disability rehabilitation plan. They stated that this would allow for young people to or a review under title XVI similar to there is no neat line that can be drawn have the supports they need to get a any such review under section 221.’’ between participating in a transitional good start on having a career, making The Act does not similarly provide for program under an IEP and a them less likely to be dependent on suspending continuing disability continuation of that program under the disability benefits for the majority of reviews for a beneficiary participating in auspices of the State vocational their adulthoods. He noted that very few any other approved and appropriate rehabilitation program. They also noted people before the age of 25 have a firm program of schooling or employment that the State VR agency is often grasp on careers and people with preparation. required to coordinate with officials significant disabilities are often behind Comment: A number of commenters responsible for the public education of because of the barriers they face. For noted that our current operating students with disabilities in order ‘‘to example, people with significant instructions provide that ‘‘once the VR facilitate the transition of students with disabilities who are going to college may program participation stops for more disabilities from the receipt of need to spend an extra year at school if than 30 days, benefits will be ceased educational services in school to the they can’t handle as many courses per and cannot be resumed.’’ They note receipt of vocational rehabilitation semester. further that this procedure will not services under the responsibility of the Response: We did not use the term adequately address the reality of State vocational rehabilitation agency.’’ ‘‘youth’’ in our proposed rules, and we programs designed for children and They suggested that the rule should are not using the term in these final young adults with disabilities, because encourage transition from special rules. The final rules provide for the ‘‘the nature of many impairments may education to State vocational continuation of benefit payments to result in times when it is not possible rehabilitation programs when that students who are participating in an IEP for the young adult to participate in the transition is appropriate—particularly when their disability ends and who are IEP for a temporary period. There also for those cases where the special age 18 through age 21. We are providing may be gaps in activity available under education student is also a client of the benefit continuation for those students the IEP or a similar plan, for example, State vocational rehabilitation agency participating in an IEP through age 21, if a program is not in session during the prior to exiting special education. The since each State can receive a grant of summer months, but will resume again commenters recommended that we assistance from the Department of in the fall, or if there is a modest gap consider school and vocational Education under IDEA to serve students in time between one program and the rehabilitation as part of a larger whole with disabilities under IEP’s through age next program that the person is and that benefits should be continued 21. scheduled to participate in under an under this rule for special education The rules for continuation of benefits IEP.’’ students who transition from their high to individuals participating in an Response: We agree with the school special education program into a appropriate program of vocational commenters that our rules should rehabilitation program under the rehabilitation services, employment account for short interruptions in an auspices of the State vocational services, or other support services are individual’s participation. We have rehabilitation agency. not limited to individuals in a particular modified our definition of Response: We did not adopt this age group, other than the rules for ‘‘participating’’ in the final rules. We recommendation. Our rules do not individuals participating in an IEP. have added §§ 404.327(b)(3) and exclude a post-IEP transition plan from Comment: One commenter 416.1338(d)(3) to indicate that an qualifying as an appropriate program of recommended suspending continuing individual will be considered to be vocational rehabilitation service, disability reviews while an individual is participating in his or her program employment services, or other support participating in an approved and under § 404.327(b)(1) or (2) or services. However, an IEP by itself appropriate program of schooling or § 416.1338(d)(1) or (2) during comprises a unique and comprehensive employment preparation, to bring these interruptions in the program, provided plan of both education and employment rules for continued benefit payments for that such interruptions are temporary.

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We explain that for an interruption to be under this provision before we notify an policy to pending cases will benefit considered temporary, the individual individual of his or her benefit individuals turning 18 who, under the must resume taking part in the activities termination as a result of an age-18 previous rules, might be unable to and services outlined in his or her redetermination. The commenter qualify for continued benefit payments individual work plan, individualized suggested that this would ensure since they are often still in school and plan for employment, similar continuity of benefits and program do not have a vocational rehabilitation individualized written employment participation for these young people by plan. plan, or individualized education ensuring that a determination of their One commenter stated that in program, as the case may be, no more continued eligibility for SSI benefits furtherance of the rehabilitation goals than three months after the month the will be made before notifying them of a evidenced by the proposed regulations interruption occurred. termination of their benefits as a result and the Ticket to Work and Work Comment: One commenter requested of an age-18 redetermination. Incentives Improvement Act of 1999, we that we describe good cause criteria for Response: If we have information should apply the new rules on the a break in participation in education or indicating an individual’s potential continuation of benefit payment to all appropriate programs of vocational eligibility for continued benefit termination cases that are in the rehabilitation. The commenter noted payments, our operating procedures will adjudicative process. that the proposed rules stated that we not result in a gap in the payment of Response: The Act requires us to will stop benefits with the month the Social Security or SSI benefits to an perform a disability redetermination for individual stops participating in the individual eligible for continued benefit every individual who is eligible for SSI program for any reason and indicated payments. Benefits are not terminated for the month before the month in that this could cause individuals to lose until after we have determined that an which he or she attains age 18. We have benefit continuation protection because individual is not entitled to continued no authority to change this requirement of temporary exacerbations in their benefit payments because he or she is through our regulations. medical condition, personal not participating in an appropriate We will apply these new rules to all emergencies, etc. program of vocational rehabilitation continuing disability review and age-18 Response: As we explain in our services, employment services or other redetermination cases that are pending previous response to comments support services, or because completion in our administrative review process as regarding interruptions in participation, or continuation of this program will not of the effective date of these final rules we have modified our definition of increase the likelihood that the for any individuals who meet the ‘‘participating’’ to account for temporary individual may be permanently eligibility requirements under these interruptions in a person’s program, removed from the disability rolls. If we final rules. provided that the individual resumes find that the beneficiary is entitled to Comment: Other commenters noted taking part in the activities and services continued benefit payments and all their understanding that persons outlined in his or her plan or program, other eligibility requirements are met, receiving services from a variety of State as appropriate, no more than three benefit payments will continue without and Federal agencies might qualify months after the month the interruption a gap. under § 404.327, including but not occurred. Comment: One commenter limited to, a person with a Plan to Comment: A number of commenters recommended that we defer making a Achieve Self-Support (PASS), a person stated that our current operating continuing disability determination for receiving services from the Department procedures provide that, for cases an individual who is participating in a of Veterans Affairs, a person receiving involving potential eligibility for program through an employment services from a One Stop funded benefits under section 225(b) or network under the Ticket to Work through the Department of Labor, or a 1631(a)(6) of the Act, the State disability program or through a State vocational person receiving services to achieve determination services (DDS) will send rehabilitation agency until after we employment from a State developmental the case folder to SSA’s Office of make a determination regarding disabilities or mental health agency. Disability Operations (ODO) to continuing benefit payments because of They recommended that we clarify determine the issue of benefit such participation. § 404.327(a) to state that these services continuation after releasing the notice of Response: We did not adopt this are appropriate programs of vocational benefit termination to the claimant, and recommendation. Individuals are rehabilitation services, employment that ODO makes the determination eligible for continued benefit payments services, or other support services that before returning the case folder to the under section 225(b) and/or section are carried out under a similar Social Security office for any necessary 1631(a)(6) of the Act only if we have individualized, written employment action to continue benefits. They determined that they are no longer plan with another provider of services express their concern that this means medically disabled. It would impose an approved by us. that there will generally be a gap in SSI unnecessary administrative burden on Response: We have adopted this benefits (and Medicaid) for people who us to make a determination on the recommendation in part. The PASS could benefit from these rules, since the continuation of benefits before we provision is an employment support State DDS initiates the termination determine whether the individual is still that allows an SSI recipient who is notice before we determine whether medically under a disability. disabled or blind to set aside income or benefit continuation will apply. The Comment: Several commenters urged resources, or both, for a specified time commenters noted that unless this us to suspend age-18 redeterminations for use in achieving a work goal (see timing is changed for the young adult for SSI recipients who are participating §§ 416.1180 to 416.1182 and cases, it will defeat the purpose of in a special education program until §§ 416.1225 to 416.1227 of our existing sections 225(b) and 1631(a)(6) of the Act these final regulations are published. regulations), so that we do not count and undermine the effort to better They also recommended that we apply them as income and resources for SSI coordinate the SSI, Medicaid, and this new policy to all cases that are in purposes. Under the PASS provision, educational systems. the adjudicative ‘‘pipeline.’’ These we do not count a disabled or blind Another commenter recommended commenters indicated that halting recipient’s income that he or she uses or that we determine continuing eligibility terminations and applying the new sets aside to use to fulfill a PASS, or

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resources identified as necessary to to receive benefit payments even if the Response: We disagree with the fulfill a PASS, in determining the individual’s disability is determined to commenter. We added new recipient’s continuing eligibility for or have ended as the result of a continuing §§ 404.327(b) and 416.1338(d) to amount of SSI benefits. The PASS disability review or an age-18 explain how we will determine when an provision is available for an SSI redetermination. The commenter states individual is considered to be recipient who is currently disabled or that this incentive would be removed if participating in the program. As the blind, while the provision for continued the regulations are changed to include commenter noted, our operating benefits under section 1631(a)(6) of the individuals under an IEP, because not instructions have relied on the use of Act applies to a person who is no longer all IEPs include a feasible vocational State agency codes to determine disabled or blind. For this reason, a goal that will lead to employment as ‘‘active’’ participation. However, under PASS will not qualify as an appropriate defined in the Rehabilitation Act. He these final rules, we will consider the program of vocational rehabilitation noted that individuals have the individual to be participating in the services, employment services, or other opportunity to enroll in a VR plan at age program if the individual is taking part support services for the purpose of the 16, or earlier, providing students with in the activities and services outlined in benefit continuation provision. the ability to build a transition with a his or her individual work plan, We are modifying the provisions in VR service provider, to access individualized plan for employment, the final rules to indicate that agencies vocational evaluation or a situational similar individualized written of the Federal government and one-stop assessment in time to receive employment plan, or individualized delivery systems or specialized one-stop recommendations to pursue high school education program regardless of the centers under the Workforce Investment courses required for vocational training individual’s status or stage in the Act of 1998 are approved providers of or higher education. program. These final rules will be services. In §§ 404.327(a)(3) and Response: We do not agree that reflected in revised operating 416.1338(c)(3) of the final rules, we extending continued benefit payment instructions. provide that a program of vocational protection to individuals enrolled in an Comment: Several commenters rehabilitation services, employment IEP will remove an incentive for recommended that we consider a variety services, or other support services that individuals to enroll in a program of VR of ways and actions to publicize the is carried out under an individualized services, employment services, or other new rules regarding benefit written employment plan similar to an support services directed toward an continuation to ensure that the public, field offices, disability examiners, individualized plan for employment employment goal prior to age 18 or will will qualify as an appropriate program adjudicators, and other interested and prevent such individuals from receiving if it is carried out with an agency of the concerned parties are aware of the new necessary services to obtain the skills Federal government (e.g., the rules, especially as the rules apply to and education to achieve an Department of Veterans Affairs), a one- age-18 redeterminations and special employment goal. Rather, extending the stop delivery system or specialized one- issues for that age group. Commenters continued benefit payment protection to stop center described in section 134(c) suggested that we should aggressively individuals age 18 to 21 enrolled in an of the Workforce Investment Act of 1998 publicize and promote the benefit IEP, will provide such individuals with (29 U.S.C. 2864(c)), or another provider continuation rules through instructional additional choices in selecting a of services approved by us. We also materials such as administrative provider of services, and will encourage include in §§ 404.327(a)(3) and messages, operating procedures and 416.1338(c)(3) of the final rules students participating in an IEP to other instructional material to assure examples of service providers that we continue or complete the program, thus that beneficiaries subject to age-18 may approve under these sections. We assisting them in efforts to obtain the redeterminations and continuing explain that providers we may approve necessary skills and education needed disability reviews are aware of the include, but are not limited to— for employment and self-sufficiency. continued benefit protection provisions • A public or private organization Our rules do not exclude services because of participation in an with expertise in the delivery or received through a subsequent post-IEP appropriate program of vocational coordination of vocational rehabilitation transition plan from qualifying as an rehabilitation services, employment services, employment services, or other appropriate program of vocational services or other support services. support services; or rehabilitation service, employment Response: These recommendations • A public, private or parochial services, or other support services. concern our administrative actions school that provides or coordinates a Comment: One commenter stated that rather than regulatory action, and are program of vocational rehabilitation the proposed changes in the SSA therefore outside the scope of the rules. services, employment services, or other regulations that affect a VR consumer’s However, we will undertake a variety of support services carried out under an receipt of benefits are too stringent, steps to ensure effective implementation individualized program or plan. leave too much room for error, and of these final rules, including some of Comment: One commenter noted that could lead to discretionary purging of the actions and procedures suggested by he was opposed to extending these consumers from the benefit rolls. The the commenters to publicize these rules. benefit continuation rules to include commenter cited our existing operating Comment: A number of commenters individuals who are still in school with instructions and stated that we have a noted that, to maximize the benefit of an IEP if they are not actively enrolled narrow definition of a consumer’s active this benefit continuation provision in in a VR plan or the Ticket to Work participation and successful completion improving the long-term outcomes for program. He observed that the Social of a VR program. The commenter noted young people with disabilities, it is Security Act, by continuing benefits to that our operating instructions use the essential that the families of these certain individuals who recover term ‘‘actively involved’’ in a vocational individuals and the individuals medically while participating in a VR rehabilitation program and define active themselves receive notice of these program, provides an incentive for participation in a State vocational protections not only at the time of a individuals to enroll in a program of VR rehabilitation program as placement in redetermination at age 18, but much services prior to age 18. Under this one of four State vocational earlier. They note that, if we were to incentive, the individual may continue rehabilitation status codes. provide this information to the family at

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regular intervals—such as annually, Paperwork Reduction Act your impairment is no longer disabling beginning on the child’s 14th birthday— The Paperwork Reduction Act (PRA) if— this information could help families of 1995 says that no persons are (i) You are participating in an better understand how the SSI, required to respond to a collection of appropriate program of vocational Medicaid, and educational systems can information unless it displays a valid rehabilitation services, employment be coordinated to assist their child, even OMB control number. In accordance services, or other support services, as if the child might otherwise lose SSI at with the PRA, SSA is providing notice described in § 404.327(a) and (b); age 18. This could help to underscore that OMB has approved the information (ii) You began participating in the the importance of developing realistic collection requirements contained in program before the date your disability but ambitious IEPs and would be §§ 404.316(c), 404.327, 404.328, ended; and (iii) We have determined under consistent with the transition start-up 404.337(c), 404.352(d), 404.1586(g), § 404.328 that your completion of the age in IDEA. They recommend that the 404.1596, 404.1597(a), 416.1320(d), program, or your continuation in the final regulation be modified to provide 416.1331(a) and (b), and 416.1338 of program for a specified period of time, that we will provide regular and these final rules. The OMB Control will increase the likelihood that you periodic notice of these protections to Number for this collection is 0960– will not have to return to the disability parents of children receiving SSI and to 0282, expiring March 31, 2006. the children themselves on an annual benefit rolls. basis beginning at age 14 (or later if the (Catalog of Federal Domestic Assistance (2) We generally will stop your Program Nos. 96.001, Social Security- child first becomes eligible for SSI after benefits with the earliest of these Disability Insurance; 96.002, Social Security- months— that date). Retirement Insurance; 96.004, Social (i) The month in which you complete Response: We did not adopt this Security-Survivors Insurance; 96.006, Supplemental Security Income) the program; or recommendation. It would not be (ii) The month in which you stop feasible for us to send out individual List of Subjects participating in the program for any notices to all beneficiaries on the reason (see § 404.327(b) for what we disability benefit rolls to advise of the 20 CFR Part 404 mean by ‘‘participating’’ in the possibility of benefit continuation Administrative practice and program); or following a possible future procedure, Blind, Disability benefits, (iii) The month in which we determination of medical improvement Old-age, Survivors and Disability determine under § 404.328 that your or a determination that they do not meet Insurance, Reporting and recordkeeping continuing participation in the program the adult definition of disability at age requirements, Social Security, will no longer increase the likelihood 18. However, as we note in our response Vocational rehabilitation. that you will not have to return to the to the previous comment, we will disability benefit rolls. undertake a number of actions to 20 CFR Part 416 Exception to paragraph (c): In no case publicize these rules. Administrative practice and will we stop your benefits with a month Regulatory Procedures procedure, Aged, Blind, Disability earlier than the second month after the benefits, Public assistance programs, month your disability ends, provided Executive Order 12866 Reporting and recordkeeping that you meet all other requirements for requirements, Supplemental Security entitlement to and payment of benefits We have consulted with the Office of Income (SSI), Vocational rehabilitation. through such month. Management and Budget (OMB) and * * * * * determined that these final rules meet Jo Anne B. Barnhart, I the criteria for a significant regulatory Commissioner of Social Security. 3. A new undesignated centered heading and new §§ 404.327 and 404.328 action under Executive Order 12866, as I For the reasons set out in the preamble, amended by Executive Order 13258. are added following § 404.325 to read as we are amending parts 404 and 416 of follows: Thus, they were subject to OMB review. chapter III of title 20 of the Code of Regulatory Flexibility Act Federal Regulations as set forth below: Rules Relating to Continuation of Benefits After Your Impairment Is No We certify that these final rules will PART 404—FEDERAL OLD-AGE, Longer Disabling not have a significant economic impact SURVIVORS AND DISABILITY INSURANCE (1950– ) § 404.327 When you are participating in an on a substantial number of small entities appropriate program of vocational because they would primarily affect Subpart D—[Amended] rehabilitation services, employment only individuals. Therefore, a regulatory services, or other support services. flexibility analysis as provided in the I 1. The authority citation for subpart D (a) What is an appropriate program of Regulatory Flexibility Act, as amended, of part 404 continues to read as follows: vocational rehabilitation services, is not required. Authority: Secs. 202, 203(a) and (b), 205(a), employment services, or other support Federalism 216, 223, 225, 228(a)–(e), and 702(a)(5) of the services? An appropriate program of Social Security Act (42 U.S.C. 402, 403(a) vocational rehabilitation services, We have reviewed these final rules and (b), 405(a), 416, 423, 425, 428(a)–(e), and employment services, or other support under the threshold criteria of Executive 902(a)(5)). services means— Order 13132, ‘‘Federalism,’’ and I 2. Section 404.316 is amended by (1) A program that is carried out determined that they will not have revising paragraph (c) to read as follows: under an individual work plan with an substantial direct effects on the States, employment network under the Ticket on the relationship between the national § 404.316 When entitlement to disability to Work and Self-Sufficiency Program government and the States, or the benefits begins and ends. under part 411 of this chapter; distribution of power and * * * * * (2) A program that is carried out responsibilities among the various (c)(1) Your benefits, and those of your under an individualized plan for levels of government. dependents, may be continued after employment with—

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(i) A State vocational rehabilitation activities and services outlined in your (i) You are participating in an agency (i.e., a State agency program or plan. appropriate program of vocational administering or supervising the (3) You are participating in your rehabilitation services, employment administration of a State plan approved program under paragraph (b)(1) or (2) of services, or other support services, as under title I of the Rehabilitation Act of this section during temporary described in § 404.327(a) and (b); 1973, as amended (29 U.S.C. 720–751) interruptions in your program. For an (ii) You began participating in the under 34 CFR part 361; or interruption to be considered program before the date your disability (ii) An organization administering a temporary, you must resume taking part ended; and Vocational Rehabilitation Services in the activities and services outlined in (iii) We have determined under Project for American Indians with your plan or program, as appropriate, no § 404.328 that your completion of the Disabilities authorized under section more than three months after the month program, or your continuation in the 121 of part C of title I of the the interruption occurred. program for a specified period of time, Rehabilitation Act of 1973, as amended will increase the likelihood that you (29 U.S.C. 741); § 404.328 When your completion of the will not have to return to the disability (3) A program of vocational program, or your continuation in the program for a specified period of time, will benefit rolls. rehabilitation services, employment increase the likelihood that you will not (2) We generally will stop your services, or other support services that have to return to the disability benefit rolls. benefits with the earliest of these is carried out under a similar, months— individualized written employment (a) We will determine that your completion of the program, or your (i) The month in which you complete plan with— the program; or (i) An agency of the Federal continuation in the program for a specified period of time, will increase (ii) The month in which you stop Government (for example, the participating in the program for any Department of Veterans Affairs); the likelihood that you will not have to return to the disability benefit rolls if reason (see § 404.327(b) for what we (ii) A one-stop delivery system or mean by ‘‘participating’’ in the specialized one-stop center described in your completion of or your continuation in the program will provide you with— program); or section 134(c) of the Workforce (iii) The month in which we Investment Act of 1998 (29 U.S.C. (1) Work experience (see § 404.1565) so that you would more likely be able determine under § 404.328 that your 2864(c)); or continuing participation in the program (iii) Another provider of services to do past relevant work (see will no longer increase the likelihood approved by us; providers we may § 404.1560(b)), despite a possible future that you will not have to return to the approve include, but are not limited reduction in your residual functional disability benefit rolls. to— capacity (see § 404.1545); or Exception to paragraph (c): In no case (A) A public or private organization (2) Education (see § 404.1564) and/or will we stop your benefits with a month with expertise in the delivery or skilled or semi-skilled work experience earlier than the second month after the coordination of vocational rehabilitation (see § 404.1568) so that you would more month your disability ends, provided services, employment services, or other likely be able to adjust to other work that you meet all other requirements for support services; or that exists in the national economy (see (B) A public, private or parochial § 404.1560(c)), despite a possible future entitlement to and payment of benefits school that provides or coordinates a reduction in your residual functional through such month. program of vocational rehabilitation capacity (see § 404.1545). * * * * * services, employment services, or other (b) If you are a student age 18 through I 5. Section 404.352 is amended by support services carried out under an age 21 participating in an revising paragraph (d) to read as follows: individualized program or plan; individualized education program (4) An individualized education described in § 404.327(a)(4), we will § 404.352 When does my entitlement to program developed under policies and find that your completion of or child’s benefits begin and end? procedures approved by the Secretary of continuation in the program will * * * * * Education for assistance to States for the increase the likelihood that you will not (d)(1) Your benefits may be continued education of individuals with have to return to the disability benefit after your impairment is no longer disabilities under the Individuals with rolls. disabling if— Disabilities Education Act, as amended (c) If you are receiving transition (i) You are participating in an (20 U.S.C. 1400 et seq.); you must be age services after having completed an appropriate program of vocational 18 through age 21 for this provision to individualized education program as rehabilitation services, employment apply. described in paragraph (b) of this services, or other support services, as (b) When are you participating in the section, we will determine that the described in § 404.327(a) and (b); program? (1) You are participating in a transition services will increase the (ii) You began participating in the program described in paragraph (a)(1), likelihood that you will not have to program before the date your disability (a)(2), or (a)(3) of this section when you return to the disability benefit rolls if ended; and are taking part in the activities and they meet the requirements in (iii) We have determined under services outlined in your individual § 404.328(a). § 404.328 that your completion of the work plan, your individualized plan for I 4. Section 404.337 is amended by program, or your continuation in the employment, or your similar revising paragraph (c) to read as follows: program for a specified period of time, individualized written employment will increase the likelihood that you plan, as appropriate. § 404.337 When does my entitlement to will not have to return to the disability (2) If you are a student age 18 through widow’s and widower’s benefits start and benefit rolls. 21 receiving services under an end? (2) We generally will stop your individualized education program * * * * * benefits with the earliest of these described in paragraph (a)(4) of this (c)(1) Your benefits may be continued months— section, you are participating in your after your impairment is no longer (i) The month in which you complete program when you are taking part in the disabling if— the program; or

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(ii) The month in which you stop services, employment services, or other program, or your continuation in the participating in the program for any support services. (1) Your benefits, and program for a specified period of time, reason (see § 404.327(b) for what we those of your dependents, may be will increase the likelihood that you mean by ‘‘participating’’ in the continued after your impairment is no will not have to return to the disability program); or longer disabling if— benefit rolls. (iii) The month in which we (i) You are participating in an I 11. Section 404.1597 is amended by determine under § 404.328 that your appropriate program of vocational revising paragraph (a) to read as follows: continuing participation in the program rehabilitation services, employment will no longer increase the likelihood services, or other support services, as § 404.1597 After we make a determination that you will not have to return to the described in § 404.327(a) and (b); that you are not now disabled. disability benefit rolls. (ii) You began participating in the (a) General. If we determine that you Exception to paragraph (d): In no case program before the date your disability do not meet the disability requirements will we stop your benefits with a month ended; and of the law, your benefits generally will earlier than the second month after the (iii) We have determined under stop. We will send you a formal written month your disability ends, provided § 404.328 that your completion of the notice telling you why we believe you that you meet all other requirements for program, or your continuation in the are not disabled and when your benefits entitlement to and payment of benefits program for a specified period of time, should stop. If your spouse and children through such month. will increase the likelihood that you are receiving benefits on your social * * * * * will not have to return to the disability security number, we will also stop their benefit rolls. benefits and tell them why. The notices Subpart J—[Amended] (2) We generally will stop your will explain your right to benefits with the earliest of these reconsideration if you disagree with our I 6. The authority citation for subpart J months— determination. However, your benefits of part 404 continues to read as follows: (i) The month in which you complete may continue even though your Authority: Secs. 201(j), 204(f), 205(a), (b), the program; or impairment is no longer disabling, if (d)–(h), and (j), 221, 225, and 702(a)(5) of the (ii) The month in which you stop you are participating in an appropriate Social Security Act (42 U.S.C. 401(j), 404(f), participating in the program for any program of vocational rehabilitation 405(a), (b), (d)–(h), and (j), 421, 425, and reason (see § 404.327(b) for what we services, employment services, or other 902(a)(5)); sec. 5, Pub. L. 97–455, 96 Stat. mean by ‘‘participating’’ in the support services (see § 404.327). You 2500 (42 U.S.C. 405 note); secs. 5, 6(c)–(e), program); or must have started participating in the and 15, Pub. L. 98–460, 98 Stat. 1802 (42 U.S.C. 421 note). (iii) The month in which we program before the date your disability determine under § 404.328 that your ended. In addition, we must have I 7. Section 404.902 is amended by continuing participation in the program determined that your completion of the revising paragraph (s) to read as follows: will no longer increase the likelihood program, or your continuation in the that you will not have to return to the program for a specified period of time, § 404.902 Administrative actions that are disability benefit rolls. initial determinations. will increase the likelihood that you Exception to paragraph (d): In no case will not have to return to the disability * * * * * will we stop your benefits with a month benefit rolls. (See §§ 404.316(c), (s) Whether your completion of, or earlier than the second month after the 404.328, 404.337(c), 404.352(d), and continuation for a specified period of month your disability ends, provided 404.1586(g).) You may still appeal our time in, an appropriate program of that you meet all other requirements for determination that you are not disabled vocational rehabilitation services, entitlement to and payment of benefits even though your benefits are employment services, or other support through such month. continuing because of your participation services will increase the likelihood that in an appropriate program of vocational I 10. In § 404.1596, the heading and you will not have to return to the rehabilitation services, employment introductory text of paragraph (c) are disability benefit rolls, and thus, services, or other support services. You republished, and paragraph (c)(4) is whether your benefits may be continued may also appeal a determination that revised to read as follows: even though you are not disabled; your completion of the program, or your * * * * * § 404.1596 Circumstances under which we continuation in the program for a may suspend your benefits before we make specified period of time, will not Subpart P—[Amended] a determination. increase the likelihood that you will not I 8. The authority citation for subpart P * * * * * have to return to the disability benefit of part 404 continues to read as follows: (c) When we will not suspend your rolls and, therefore, you are not entitled cash benefits. We will not suspend your to continue to receive benefits. Authority: Secs. 202, 205(a), (b), and (d)– (h), 216(i), 221(a) and (i), 222(c), 223, 225, cash benefits if— * * * * * and 702(a)(5) of the Social Security Act (42 * * * * * U.S.C. 402, 405(a), (b), and (d)–(h), 416(i), (4) Even though your impairment is PART 416—SUPPLEMENTAL 421(a) and (i), 422(c), 423, 425, and no longer disabling, SECURITY INCOME FOR THE AGED, 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 (i) You are participating in an BLIND, AND DISABLED Stat. 2105, 2189. appropriate program of vocational Subpart I—[Amended] I 9. Section 404.1586 is amended by rehabilitation services, employment revising paragraph (g) to read as follows: services, or other support services, as I 12. The authority citation for subpart described in § 404.327(a) and (b); I of part 416 continues to read as follows: § 404.1586 Why and when we will stop (ii) You began participating in the your cash benefits. Authority: Secs. 702(a)(5), 1611, 1614, program before the date your disability 1619, 1631(a), (c), and (d)(1), and 1633 of the * * * * * ended; and Social Security Act (42 U.S.C. 902(a)(5), (g) If you are in an appropriate (iii) We have determined under 1382, 1382c, 1382h, 1383(a), (c), and (d)(1), program of vocational rehabilitation § 404.328 that your completion of the and 1383b); secs. 4(c) and 5, 6(c)–(e), 14(a),

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and 15, Pub. L. 98–460, 98 Stat. 1794, 1801, disability or blindness ends. (See (2) You began participating in the 1802, and 1808 (42 U.S.C. 421 note, 423 note, §§ 416.987(e), 416.994(b)(6) and program before the date your disability 1382h note). 416.994a(g) for when disability ends, or blindness ended; and I 13. Section 416.987 is amended by and § 416.986 for when blindness ends.) (3) We have determined under revising the first and third sentences of See § 416.1338 for an exception to this paragraph (e) of this section that your paragraph (b) to read as follows: rule if you are participating in an completion of the program, or your appropriate program of vocational continuation in the program for a § 416.987 Disability redeterminations for rehabilitation services, employment specified period of time, will increase individuals who attain age 18. services, or other support services. You the likelihood that you will not have to * * * * * must meet the income, resources, and return to the disability or blindness (b) What are the rules for age-18 other eligibility requirements to receive benefit rolls. redeterminations? When we any of the benefits referred to in this (b) When will we stop your benefits? redetermine your eligibility, we will use paragraph. We will also stop payment of We generally will stop your benefits the rules for adults (individuals age 18 your benefits if you have not cooperated with the earliest of these months— or older) who file new applications with us in getting information about (1) The month in which you complete explained in §§ 416.920(c) through (g). your disability or blindness. the program; or * * * If you are working and we find (b) After we make a determination (2) The month in which you stop that you are disabled under § 416.920(d) that you are not now disabled or blind. participating in the program for any or (g), we will apply the rules in If we determine that you do not meet reason (see paragraph (d) of this section §§ 416.260ff. the disability or blindness requirements for what we mean by ‘‘participating’’ in * * * * * of the law, we will send you an advance the program); or written notice telling you why we (3) The month in which we determine Subpart M—[Amended] believe you are not disabled or blind under paragraph (e) of this section that and when your benefits should stop. your continuing participation in the I 14. The authority citation for subpart The notice will explain your right to program will no longer increase the M of part 416 is revised to read as appeal if you disagree with our likelihood that you will not have to follows: determination. You may still appeal our return to the disability or blindness Authority: Secs. 702(a)(5), 1129A, 1611– determination that you are not now benefit rolls. Exception to paragraph (b): In no case 1614, 1619, and 1631 of the Social Security disabled or blind even though your will we stop your benefits with a month Act (42 U.S.C. 902(a)(5), 1320a–8a, 1382– payments are continuing because of earlier than the second month after the 1382c, 1382h, and 1383). your participation in an appropriate month your disability or blindness ends, I program of vocational rehabilitation 15. Section 416.1320 is amended by provided that you are otherwise eligible services, employment services, or other revising paragraph (d) to read as follows: for benefits through such month. support services. You may also appeal § 416.1320 Suspensions; general. (c) What is an appropriate program of a determination that your completion of, vocational rehabilitation services, * * * * * or continuation for a specified period of employment services, or other support (d) Exception. Even though conditions time in, an appropriate program of services? An appropriate program of described in paragraph (a) of this vocational rehabilitation services, vocational rehabilitation services, section apply because your impairment employment services, or other support employment services, or other support is no longer disabling or you are no services will not increase the likelihood services means— longer blind under § 416.986(a)(1), (a)(2) that you will not have to return to the (1) A program that is carried out or (b), we will not suspend your benefits disability or blindness benefit rolls and, under an individual work plan with an for this reason if— therefore, you are not eligible to employment network under the Ticket (1) You are participating in an continue to receive benefits. to Work and Self-Sufficiency Program appropriate program of vocational * * * * * under part 411 of this chapter; rehabilitation services, employment I 17. Section 416.1338 is revised to read (2) A program that is carried out services, or other support services, as as follows: under an individualized plan for described in § 416.1338(c) and (d); employment with— (2) You began participating in the § 416.1338 If you are participating in an (i) A State vocational rehabilitation program before the date your disability appropriate program of vocational agency (i.e., a State agency or blindness ended; and rehabilitation services, employment administering or supervising the services, or other support services. (3) We have determined under administration of a State plan approved § 416.1338(e) that your completion of (a) When may your benefits based on under title I of the Rehabilitation Act of the program, or your continuation in the disability or blindness be continued? 1973, as amended (29 U.S.C. 720–751)) program for a specified period of time, Your benefits based on disability or under 34 CFR part 361; or will increase the likelihood that you blindness may be continued after your (ii) An organization administering a will not have to return to the disability impairment is no longer disabling, you Vocational Rehabilitation Services or blindness benefit rolls. are no longer blind as determined under Project for American Indians with I 16. Section 416.1331 is amended by § 416.986(a)(1), (a)(2) or (b), or your Disabilities authorized under section revising paragraphs (a) and (b) to read as disability has ended as determined 121 of part C of title I of the follows: under § 416.987(b) and (e)(1) in an age- Rehabilitation Act of 1973, as amended 18 redetermination, if— (29 U.S.C. 741); § 416.1331 Termination of your disability (1) You are participating in an (3) A program of vocational or blindness payments. appropriate program of vocational rehabilitation services, employment (a) General. The last month for which rehabilitation services, employment services, or other support services that we can pay you benefits based on services, or other support services, as is carried out under a similar, disability or blindness is the second described in paragraphs (c) and (d) of individualized written employment month after the month in which your this section; plan with—

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(i) An agency of the Federal continuation in the program for a DEPARTMENT OF HOMELAND government (for example, the specified period of time, will increase SECURITY Department of Veterans Affairs); the likelihood that you will not have to (ii) A one-stop delivery system or return to the disability or blindness Coast Guard specialized one-stop center described in benefit rolls if your completion of or section 134(c) of the Workforce your continuation in the program will 33 CFR Part 165 Investment Act of 1998 (29 U.S.C. provide you with— [COTP Jacksonville 05–076] 2864(c)); or (i) Work experience (see § 416.965) so (iii) Another provider of services that you would more likely be able to RIN 1625–AA00 approved by us; providers we may do past relevant work (see § 416.960(b)), approve include, but are not limited despite a possible future reduction in Safety Zone; Indian River, New to— your residual functional capacity (see Smyrna, FL (A) A public or private organizations § 416.945); or AGENCY: Coast Guard, DHS. with expertise in the delivery or (ii) Education (see § 416.964) and/or ACTION: Temporary final rule. coordination of vocational rehabilitation skilled or semi-skilled work experience services, employment services, or other (see § 416.968) so that you would more SUMMARY: The Coast Guard is support services; or likely be able to adjust to other work establishing a temporary safety zone (B) A public, private or parochial that exists in the national economy (see around a fireworks barge as it launches school that provides or coordinates a § 416.960(c)), despite a possible future fireworks in New Smyrna, Florida. The program of vocational rehabilitation reduction in your residual functional rule prohibits entry into the safety zone services, employment services, or other capacity (see § 416.945). without the permission of the Captain of support services carried out under an (2) If you are a student age 18 through the Port Jacksonville or his designated individualized program or plan; age 21 participating in an representative. The rule is needed to (4) An individualized education individualized education program protect participants, vendors, and program developed under policies and described in paragraph (c)(4) of this spectators from the hazards associated procedures approved by the Secretary of section, we will find that your with the launching of fireworks. Education for assistance to States for the completion of or continuation in the DATES: This rule is effective from 9 p.m. education of individuals with program will increase the likelihood on June 25, 2005, until 10 p.m. on June disabilities under the Individuals with that you will not have to return to the 25, 2005. Disabilities Education Act, as amended disability or blindness benefit rolls. (20 U.S.C. 1400 et seq.); you must be age (3) If you are receiving transition ADDRESSES: Documents mentioned in 18 through age 21 for this provision to services after having completed an this preamble as being available in the apply. individualized education program as docket are part of docket (COTP (d) When are you participating in the described in paragraph (e)(2) of this Jacksonville 05–076) and are available program? (1) You are participating in a section, we will determine that the for inspection and copying at Coast program described in paragraph (c)(1), transition services will increase the Guard Marine Safety Office Jacksonville, (c)(2) or (c)(3) of this section when you likelihood that you will not have to 7820 Arlington Expressway, Suite 400, are taking part in the activities and return to the disability benefit rolls if Jacksonville, Florida, 32211, between 8 services outlined in your individual they meet the requirements in paragraph a.m. and 4 p.m., Monday through work plan, your individualized plan for (e)(1) of this section. Friday, except Federal holidays. employment, or your similar FOR FURTHER INFORMATION CONTACT: individualized written employment Subpart N—[Amended] Lieutenant Jamie Bigbie at Coast Guard Marine Safety Office Jacksonville, FL, plan, as appropriate. I 18. The authority citation for subpart (2) If you are a student age 18 through tel: (904) 232–2640, ext. 105. N of part 416 continues to read as 21 receiving services under an SUPPLEMENTARY INFORMATION follows: : individualized education program described in paragraph (c)(4) of this Authority: Secs. 702(a)(5), 1631, and 1633 Regulatory Information section, you are participating in your of the Social Security Act (42 U.S.C. We did not publish a notice of 902(a)(5), 1383, and 1383b). program when you are taking part in the proposed rulemaking (NPRM) for this activities and services outlined in your I 19. Section 416.1402 is amended by regulation. Under 5 U.S.C. 553 (b)(B), program or plan. revising paragraph (j) to read as follows: the Coast Guard finds that good cause (3) You are participating in your exists for not publishing a NRPM. program under paragraph (d)(1) or (2) of § 416.1402 Administrative actions that are Publishing a NPRM, which would initial determinations. this section during temporary incorporate a comment period before a interruptions in your program. For an * * * * * final rule could be issued and delay the interruption to be considered (j) Whether your completion of, or rule’s effective date, is contrary to temporary, you must resume taking part continuation for a specified period of public interest because immediate in the activities and services outlined in time in, an appropriate program of action is necessary to protect the public your plan or program, as appropriate, no vocational rehabilitation services, and waters of the United States. more than three months after the month employment services, or other support For the same reasons, under 5 U.S.C. the interruption occurred. services will increase the likelihood that 553(d)(3), the Coast Guard finds that (e) How will we determine whether or you will not have to return to the good cause exists for making this rule not your completion of the program, or disability or blindness benefit rolls, and effective less than 30 days after your continuation in the program for a thus, whether your benefits may be publication in the Federal Register. The specified period of time, will increase continued even though you are not Coast Guard will issue a broadcast the likelihood that you will not have to disabled or blind; notice to mariners and will place Coast return to the disability or blindness * * * * * Guard vessels in the vicinity of this benefit rolls? (1) We will determine that [FR Doc. 05–12432 Filed 6–23–05; 8:45 am] zone to advise mariners of the your completion of the program, or your BILLING CODE 4191–02–P restriction.

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Background and Purpose please contact the person listed under Children from Environmental Health This rule is needed to protect FOR FURTHER INFORMATION CONTACT for Risks and Safety Risks. This rule is not spectator craft in the vicinity of the assistance in understanding this rule. an economically significant rule and fireworks presentation from the hazards Small businesses may send comments does not create an environmental risk to associated with the storage, preparation on the actions of Federal employees health or risk to safety that may and launching of fireworks. Anchoring, who enforce, or otherwise determine disproportionately affect children. compliance with, Federal regulations to mooring, or transiting within this zone Indian Tribal Governments is prohibited, unless authorized by the the Small Business and Agriculture Captain of the Port, Jacksonville, FL or Regulatory Enforcement Ombudsman This rule does not have tribal his designated representative. The and the Regional Small Business implications under Executive Order temporary safety zone encompasses all Regulatory Fairness Boards. The 13175, Consultation and Coordination waters within 500 yards in any direction Ombudsman evaluates these actions with Indian Tribal Governments, around the fireworks barge during the annually and rates each agency’s because it does not have a substantial storage, preparation and launching of responsiveness to small business. If you direct effect on one or more Indian fireworks. During the fireworks show, wish to comment on actions by tribes, on the relationship between the the barge will be located at approximate employees of the Coast Guard, call 1– Federal Government and Indian tribes, position 29°03′00″ N, 080°55′00″ W. 888-REG-FAIR (1–888–734–3247). or on the distribution of power and responsibilities between the Federal Regulatory Evaluation Collection of Information Government and Indian tribes. This rule calls for no new collection This regulation is not a ‘‘significant Energy Effects regulatory action’’ under section 3(f) of of information under the Paperwork Executive Order 12866, Regulatory Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Planning and Review, and does not 3520). Executive Order 13211, Actions Concerning Regulations That require an assessment of potential costs Federalism and benefits under section 6(a)(3) of that Significantly Affect Energy Supply, Order. The Office of Management and A rule has implications for federalism Distribution, or Use. We have Budget has not reviewed it under the under Executive Order 13132, determined that it is not a ‘‘significant order. It is not ‘‘significant’’ under the Federalism, if it has a substantial direct energy action’’ under that order because regulatory policies and procedures of effect on State or local governments and it is not a ‘‘significant regulatory action’’ the Department of Homeland Security would either preempt State law or under Executive Order 12866 and is not (DHS) because these regulations will impose a substantial direct cost of likely to have significant adverse effect only be in effect for a short period of compliance on them. We have analyzed on the supply, distribution, or use of time and the impact on routine this rule under that Order and have energy. The Administrator of the Office navigation is expected to be minimal. determined that it does not have of Information and Regulatory Affairs implications for federalism. has not designated it as a significant Small Entities energy action. Therefore, it does not Under the Regulatory Flexibility Act Unfunded Mandates Reform Act require a Statement of Energy Effects (5 U.S.C. 601–612), we considered The Unfunded Mandates Reform Act under Executive Order 13211. whether this rule would have a of 1995 (2 U.S.C. 1531—1538) requires Technical Standards significant economic impact on a Federal agencies to assess the effects of substantial number of small entities. their discretionary regulatory actions. In The National Technology Transfer The term ‘‘small entities’’ comprises particular, the Act addresses actions and Advancement Act (NTTAA) (15 small businesses, not-for-profit that my result in the expenditure by U.S.C. 272 note) directs agencies to use organizations that are independently State, local, or tribal government, in the voluntary consensus standards in their owned and operated and are not aggregate, or by the private sector of regulatory activities unless the agency dominate in their field, and $100,000,000 or more in any one year. provides Congress, through the Office of governmental jurisdictions with Although this rule will not result in Management and Budget, with an populations of less than 50,000. such an expenditure, we do discuss the explanation of why using these The Coast Guard certifies under 5 effects of this rule elsewhere in this standards would be inconsistent with U.S.C. 605 (b) that this rule will not preamble. applicable law or otherwise impractical. have a significant economic impact Voluntary consensus standards are upon a substantial number of small Taking of Private Property technical standards (e.g., specifications entities because the regulations will This rule will not affect a taking of of materials, performance, design, or only be in effect for a short period of private property or otherwise have operation; test methods; sampling time and the impact on routine taking implications under Executive procedures; and related management navigation is expected to be minimal. Order 12630, Governmental Actions and systems practices) that are developed or Assistance for Small Entities Interference with Constitutionally adopted by voluntary consensus Protected Property Rights. standards bodies. Under section 213(a) of the Small This rule does not use technical Business Regulatory Enforcement Civil Justice Reform standards. Therefore, we did not Fairness Act of 1996 (Public Law 104– This rule meets applicable standards consider the use of voluntary consensus 121), we offer to assist small entities in in sections 3(a) and 3(b)(2) of Executive standards. understanding the rule so that they can Order 12988, Civil Justice Reform, to better evaluate its effects on them and minimize litigation, eliminate Environment participate in the rulemaking process. If ambiguity, and reduce burden. We have analyzed this rule under the rule will affect your small business, Commandant Instruction M16475.lD, organization, or government jurisdiction Protection of Children which guides the Coast Guard in and you have questions concerning its We have analyzed this rule under complying with the National provisions or options for compliance, Executive Order 13045, Protection of Environmental Policy Act of 1969

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(NEPA)(42 U.S.C. 4321–4370f), and Dated: June 14, 2005. B. Agency Web site: http:// have concluded that there are no factors David L. Lersch, www.docket.epa.gov/rmepub/index.jsp in this case that would limit the use of Captain, U.S. Coast Guard, Captain of the RME, EPA’s electronic public docket a categorical exclusion under section Port Jacksonville. and comment system, is EPA’s preferred 2.B.2 of the Instruction. Therefore, this [FR Doc. 05–12540 Filed 6–23–05; 8:45 am] method for receiving comments. Follow rule is categorically excluded, under BILLING CODE 4910–15–P the on-line instructions for submitting figure 2–1, paragraph (34)(g), of the comments. Instruction, from further environmental C. E-mail: [email protected]. documentation. A final ‘‘Environmental ENVIRONMENTAL PROTECTION D. Mail: R03–OAR–2005–PA–0014, Analysis Check List’’ and a final AGENCY David Campbell Chief, Air Quality ‘‘Categorical Exclusion Determination’’ Planning Branch, Mailcode 3AP21, U.S. are available in the docket where 40 CFR Part 52 Environmental Protection Agency, Region III, 1650 Arch Street, indicated under ADDRESSES. [R03–OAR–2005–PA–0014; FRL–7927–5] Philadelphia, Pennsylvania 19103. List of Subjects in 33 CFR Part 165 Approval and Promulgation of Air E. Hand Delivery: At the previously- Harbors, Marine safety, Navigation Quality Implementation Plans; listed EPA Region III address. Such (water), Reporting and recordkeeping Commonwealth of Pennsylvania; deliveries are only accepted during the requirements, Security measures, Control of VOC Emissions From Docket’s normal hours of operation, and Waterways. Aerospace, Mobile Equipment, and special arrangements should be made I Wood Furniture Surface Coating for deliveries of boxed information. For the reasons discussed in the Instructions: Direct your comments to Applications for Allegheny County preamble, the Coast Guard amends 33 RME ID No. R03–OAR–2005–PA–0014. CFR part 165, as follows: AGENCY: Environmental Protection EPA’s policy is that all comments PART 165 — REGULATED Agency (EPA). received will be included in the public NAVIGATION AREAS AND LIMITED ACTION: Direct final rule. docket without change, and may be ACCESS AREAS made available online at http:// SUMMARY: EPA is taking direct final www.docket.epa.gov/rmepub/, I 1. The authority citation for part 165 action to approve a revision to the including any personal information continues to read as follows: Allegheny County portion of the provided, unless the comment includes Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Commonwealth of Pennsylvania State information claimed to be Confidential Chapter 701; 50 U.S.C. 191, 195; 33 CFR Implementation Plan (SIP). This Business Information (CBI) or other 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. revision, submitted by the Pennsylvania information whose disclosure is 107–295, 116 Stat. 2064; Department of Department of Environmental Protection restricted by statute. Do not submit Homeland Security Delegation No. 0170.1. (PADEP) on behalf of the Allegheny information that you consider to be CBI I 2. A new temporary § 165.T07–076 is County Health Department (ACHD), or otherwise protected through RME, added to read as follows: establishes standards and requirements regulations.gov or e-mail. The EPA RME to control volatile organic compounds and the Federal regulations.gov Web § 165.T07–076 Safety Zone, Indian River, sites are an ‘‘anonymous access’’ FL. (VOCs) emissions from aerospace, mobile equipment, and wood furniture system, which means EPA will not (a) Regulated area. The Coast Guard is surface coating applications, and know your identity or contact establishing a temporary safety zone modifies existing regulations for general information unless you provide it in the around a fireworks barge on the Indian and specific coating processes. This body of your comment. If you send an River, New Smyrna, Florida. The safety revision updates the ACHD’s regulations e-mail comment directly to EPA without zone includes all waters within 500 to make them consistent with the going through RME or regulations.gov, yards in any direction from the Commonwealth’s SIP-approved your e-mail address will be fireworks barge located at approximate automatically captured and included as ° ′ ″ ° ′ ″ regulations regarding the affected position 29 03 00 N, 080 55 00 W. surface coating processes. EPA is part of the comment that is placed in the (b) Definitions. The following approving this revision to the Allegheny public docket and made available on the definitions apply to this section: portion of the Commonwealth of Internet. If you submit an electronic Designated representative means Pennsylvania SIP in accordance with comment, EPA recommends that you Coast Guard Patrol Commanders the requirements of the Clean Air Act. include your name and other contact including Coast Guard coxswains, petty information in the body of your DATES: This rule is effective on August officers and other officers operating comment and with any disk or CD–ROM 23, 2005, without further notice, unless Coast Guard vessels, and federal, state, you submit. If EPA cannot read your EPA receives adverse written comment and local officers designated by or comment due to technical difficulties by July 25, 2005. If EPA receives such assisting the Captain of the Port (COTP), and cannot contact you for clarification, comments, it will publish a timely Jacksonville, Florida, in the enforcement EPA may not be able to consider your withdrawal of the direct final rule in the of the regulated navigation areas and comment. Electronic files should avoid Federal Register and inform the public security zones the use of special characters, any form that the rule will not take effect. (c) Regulations. In accordance with of encryption, and be free of any defects the general regulations in § 165.23 of ADDRESSES: Submit your comments, or viruses. this part, anchoring, mooring or identified by Regional Material in Docket: All documents in the transiting in this zone is prohibited EDocket (RME) ID Number R03–OAR– electronic docket are listed in the RME unless authorized by the Coast Guard 2005–PA–0014, by one of the following index at http://www.docket.epa.gov/ Captain of the Port Jacksonville, FL or methods: rmepub/. Although listed in the index, his designated representative. A. Federal eRulemaking Portal: some information is not publicly (d) Dates. This rule is effective from http://www.regulations.gov. Follow the available, i.e., CBI or other information 9 p.m. on June 25, 2005, until 10 p.m. on-line instructions for submitting whose disclosure is restricted by statute. on June 25, 2005. comments. Certain other material, such as

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copyrighted material, is not placed on Rework, 2105.75, Mobile Equipment D. Part E—Source Emission and the Internet and will be publicly Repair and Refinishing, and 2105.76, Operating Standards, Subpart 7— available only in hard copy form. Wood Furniture Manufacturing Miscellaneous Sources, section 2105.74, Publicly available docket materials are Operations. Aerospace Manufacturing and Rework available either electronically in RME or B. Part E—Source Emission and This revision adds a new section, in hard copy during normal business 2105.74 to ACHD’s Article XXI, hours at the Air Protection Division, Operating Standards, section 2105.01, Equivalent Compliance Techniques adopting requirements to control VOC U.S. Environmental Protection Agency, emissions from coatings and solvents Region III, 1650 Arch Street, This revision revises the VOC used in the aerospace industry. This Philadelphia, Pennsylvania 19103. equivalency provisions of section regulation updates ACHD’s Article XXI Copies of the State submittal are 2105.01, Equivalent Compliance Air Pollution Control regulations to available at the Allegheny County Techniques of the ACHD’s Article XXI reflect existing PADEP aerospace Health Department, Bureau of Air Pollution Control Regulations. The regulations, establishing emission limits Environmental Quality, Division of Air revision authorizes compliance with and reasonably available control Quality, 301 39th Street, Pittsburgh, technology (RACT) for aerospace Pennsylvania 15201. section 2105.01 by the use of an alternative method if that method is sources that have the potential to emit FOR FURTHER INFORMATION CONTACT: incorporated by the Department into an (PTE) 25 tons a year or more of VOCs. Ellen Wentworth, (215) 814–2034, or by applicable federally enforceable The aerospace industry includes all e-mail at [email protected] installation permit or operating permit manufacturing facilities that produce an SUPPLEMENTARY INFORMATION: subject to review by EPA. The revision aerospace vehicle or component and all I. Background removes the requirement that alternative facilities that repair these aerospace products. An aerospace vehicle or On March 18, 2004, the compliance methods for certain VOC component is defined as, but not limited Commonwealth of Pennsylvania, on requirements be submitted to EPA as a to, any fabricated part, processed part, behalf of Allegheny County, submitted a SIP revision. This action will streamline assembly of parts, or completed unit of formal revision to its State the process for establishing alternative any aircraft including, but not limited to Implementation Plan (SIP). The revision compliance methods. EPA is approving airplanes, helicopters, missiles, rockets, modifies existing regulations under this revision because any alternative and space vehicles. In addition to ACHD’s Rules and Regulations, Article compliance method would be reviewed manufacturing and repair facilities, XXI, sections 2101.20, 2105.01, and by EPA as a part of the permitting 2105.10 pertaining to surface coating process to ensure that it produced some shops may specialize in providing processes in general, and creates new results equivalent to the method a service, such as chemical milling, sections, 2105.74, 2105.75, and 2105.76 specified in the regulations, thereby not rather than actually producing a specific to the aerospace, automotive, jeopardizing attainment of the ozone component or assembly. Aerospace and wood furniture industries, standard. coatings that meet the definitions of the specific coatings of the regulation shall respectively. These new regulations are C. Part E—Source Emission and applicable to all automotive touch-up meet those allowable VOC limits. Operating Standards-Subpart 1, VOC and repair facilities, certain aircraft Sources, section 2105.10, Surface E. Part E—Source Emission and maintenance facilities, and wood Coating Processes Operating Standards, Subpart 7— furniture manufacturing facilities that Miscellaneous Sources, section 2105.75, meet or exceed specified emission This revision to the ACHD’s Article Mobile Equipment Repair and thresholds. XXI, section 2105.10, Surface Coating Refinishing II. Summary of SIP Revision Processes, revises equations for This revision adds a new section, calculating VOC content, recalculates The March 18, 2004 revision to the 2105.75, to ACHD’s Article XXI Air emission limits on a ‘‘per solids’’ basis, Pennsylvania SIP, submitted by PADEP Pollution Control Regulations, and modifies recordkeeping on behalf of Allegheny County, is based establishing allowable VOC-content requirements. This regulation applies to on recent PADEP amendments, EPA requirements for coatings used in Control Technique Guidelines (CTGs), a surface coating process category, mobile equipment repair and and National Emission Standards for regardless of the size, which emits or refinishing. This regulation updates Hazardous Air Pollutants (NESHAPS). has emitted VOCs into the outdoor ACHD’s Article XXI Air Pollution This revision updates Allegheny atmosphere in quantities greater than 3 Control regulations to reflect existing County’s Article XXI Air Pollution pounds (1.4 kilograms) per hour, 15 PADEP mobile equipment repair and Control Regulations to make them pounds (7 kilograms) per day, or 2.7 refinishing regulations. This regulation consistent with previously SIP- tons (2,455 kilograms) per year during establishes emission limits, equations approved PADEP regulations. Listed any calendar year since January 1, 1987. for calculating content, application below is a summary of the SIP revision. A person may not cause or permit the techniques, and housekeeping For more detailed information on this emission into the outdoor atmosphere of requirements for non-assembly plant revision, please see the technical VOCs from a surface coating process mobile equipment repair and refinishing support document (TSD) prepared for category in the regulation, unless the sources. This regulation applies to a this rulemaking. VOC content of each as applied coating person who applies mobile equipment is equal to or less than the standard repair and refinishing or color-matched A. Part A—General, section 2101.20, specified in the regulation, or the coatings to mobile equipment or mobile Definitions overall weight of VOCs emitted to the equipment components. This regulation This revision adds and revises atmosphere is reduced through the use does not apply to a person who applies definitions in Article XXI, section of vapor recovery or incineration or surface coatings to mobile equipment or 2101.20, Definitions, for terms that are another method which is acceptable mobile equipment components if the used in the substantive sections of under section 2105.01, Equivalent surface coating process is subject to the 2105.74, Aerospace Manufacturing and Compliance Techniques. miscellaneous metal parts finishing

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requirements of the ACHD’s Article XXI, provisions of the regulation; (3) using a this reason, this action is also not section 2105.10, Surface Coating control system that achieves a reduction subject to Executive Order 13211, Processes, if the surface coating process in emissions equivalent to 0.8 lb VOC/ ‘‘Actions Concerning Regulations That is at an automobile assembly plant, or lb solids for topcoats, or 1.8 lbs VOC/ Significantly Affect Energy Supply, if the person applying the coatings does lb solids for topcoats and 1.9 lbs VOC/ Distribution, or Use’’ (66 FR 28355, May not receive compensation for the lb solids for sealers; and (4) using a 22, 2001). This action merely approves application of the coatings. A person combination of the above methods. state law as meeting Federal subject to this regulation may not apply requirements and imposes no additional III. Final Action to mobile equipment or mobile requirements beyond those imposed by equipment components any automotive EPA is approving a revision to the state law. Accordingly, the pretreatment, automotive primer- Allegheny County portion of the Administrator certifies that this rule surfacer, automotive primer-sealer, Pennsylvania SIP consisting of will not have a significant economic automotive topcoat, and automotive amendments to section 2101.20, impact on a substantial number of small specialty coatings, including any VOC- Definitions, section 2105.01, Equivalent entities under the Regulatory Flexibility containing materials added to the Compliance Techniques, and section Act (5 U.S.C. 601 et seq.). Because this original coating supplied by the 2105.10, Surface Coating Processes. In rule approves pre-existing requirements manufacturer, that contain VOCs in addition, EPA is also approving the under state law and does not impose excess of the limits specified in the addition to ACHD’s Article XXI of new any additional enforceable duty beyond regulation. sections 2105.74, Aerospace that required by state law, it does not F. Part E—Source Emission and Manufacturing and Rework, section contain any unfunded mandate or Operating Standards, Subpart 7— 2105.75, Mobile Equipment Repair and significantly or uniquely affect small Miscellaneous Sources, section 2105.76, Refinishing, and section 2105.76, Wood governments, as described in the Wood Furniture Manufacturing Furniture Manufacturing Operations. Unfunded Mandates Reform Act of 1995 Operations These revisions were submitted by the (Public Law 104–4). This rule also does Commonwealth of Pennsylvania on not have tribal implications because it This revision adds a new section, behalf of Allegheny County on March will not have a substantial direct effect 2105.74 to ACHD’s Article XXI, 18, 2004, and update ACHD’s Article on one or more Indian tribes, on the adopting new VOC regulations for wood XXI regulations to make them consistent relationship between the Federal furniture operations including wood with existing PADEP regulations. Government and Indian tribes, or on the furniture finishing, cleaning, and wash- EPA is publishing this rule without distribution of power and off operations. This regulation prior proposal because the Agency responsibilities between the Federal establishes emission limits and control views this as a noncontroversial Government and Indian tribes, as technology for sources that have a PTE amendment and anticipates no adverse specified by Executive Order 13175 (65 of 25 tons a year or more of VOCs from comment. However, in the ‘‘Proposed FR 67249, November 9, 2000). This wood furniture manufacturing Rules’’ section of today’s Federal action also does not have Federalism operations. In addition to setting VOC Register, EPA is publishing a separate implications because it does not have emission limits, the new regulation document that will serve as the proposal substantial direct effects on the States, establishes work practice standards, to approve the SIP revision if adverse on the relationship between the national compliance procedures, monitoring comments are filed. This rule will be government and the States, or on the requirements, recordkeeping and effective on August 23, 2005, without reporting requirements, and special distribution of power and further notice unless EPA receives responsibilities among the various provisions for facilities using an adverse comment by July 25, 2005. If emissions averaging approach. The levels of government, as specified in EPA receives adverse comment, EPA Executive Order 13132 (64 FR 43255, limits in this regulation do not apply to will publish a timely withdrawal in the a coating used exclusively for August 10, 1999). This action merely Federal Register informing the public approves a state rule implementing a determining product quality and that the rule will not take effect. EPA commercial acceptance, touch-up and Federal requirement, and does not alter will address all public comments in a repair, and other small quantity coatings the relationship or the distribution of subsequent final rule based on the if the quantity of coating does not power and responsibilities established proposed rule. EPA will not institute a exceed 50 gallons per year for a single in the Clean Air Act. This rule also is second comment period on this action. coating, and a total of 200 gallons per not subject to Executive Order 13045 Any parties interested in commenting year for all coatings combined for the ‘‘Protection of Children from must do so at this time. Please note that facility. The owner or operator of the Environmental Health Risks and Safety if EPA receives adverse comment on an facility must submit a written request to Risks’’ (62 FR 19885, April 23, 1997), amendment, paragraph, or section of the Department which must be because it is not economically this rule and if that provision may be approved prior to the use of the significant. severed from the remainder of the rule, coatings. In reviewing SIP submissions, EPA’s An owner or an operator of a facility EPA may adopt as final those provisions role is to approve state choices, subject to this regulation shall limit of the rule that are not the subject of an provided that they meet the criteria of VOC emissions from wood furniture adverse comment. the Clean Air Act. In this context, in the manufacturing operations by: (1) IV. Statutory and Executive Order absence of a prior existing requirement Applying either waterborne topcoats or Reviews for the State to use voluntary consensus a combination of sealers and topcoats standards (VCS), EPA has no authority and strippable spray booth coatings A. General Requirements to disapprove a SIP submission for with a VOC content equal to or less than Under Executive Order 12866 (58 FR failure to use VCS. It would thus be the standards specified in the 51735, October 4, 1993), this action is inconsistent with applicable law for regulation; (2) using an emissions not a ‘‘significant regulatory action’’ and EPA, when it reviews a SIP submission, averaging program which meets the therefore is not subject to review by the to use VCS in place of a SIP submission requirements of the emissions averaging Office of Management and Budget. For that otherwise satisfies the provisions of

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the Clean Air Act. Thus, the ‘‘major rule’’ as defined by 5 U.S.C. Dated: June 15, 2005. requirements of section 12(d) of the 804(2). Donald S. Welsh, National Technology Transfer and C. Petitions for Judicial Review Regional Administrator, Region III. Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does Under section 307(b)(1) of the Clean I 40 CFR part 52 is amended as follows: not impose an information collection Air Act, petitions for judicial review of burden under the provisions of the this action must be filed in the United PART 52—[AMENDED] Paperwork Reduction Act of 1995 (44 States Court of Appeals for the I 1. The authority citation for part 52 U.S.C. 3501 et seq.). appropriate circuit by August 23, 2005. Filing a petition for reconsideration by continues to read as follows: B. Submission to Congress and the the Administrator of this final rule, Authority: 42 U.S.C. 7401 et seq. Comptroller General revising Allegheny County’s Article XXI, VOC Control, General and Specific Subpart NN—Pennsylvania The Congressional Review Act, 5 Surface Coating Applications, does not U.S.C. 801 et seq., as added by the Small affect the finality of this rule for the I 2. In § 52.2020, the table in Business Regulatory Enforcement purposes of judicial review nor does it paragraph(c)(2) is amended by revising Fairness Act of 1996, generally provides extend the time within which a petition the title of the third column to read that before a rule may take effect, the for judicial review may be filed, and ‘‘State effective date’’; adding an entry agency promulgating the rule must shall not postpone the effectiveness of for Part A, 2101.20 after the existing submit a rule report, which includes a such rule or action. This action, may not entry for 2101.20; adding entries for Part copy of the rule, to each House of the be challenged later in proceedings to E, 2105.74, 2105.75, and 2105.76; and Congress and to the Comptroller General enforce its requirements. (See section revising entries for Part E, 2105.01 and of the United States. EPA will submit a 307(b)(2).) 2105.10 to read as follows: report containing this rule and other required information to the U.S. Senate, List of Subjects in 40 CFR Part 52 § 52.2020 Identification of plan. the U.S. House of Representatives, and Environmental protection, Air * * * * * the Comptroller General of the United pollution control, Ozone, Reporting and States prior to publication of the rule in recordkeeping requirements, Volatile (c) * * * the Federal Register. This rule is not a organic compounds. (2) * * *

Additional ex- Article XXI cita- State effec- EPA ap- planation/ tion Title/subject tive date proval date § 52.2063 cita- tion

PART A General

******* 2101.20 ...... Definitions ...... 7/10/03 6/24/05 [Insert page number where the document begins]

******* PART E Source Emission and Operating Standards 2105.01 ...... Equivalent Compliance Techniques ...... 7/10/03 6/24/05 [Insert page number where the document begins]

******* Subpart 1 VOC Sources 2105.10 ...... Surface Coating Processes ...... 7/10/03 6/24/05 [Insert page number where the document begins]

******* Subpart 7 Miscellaneous VOC Sources

******* 2105.74 ...... Aerospace Manufacturing and Rework ...... 7/10/03 6/24/05 [Insert page number where the document begins]

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Additional ex- Article XXI cita- State effec- EPA ap- planation/ tion Title/subject tive date proval date § 52.2063 cita- tion

2105.75 ...... Mobile Equipment Repair and Refinishing ...... 7/10/03 6/24/05 [Insert page number where the document begins] 2105.76 ...... Wood Furniture Manufacturing Operations ...... 7/10/03 6/24/05 [Insert page number where the document begins]

*******

* * * * * Street, Kansas City, Kansas 66101. The (December 11, 2003). The EPA has [FR Doc. 05–12581 Filed 6–23–05; 8:45 am] interested persons wanting to examine established procedures by which these BILLING CODE 6560–50–P these documents should make an agencies are automatically delegated the appointment with the office at least 24 authority to implement the standards hours in advance. when they adopt regulations which are ENVIRONMENTAL PROTECTION Effective immediately, all identical to the Federal standards. We AGENCY notifications, applications, reports, and then periodically provide notice of the other correspondence required pursuant new and revised standards for which 40 CFR Parts 60, 61, and 63 to the newly delegated standards and delegation has been given. [FRL–7927–4] revisions identified in this document must be submitted with respect to What is the authority for delegation? Delegation of Authority to the States of sources located in the jurisdictions 1. Section 111(c)(1) of the Clean Air Iowa and Kansas for New Source identified in this document, to the Act (CAA) authorizes EPA to delegate Performance Standards (NSPS), following addresses: authority to any state agency which National Emission Standards for Iowa Department of Natural submits adequate regulatory procedures Hazardous Air Pollutants (NESHAP); Resources, Air Quality Bureau, 7900 for implementation and enforcement of and Maximum Achievable Control Hickman Road, Urbandale, Iowa 50322. the NSPS program. The NSPS are Technology (MACT) Standards Kansas Department of Health and codified at 40 CFR part 60. Environment, Bureau of Air and 2. Section 112(l) of the CAA and 40 AGENCY: Environmental Protection Radiation, 1000 SW., Jackson, Suite 310, CFR part 63, subpart E, authorizes the Agency (EPA). Topeka, Kansas 66612. EPA to delegate authority to any state or Duplicates of required documents ACTION: Notice of delegation of local agency which submits adequate must also continue to be submitted to authority. regulatory procedures for the EPA Regional Office at the above implementation and enforcement of SUMMARY: The states of Iowa and Kansas address. emission standards for hazardous air have submitted updated regulations for FOR FURTHER INFORMATION CONTACT: pollutants. The hazardous air pollutant delegation of EPA authority for Leland Daniels at (913) 551–7651, or by standards are codified at 40 CFR parts implementation and enforcement of e-mail at [email protected]. 61 and 63, respectively. NSPS, NESHAP, and MACT. The SUPPLEMENTARY INFORMATION: The What does delegation accomplish? submissions cover new EPA standards supplementary information is organized and, in some instances, revisions to in the following order: Delegation confers primary standards previously delegated. EPA’s What does this action do? responsibility for implementation and review of the pertinent regulations enforcement of the listed standards to shows that they contain adequate and What is the authority for delegation? What does delegation accomplish? the respective state and local air effective procedures for the What has been delegated? agencies. However, EPA also retains the implementation and enforcement of What has not been delegated? concurrent authority to enforce the these Federal standards. This action standards. informs the public of delegations to the List of Delegation Tables above-mentioned agencies. Table I—NSPS, 40 CFR part 60 What has been delegated? Table II—NESHAP, 40 CFR part 61 DATES: This document is effective on Table III—NESHAP, 40 CFR part 63 Tables I, II, and III below list the June 24, 2005. The dates of delegation delegated standards. Each item listed in can be found in the SUPPLEMENTARY What does this action do? the Subpart column has two relevant INFORMATION section of this document. The EPA is providing notice of an dates listed in each column for each ADDRESSES: Copies of documents update to its delegable authority for state. The first date in each block is the relative to this action are available for implementation and enforcement of the reference date to the CFR contained in public inspection during normal Federal standards shown in the tables the state rule. In general, the state or business hours at the Environmental below to the states of Iowa and Kansas. local agency has adopted the applicable Protection Agency, Air Planning and This rule updates the delegation tables standard through the date as noted in Development Branch, 901 North 5th previously published at 68 FR 69029 the table. The second date is the most

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recent effective date of the state agency provisions cannot be delegated. You 5. With respect to 40 CFR part 63, rule for which the EPA has granted the should review the applicable standard subpart A, General Provisions (see Table delegation. This notice specifically for this information. III), the EPA has determined that addresses revisions to the columns for 3. In some cases, the agency rules do sections 63.6(g), 63.6(h)(9), 63.7(e)(2)(ii) Iowa and Kansas. not adopt the Federal standard in its and (f), 63.8(f), and 63.10(f) cannot be delegated. Additional information is What has not been delegated? entirety. Each agency rule (available from the respective agency) should be contained in an EPA memorandum 1. The EPA regulations effective after consulted for specific information. titled ‘‘Delegation of 40 CFR Part 63 General Provisions Authorities to State the first date specified in each block 4. In some cases, existing delegation and Local Air Pollution Control have not been delegated, and authority agreements between the EPA and the Agencies’’ from John Seitz, Director, for implementation of these regulations agencies limit the scope of the delegated Office of Air Quality Planning and is retained solely by EPA. standards. Copies of delegation Standards, dated July 10, 1998. 2. In some cases, the standards agreements are available from the state themselves specify that specific agencies, or from this office. List of Delegation Tables

TABLE I.—DELEGATION OF AUTHORITY—PART 60 NSPS—REGION 7

State of State of State of State of Subpart Source category Iowa Kansas Missouri Nebraska

A ...... General Provisions ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 D ...... Fossil-Fuel Fired Steam Generators for Which Construction 12/19/03 07/01/03 06/30/02 07/01/01 is Commenced After August 17, 1971. 12/15/04 12/03/04 10/30/03 07/10/02 Da ...... Electric Utility Steam Generating Units for Which Construc- 12/19/03 07/01/03 06/30/02 07/01/01 tion is Commenced After September 18, 1978. 12/15/04 12/03/04 10/30/03 07/10/02 Db ...... Industrial-Commercial-Institutional Steam Generating Units 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 Dc ...... Small Industrial-Commercial-Institutional Steam Generating 12/19/03 07/01/03 06/30/02 07/01/01 Units. 12/15/04 12/03/04 10/30/03 07/10/02 E ...... Incinerators ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 Ea ...... Municipal Waste Combustors for Which Construction is 12/19/03 07/01/03 06/30/02 07/01/01 Commenced After December 20, 1989, and on or before 12/15/04 12/03/04 10/30/03 07/10/02 September 20 1994.. Eb ...... Large Municipal Waste Combustors for Which Construction 12/19/03 07/01/03 06/30/02 07/01/01 is Commenced after September 20, 1994, or for Which 12/15/04 12/03/04 10/30/03 07/10/02 Modification or Reconstruction is Commenced After June 19, 1996. Ec ...... Hospital/Medical/Infectious Waste Incinerators for Which 12/19/03 07/01/03 06/30/02 07/01/01 Construction Commenced after June 20, 1996. 12/15/04 12/03/04 10/30/03 07/10/02 F ...... Portland Cement Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 G ...... Nitric Acid Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 H ...... Sulfuric Acid Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 I ...... Hot Mix Asphalt Facilities ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 J ...... Petroleum Refineries ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 K ...... Storage Vessels for Petroleum Liquids for Which Construc- 12/19/03 07/01/03 06/30/02 07/01/01 tion, Reconstruction, or Modification Commenced After 12/15/04 12/03/04 0/30/03 07/10/02 June 11, 1973, and Prior to May 19, 1978. Ka ...... Storage Vessels for Petroleum Liquids for Which Construc- 12/19/03 07/01/03 06/30/02 07/01/01 tion, Reconstruction, or Modification Commenced After 12/15/04 12/03/04 10/30/03 07/10/02 May 18, 1978, and Prior to July 23, 1984. Kb ...... Volatile Organic Liquid Storage Vessels (including Petro- 12/19/03 07/01/03 06/30/02 07/01/01 leum Liquid Storage Vessels) for Which Construction, 12/15/04 12/03/04 10/30/03 07/10/02 Reconstruction, or Modification Commenced After July 23, 1984. L ...... Secondary Lead Smelters ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 M ...... Secondary Brass and Bronze Production Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 N ...... Basic Oxygen Process Furnaces for Which Construction is 12/19/03 07/01/03 06/30/02 07/01/01 Commenced After June 11, 1973. 12/15/04 12/03/04 10/30/03 07/10/02 Na ...... Basic Oxygen Process Steelmaking Facilities for Which 12/19/03 07/01/03 06/30/02 07/01/01 Construction is Commenced After January 20, 1983. 12/15/04 12/03/04 10/30/03 07/10/02 O ...... Sewage Treatment Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 P ...... Primary Copper Smelters ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02

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TABLE I.—DELEGATION OF AUTHORITY—PART 60 NSPS—REGION 7—Continued

State of State of State of State of Subpart Source category Iowa Kansas Missouri Nebraska

Q ...... Primary Zinc Smelters ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 R ...... Primary Lead Smelters ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 S ...... Primary Aluminum Reduction Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 T ...... Phosphate Fertilizer Industry: Wet Process Phosphoric Acid 12/19/03 07/01/03 06/30/02 07/01/01 Plants. 12/15/04 12/03/04 10/30/03 07/10/02 U ...... Phosphate Fertilizer Industry: Superphosphoric Acid Plants 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 V ...... Phosphate Fertilizer Industry: Diammonium Phosphate 12/19/03 07/01/03 06/30/02 07/01/01 Plants. 12/15/04 12/03/04 10/30/03 07/10/02 W ...... Phosphate Fertilizer Industry: Triple Superphosphate Plants 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 X ...... Phosphate Fertilizer Industry: Granular Triple Superphos- 12/19/03 07/01/03 06/30/02 07/01/01 phate Storage Facilities. 12/15/04 12/03/04 10/30/03 07/10/02 Y ...... Coal Preparation Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 Z ...... Ferroalloy Production Facilities ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 AA ...... Steel Plants: Electric Arc Furnaces Constructed After Octo- 12/19/03 07/01/03 06/30/02 07/01/01 ber 21, 1974, and on or Before August 17, 1983. 12/15/04 12/03/04 10/30/03 07/10/02 AAa ...... Steel Plants: Electric Arc Furnaces and Argon-Oxygen 12/19/03 07/01/03 06/30/02 07/01/01 Decarburization Vessels Constructed After August 17, 12/15/04 12/03/04 10/30/03 07/10/02 1983. BB ...... Kraft Pulp Mills ...... 12/19/03 07/01/03 06/30/02 ...... 12/15/04 12/03/04 10/30/03 ...... CC ...... Glass Manufacturing Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 DD ...... Grain Elevators ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 EE ...... Surface Coating of Metal Furniture ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 GG ...... Stationary Gas Turbines ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 HH ...... Lime Manufacturing Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 KK ...... Lead-Acid Battery Manufacturing Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 LL ...... Metallic Mineral Processing Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 MM ...... Automobile and Light Duty Truck Surface Coating Oper- 12/19/03 07/01/03 06/30/02 07/01/01 ations. 12/15/04 12/03/04 10/30/03 07/10/02 NN ...... Phosphate Rock Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 PP ...... Ammonium Sulfate Manufacture ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 QQ ...... Graphic Arts Industry: Publication Rotogravure Printing ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 RR ...... Pressure Sensitive Tape and Label Surface Coating Oper- 12/19/03 07/01/03 06/30/02 07/01/01 ations. 12/15/04 12/03/04 10/30/03 07/10/02 SS ...... Industrial Surface Coating: Large Appliances ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 TT ...... Metal Coil Surface Coating ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 UU ...... Asphalt Processing and Asphalt Roofing Manufacture ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 VV ...... Equipment Leaks of VOC in the Synthetic Organic Chemi- 12/19/03 07/01/03 06/30/02 07/01/01 cals Manufacturing Industry. 12/15/04 12/03/04 10/30/03 07/10/02 WW ...... Beverage Can Surface Coating Industry ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 XX ...... Bulk Gasoline Terminals ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 AAA ...... New Residential Wood Heaters ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 BBB ...... Rubber Tire Manufacturing Industry ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 DDD ...... Volatile Organic Compound (VOC) Emissions from the 12/19/03 07/01/03 06/30/02 07/01/01 Polymer Manufacturing Industry. 12/15/04 12/03/04 10/30/03 07/10/02 FFF ...... Flexible Vinyl and Urethane Coating and Printing ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02

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TABLE I.—DELEGATION OF AUTHORITY—PART 60 NSPS—REGION 7—Continued

State of State of State of State of Subpart Source category Iowa Kansas Missouri Nebraska

GGG ...... Equipment Leaks of VOC in Petroleum Refineries ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 HHH ...... Synthetic Fiber Production Facilities ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 III ...... Volatile Organic Compound (VOC) Emissions From the 12/19/03 07/01/03 06/30/02 07/01/01 Synthetic Organic Chemical Manufacturing Industry 12/15/04 12/03/04 10/30/03 07/10/02 (SOCMI) AIR Oxidation Unit Processes. JJJ ...... Petroleum Dry Cleaners ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 KKK ...... Equipment Leaks of VOC from Onshore Natural Gas Proc- 12/19/03 07/01/03 06/30/02 07/01/01 essing Plants. 12/15/04 12/03/04 10/30/03 07/10/02 LLL ...... Onshore Natural Gas Processing: SO2 Emissions ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 NNN ...... Volatile Organic Compound (VOC) Emissions from Syn- 12/19/03 07/01/03 06/30/02 07/01/01 thetic Organic Chemical Manufacturing Industry (SOCMI) 12/15/04 12/03/04 10/30/03 07/10/02 Distillation Operations. OOO ...... Nonmetallic Mineral Processing Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 PPP ...... Wool Fiberglass Insulation Manufacturing Plants ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 QQQ ...... VOC Emissions from Petroleum Refinery Wastewater Sys- 12/19/03 07/01/03 06/30/02 07/01/01 tems. 12/15/04 12/03/04 10/30/03 07/10/02 RRR ...... Volatile Organic Compound Emissions from Synthetic Or- 12/19/03 07/01/03 06/30/02 07/01/01 ganic Chemical Manufacturing Industry (SOCMI) Reactor 12/15/04 12/03/04 10/30/03 07/10/02 Processes. SSS ...... Magnetic Tape Coating Facilities ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 TTT ...... Industrial Surface Coating: Surface Coating of Plastic Parts 12/19/03 07/01/03 06/30/02 07/01/01 for Business Machines. 12/15/04 12/03/04 10/30/03 07/10/02 UUU ...... Calciners and Dryers in Mineral Industries ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 VVV ...... Polymeric Coating of Supporting Substrates Facilities ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 WWW ...... Municipal Solid Waste Landfills ...... 12/19/03 07/01/03 06/30/02 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 AAAA ...... Small Municipal Waste Combustion Units for Which Con- 12/19/03 07/01/03 06/30/02 07/01/01 struction is Commenced After August 30, 1999 or for 12/15/04 12/03/04 10/30/03 07/10/02 Which Modification or Reconstruction is Commenced After June 6, 2001. CCCC ...... Commercial and Industrial Solid Waste Incineration Units 12/19/03 07/01/03 06/30/02 07/01/01 for Which Construction is Commenced After November 12/15/04 12/03/04 10/30/03 07/10/02 30, 1999 or for Which Modification or Reconstruction is Commenced on or After June 1, 2001.

TABLE II.—DELEGATION OF AUTHORITY—PART 61 NESHAP—REGION 7

Subpart Source category State of State of State of State of Lincoln-Lan- City of Iowa Kansas Missouri Nebraska caster County Omaha

A ...... General Provisions ...... 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 B ...... Radon Emissions from ...... 07/01/03 ...... Underground Uranium ...... 12/03/04 ...... Mines. C ...... Beryllium ...... 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 D ...... Beryllium Rocket Motor 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 Firing. 12/23/98 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 E ...... Mercury ...... 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 F ...... Vinyl Chloride ...... 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 J ...... Equipment Leaks (Fugi- 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 tive Emission Sources) 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 of Benzene. L ...... Benzene Emissions from 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 Coke By-Product Re- 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 covery Plants. M ...... Asbestos ...... 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03

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TABLE II.—DELEGATION OF AUTHORITY—PART 61 NESHAP—REGION 7—Continued

State of State of State of State of Lincoln-Lan- City of Subpart Source category Iowa Kansas Missouri Nebraska caster County Omaha

N ...... Inorganic Arsenic Emis- 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 sions from Glass Man- 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 ufacturing Plants. O ...... Inorganic Arsenic Emis- 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 sions From Primary 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Copper Smelters. P ...... Inorganic Arsenic Emis- 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 sions From Arsenic 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Trioxide and Metallic Arsenic Production Fa- cilities. Q ...... Radon Emissions From ...... 07/01/03 ...... Department of Energy ...... 12/03/04 ...... Facilities. R ...... Radon Emissions From ...... 07/01/03 ...... Phosphogypsum ...... 12/03/04 ...... Stacks. T ...... Radon Emissions From ...... 07/01/03 ...... the Disposal of Ura- ...... 12/03/04 ...... nium Mill Tailings. V ...... Equipment Leaks (Fugi- 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 tive Emission Sources). 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 W ...... Radon Emissions From ...... 07/01/03 ...... Operating Mill Tailings...... 12/03/04 ...... Y ...... Benzene Emissions 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 From Benzene Stor- 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 age Vessels. BB ...... Benzene Emissions 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 From Benzene Trans- 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 fer Operations. FF ...... Benzene Waste Oper- 12/11/03 07/01/03 06/30/02 07/01/01 07/01/92 07/01/01 ations. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03

TABLE III.—DELEGATION OF AUTHORITY—PART 63 NESHAP—REGION 7

State of State of State of State of Lincoln-Lan- City of Subpart Source category Iowa Kansas Missouri Nebraska caster County Omaha

A ...... General Provisions ...... 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 B ...... Requirements for Control 05/06/04 07/01/03 12/31/00 04/05/02 ...... 04/05/02 Technology Determina- 12/15/04 12/03/04 11/20/02 11/20/02 ...... 04/18/03 tions for Major Sources (112 (g) only) in Accordance with Clean Air Act Sections, Section 112(g) and (j). D ...... Compliance Extensions 05/06/04 07/01/03 12/31/00 12/29/92 11/21/94 12/29/92 for Early Reductions of 12/15/04 12/03/04 09/30/02 11/20/02 07/31/01 04/18/03 Hazardous Air Pollut- ants. F ...... Organic Hazardous Air 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Pollutants From the 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Synthetic Organic Chemical Manufac- turing Industry. G ...... Organic Hazardous Air 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Pollutants From the 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Synthetic Organic Chemical Manufac- turing Industry for Process Vents, Stor- age Vessels, Transfer Operations, and Wastewater. H ...... Organic Hazardous Air 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Pollutants for Equip- 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 ment Leaks.

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TABLE III.—DELEGATION OF AUTHORITY—PART 63 NESHAP—REGION 7—Continued

State of State of State of State of Lincoln-Lan- City of Subpart Source category Iowa Kansas Missouri Nebraska caster County Omaha

I ...... Organic Hazardous Air 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Pollutants for Certain 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Processes Subject to the Negotiated Regula- tion for Equipment Leaks. J ...... Polyvinyl Chloride and 05/06/04 07/01/03 ...... Copolymers Production. 12/15/04 12/03/04 ...... L ...... Coke Oven Batteries ...... 05/06/04 07/01/03 06/30/02 ...... 12/15/04 12/03/04 10/30/03 ...... M ...... National 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Perchloroethylene Air 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Emission Standards for Dry Cleaning Facilities. N ...... Chromium Emissions 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 From Hard and Deco- 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 rative Chromium Elec- troplating and Chro- mium Anodizing Tanks. O ...... Ethylene Oxide Emis- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 sions Standards for 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Sterilization Facilities. Q ...... Industrial Process Cool- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 ing Towers. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 R ...... Gasoline Distribution Fa- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/98 cilities (Bulk Gasoline 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Terminals and Pipeline Breakout Stations). S ...... Pulp and Paper Industry 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 T ...... Halogenated Solvent 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Cleaning. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 U ...... Polymers and Resins 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Group I. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 W ...... Epoxy Resins Production 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 and Non-Nylon 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Polyamides Production. X ...... Secondary Lead Smelt- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 ing. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Y ...... Marine Tank Vessel 05/06/04 07/01/03 06/30/02 ...... Loading Operations. 12/15/04 12/03/04 10/30/03 ...... AA/BB ...... Phosphoric Acid/Phos- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 phate Fertilizers. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 CC ...... Petroleum Refineries ...... 05/06/04 07/01/03 06/30/02 07/01/01 07/31/97 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 DD ...... Off-Site Waste and Re- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 covery Operations. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 EE ...... Magnetic Tape Manufac- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 turing Operations. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 GG ...... Aerospace Manufacturing 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 and Rework Facilities. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 HH ...... Oil and Natural Gas Pro- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 duction Facilities. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 II ...... Shipbuilding and Ship 05/06/04 07/01/03 06/30/02 ...... Repair (Surface Coat- 12/15/04 12/03/04 10/30/03 ...... ing). JJ ...... Wood Furniture Manufac- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 turing Operations. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 KK ...... Printing and Publishing 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Industry. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 LL ...... Primary Aluminum Re- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 duction Plants. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 MM ...... Chemical Recovery 05/06/04 07/01/03 06/30/02 07/01/01 ...... 07/01/01 Combustion Sources 12/15/04 12/03/04 10/30/03 07/10/02 ...... 04/18/03 at Kraft, Soda, Sulfite, and Stand-Along Semichemical Pulp Mills. OO ...... Tanks-Level 1 ...... 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03

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TABLE III.—DELEGATION OF AUTHORITY—PART 63 NESHAP—REGION 7—Continued

State of State of State of State of Lincoln-Lan- City of Subpart Source category Iowa Kansas Missouri Nebraska caster County Omaha

PP ...... Containers ...... 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 QQ ...... Surface Impoundments ...... 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 RR ...... Individual Drain Systems ...... 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 SS ...... Closed Vent Systems, 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Control Devices, Re- 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 covery Devices and Routing to a Fuel Gas System or a Process. TT ...... Equipment Leaks—Con- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 trol Level 1 Standards. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 UU ...... Equipment Leaks—Con- 05/06/04 ...... 06/30/02 07/01/01 07/01/00 07/01/01 trol Level 2 Standards. 12/15/04 ...... 10/30/03 07/10/02 07/31/01 04/18/03 VV ...... Oil-Water Separators and ...... 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Organic-Water Separa- ...... 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 tors. WW ...... Storage Vessel 05/06/04 ...... 06/30/02 07/01/01 07/01/00 07/01/01 (Tanks)—Control Level 12/15/04 ...... 10/30/03 07/10/02 07/31/01 04/18/03 2. XX ...... Ethylene Manufacturing 05/06/04 ...... Process Units: Heat 12/15/04 ...... Exchange Systems and Waste Operations. YY ...... Generic Maximum 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Achievable Control 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Technology Standards. CCC ...... Steel Pickling-HCL Proc- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 ess Facilities and Hy- 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 drochloric Acid Regen- eration Plants. DDD ...... Mineral Wool Production 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 EEE ...... Hazardous Waste Com- 05/06/04 07/01/03 06/30/02 ...... 07/01/00 ...... bustors. 12/15/04 12/03/04 10/30/03 ...... 07/31/01 ...... GGG ...... Pharmaceutical Produc- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 tion. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 HHH ...... Natural Gas Trans- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 mission and Storage 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 Facilities. III ...... Flexible Polyurethane 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Foam Production. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 JJJ ...... Polymers and Resins 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Group IV. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 LLL ...... Portland Cement Manu- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 facturing Industry. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 MMM ...... Pesticide Active Ingre- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 dient Production. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 NNN ...... Wool Fiberglass Manu- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 facturing. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 OOO ...... Manufacture of Amino/ 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 Phenolic Resins. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 PPP ...... Polyether Polyols Pro- 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 duction. 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 QQQ ...... Primary Copper Smelting 05/06/04 07/01/03 06/30/02 ...... 12/15/04 12/03/04 10/30/03 ...... RRR ...... Secondary Aluminum 05/06/04 07/01/03 06/30/02 07/01/01 ...... 07/01/01 Production. 12/15/04 12/03/04 10/30/03 07/10/02 ...... 04/18/03 TTT ...... Primary Lead Smelting ... 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 UUU ...... Petroleum Refineries ...... 05/06/04 07/01/03 06/30/02 07/01/02 ...... 12/15/04 12/03/04 10/30/03 11/24/03 ...... VVV ...... Publicly Owned Treat- 05/06/04 07/01/03 06/30/02 07/01/01 ...... 07/01/01 ment Works. 12/15/04 12/03/04 10/30/03 07/10/02 ...... 04/18/03 XXX ...... Ferroalloys Production ... 05/06/04 07/01/03 06/30/02 07/01/01 07/01/00 07/01/01 12/15/04 12/03/04 10/30/03 07/10/02 07/31/01 04/18/03 AAAA ...... Municipal Solid Waste 05/06/04 07/01/03 ...... Landfills. 12/15/04 12/03/04 ...... CCCC ...... Manufacturing of Nutri- 05/06/04 07/01/03 06/30/02 07/01/01 ...... 07/01/01 tional Yeast. 12/15/04 12/03/04 10/30/03 07/10/02 ...... 04/18/03

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TABLE III.—DELEGATION OF AUTHORITY—PART 63 NESHAP—REGION 7—Continued

State of State of State of State of Lincoln-Lan- City of Subpart Source category Iowa Kansas Missouri Nebraska caster County Omaha

DDDD ...... Plywood and Composite ...... Wood Products...... EEEE ...... Organic Liquids Distribu- 05/06/04 ...... tion (Non-Gasoline). 12/15/04 ...... FFFF ...... Misc. Organic Chemical 05/06/04 ...... Manufacturing. 12/15/04 ...... GGGG ...... Solvent Extraction for 05/06/04 07/01/03 06/30/02 07/01/01 ...... 07/01/01 Vegetable Oil Produc- 12/15/04 12/03/04 10/30/03 07/10/02 ...... 04/18/03 tion. HHHH ...... Wet Formed Fiberglass 05/06/04 07/01/03 06/30/02 07/01/02 ...... Mat Production. 12/15/04 12/03/04 10/30/03 11/24/03 IIII ...... Surface Coating of Auto- 05/06/04 ...... mobiles and Light-Duty 12/15/04 Trucks. JJJJ ...... Paper and Other Web 05/06/04 07/01/03 ...... Coating. 12/15/04 12/03/04 KKKK ...... Surface Coating of Metal 05/06/04 07/01/03 ...... Cans. 12/15/04 12/03/04 MMMM ...... Surface Coating of Misc. 05/06/04 ...... Metal Parts and Prod- 12/15/04 ucts. NNNN ...... Surface Coating of Large 05/06/04 07/01/03 ...... Appliances. 12/15/04 12/03/04 OOOO ...... Printing, Coating and 05/06/04 07/01/03 ...... Dyeing of Fabrics and 12/15/04 12/03/04 Other Textiles. PPPP ...... Surface Coating of Plas- ...... tic Parts and Products. QQQQ ...... Surface Coating of Wood 05/06/04 07/01/03 ...... Building Products. 12/15/04 12/03/04 RRRR ...... Surface Coating of Metal 05/06/04 07/01/03 ...... Furniture. 12/15/04 12/03/04 SSSS ...... Surface Coating of Metal 05/06/04 07/01/03 06/30/02 07/01/02 ...... Coil. 12/15/04 12/03/04 10/30/03 11/24/03 TTTT ...... Leather Finishing Oper- 05/06/04 07/01/03 06/30/02 07/01/02 ...... ations. 12/15/04 12/03/04 10/30/03 11/24/03 UUUU ...... Cellulose Products Man- 05/06/04 07/01/03 06/30/02 07/01/02 ...... ufacturing. 12/15/04 12/03/04 10/30/03 11/24/03 VVVV ...... Boat Manufacturing ...... 05/06/04 07/01/03 06/30/02 07/01/02 ...... 12/15/04 12/03/04 10/30/03 11/24/03 WWWW ...... Reinforced Plastic Com- 05/06/04 07/01/03 ...... posites Production. 12/15/04 12/03/04 XXXX ...... Rubber Tire Manufac- 05/06/04 07/01/03 ...... turing. 12/15/04 12/03/04 YYYY ...... Stationary Combustion 05/06/04 ...... Turbines. 12/15/04 ZZZZ ...... Stationary Reciprocating ...... Internal Combustion Engines. AAAAA ...... Lime Manufacturing ...... Plants. BBBBB ...... Semiconductor Manufac- ...... 07/01/03 ...... turing. 12/03/04 CCCCC ...... Coke Ovens: Pushing, 05/06/04 07/01/03 ...... Quenching, and Bat- 12/15/04 12/03/04 tery Stacks. EEEEE ...... Iron and Steel Foundries 05/06/04 ...... 12/15/04 FFFFF ...... Integrated Iron and Steel 05/06/04 07/01/03 ...... Manufacturing Facili- 12/15/04 12/03/04 ties. GGGGG ...... Site Remediation ...... HHHHH ...... Misc. Coating Manufac- 05/06/04 07/01/03 ...... turing. 12/15/04 12/03/04 IIIII ...... Mercury Cell Chlor-Alkali 05/06/04 07/01/03 ...... Plants. 12/15/04 12/03/04 JJJJJ ...... Brick and Structural Clay 05/06/04 07/01/03 ...... Products Manufac- 12/15/04 12/03/04 ...... turing. KKKKK ...... Clay Ceramics Manufac- 05/06/04 ...... turing. 12/15/04 ......

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TABLE III.—DELEGATION OF AUTHORITY—PART 63 NESHAP—REGION 7—Continued

State of State of State of State of Lincoln-Lan- City of Subpart Source category Iowa Kansas Missouri Nebraska caster County Omaha

LLLLL ...... Asphalt Processing and 05/06/04 07/01/03 ...... Asphalt Roofing Manu- 12/15/04 12/03/04 ...... facturing. MMMMM ..... Flexible Polyurethane 05/06/04 07/01/03 ...... Foam Fabrication Op- 12/15/04 12/03/04 ...... eration. NNNNN ...... Hydrochloric Acid Pro- 05/06/04 07/01/03 ...... duction. 12/15/04 12/03/04 ...... PPPPP ...... Engine Test Cells/Stands 05/06/04 07/01/03 ...... 12/15/04 12/03/04 ...... QQQQQ ...... Friction Materials Manu- 05/06/04 07/01/03 ...... facturing Facilities. 12/15/04 12/03/04 ...... RRRRR ...... Taconite Iron Ore Proc- ...... essing. SSSSS ...... Refractory Prdocuts 05/06/04 07/01/03 ...... Manufacturing. 12/15/04 12/03/04 ...... TTTTT ...... Primary Magnesium Re- ...... fining.

Summary of This Action which changes could qualify as process achievable control technology (MACT) All sources subject to the changes for compliance purposes would floor which included these process requirements of 40 CFR parts 60, 61, be January 1992. With this action, changes. process changes implemented in and 63 are also subject to the equivalent II. Summary of Amendment requirements of the above-mentioned January 1991 and later can qualify as state or local agencies. process changes for compliance This document corrects the definition This notice informs the public of purposes. for ‘‘viscose process change’’ under 40 This action corrects an error by the delegations to the above-mentioned CFR 63.5610 which states that the Agency and makes the regulatory agencies of the above-referenced Federal process change must occur ‘‘no earlier language consistent with the technical regulations. than January 1992.’’ In the CAA section background work that was performed 114 information collection request sent Authority: This notice is issued under the during the development of the to the industry in 1998, EPA requested authority of sections 101, 110, 112, and 301 standards. Thus, it is proper to issue information on source reduction of the CAA, as amended (42 U.S.C. 7401, this final rule correction without notice 7410, 7412, and 7601). measures implemented since 1987. In and comment. their response, Teepak provided Dated: June 15, 2005. DATES: Effective Date: The correction is information on three projects that Martha R. Cuppy, effective on June 24, 2005. reduced emissions per unit length of Acting Regional Administrator, Region 7. FOR FURTHER INFORMATION CONTACT: Mr. food casing produced, and one of these [FR Doc. 05–12577 Filed 6–23–05; 8:45 am] Bill Schrock, Organic Chemicals Group, projects was implemented in January BILLING CODE 6560–50–P Emission Standards Division (C504–04), 1991. According to Teepak, EPA Office of Air Quality Planning and indicated it would credit Teepak for Standards, EPA, Research Triangle Park, emission reductions from that project. ENVIRONMENTAL PROTECTION North Carolina 27711, telephone Noting that the Teepak level of control AGENCY number (919) 541–5032, facsimile was chosen as the MACT floor, Teepak number (919) 541–3470, electronic mail has recommended that the definition for 40 CFR Part 63 (e-mail) address [email protected]. ‘‘viscose process change’’ be amended to [OAR–2003–0193; FRL–7925–8] SUPPLEMENTARY INFORMATION: ‘‘no earlier than January 1991.’’ The definition for ‘‘viscose process RIN 2060–AL91 I. Background change’’ as promulgated effectively National Emission Standards for The EPA, under section 112 of the excludes the 1991 process change at Hazardous Air Pollutants: Cellulose CAA, promulgated the NESHAP for Teepak that was accounted for in our Products Manufacturing cellulose products manufacturing on MACT floor calculations. Since we June 11, 2002 (67 FR 40044). The final established the MACT floor for cellulose AGENCY: Environmental Protection rule, codified at 40 CFR part 63, subpart food casing operations based on the Agency (EPA). UUUU, includes definitions of a process level of emission control achieved at ACTION: Final rule; correction. change for the viscose industry, as well Teepak, we are making the suggested as the cellulose ether industry. revision to the definition for ‘‘viscose SUMMARY: We are taking final action to Following promulgation of the rule, process change.’’ For consistency, we amend the national emission standards Teepak, Inc., requested that we issue are revising the definition for ‘‘cellulose for hazardous air pollutants (NESHAP) specific amendments to the final rule ether process change’’ similarly. for Cellulose Products Manufacturing. changing the date that process changes III. Statutory and Executive Order This amendment will correct the date in that reduced emissions could be utilized Reviews the definition of a process change that for the purpose of demonstrating was included in the final rule. Without compliance. Their request was based on Under Executive Order 12866, this amendment, the earliest date on the calculations for the maximum Regulatory Planning and Review (58 FR

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51735, October 4, 1993), this action is noncontroversial, and is consistent with PART 63—[AMENDED] not a ‘‘significant regulatory action’’ and the technical basis of the rule. Thus, I is, therefore, not subject to review by the notice and public procedure are 1. The authority citation for part 63 Office of Management and Budget unnecessary. We find that this continues to read as follows: (‘‘OMB’’). This action is not a ‘‘major constitutes good cause under 5 U.S.C. Authority: 42 U.S.C. 7401 et seq. rule’’ as defined by 5 U.S.C. 804(2). The 553(b)(B) (see also the final sentence of technical correction does not impose an section 307(d)(1) of the CAA, 42 U.S.C. Subpart UUUU—[Amended] information collection burden under the 7607(d)(1), indicating that the good I 2. Section 63.5610 is amended by provisions of the Paperwork Reduction cause provisions of the APA continue to revising the following definitions in Act of 1995 (44 U.S.C. 3501 et seq.). apply to rulemaking under section paragraph (g) to read as follows: Because EPA has made a ‘‘good 307(d) of the Clean Air Act (CAA). cause’’ finding that this action is not Section 553(d)(3) allows an agency, § 63.5610 What definitions apply to this subject to notice and comment upon a finding of good cause, to make subpart? requirements under the APA or any a rule effective immediately. Because * * * * * other statute, it is not subject to the today’s changes relieve an unintended (g) * * * regulatory flexibility provisions of the restriction, we find good cause to make Cellulose ether process change means Regulatory Flexibility Act (5 U.S.C. 601 these technical corrections effective a change to the cellulose ether process et seq.), or to sections 202 and 205 of the immediately. that occurred no earlier than January Unfunded Mandates Reform Act of 1995 The correction action does not 1991 that allows the recovery of organic (Pub. L. 104–4). In addition, this action involve changes to the technical HAP, reduction in organic HAP usage, does not significantly or uniquely affect standards related to test methods or or reduction in organic HAP leaving the small governments or impose a monitoring methods; thus, the reactor. Includes extended cookout. significant intergovernmental mandate, requirements of section 12(d) of the * * * * * as described in sections 203 and 204 of National Technology Transfer and Viscose process change means a the UMRA. Advancement Act of 1995 (15 U.S.C. change to the viscose process that The correction does not have 272) do not apply. occurred no earlier than January 1991 substantial direct effects on the States, The correction also does not involve that allows either the recovery of carbon or on the relationship between the special consideration of environmental national Government and the States, or disulfide or a reduction in carbon justice-related issues as required by disulfide usage in the process. on the distribution of power and Executive Order 12898, Federal Actions responsibilities among the various to Address Environmental Justice in * * * * * levels of Government, as specified in Minority Populations and Low-Income [FR Doc. 05–12576 Filed 6–23–05; 8:45 am] Executive Order 13132, Federalism (64 Populations (59 FR 7629, February 16, BILLING CODE 6560–50–P FR 43255, August 10, 1999). 1994). Today’s action also does not The Congressional Review Act, 5 significantly or uniquely affect the U.S.C. 801 et seq., as added by SBREFA ENVIRONMENTAL PROTECTION communities of tribal governments, as of 1996, generally provides that before AGENCY specified by Executive Order 13175, a rule may take effect, the agency 40 CFR Part 180 Consultation and Coordination with promulgating the rule must submit a Indian Tribal Governments (65 FR rule report, which includes a copy of [OPP–2005–0155; FRL–7720–2] 67249, November 9, 2000). The the rule, to each House of the Congress technical correction also is not subject and to the Comptroller General of the Trifloxystrobin; Pesticide Tolerances to Executive Order 13045, Protection of U.S. The EPA will submit a report for Emergency Exemptions Children from Environmental Health containing this final action and other and Safety Risks (62 FR 19885, April 23, AGENCY: Environmental Protection required information to the U.S. Senate, Agency (EPA). 1997) because it is not economically the U.S. House of Representatives, and ACTION: Final rule. significant. the Comptroller General of the U.S. The correction is not subject to prior to publication of today’s action in SUMMARY: Executive Order 13211, Actions This regulation establishes a the Federal Register. Today’s action is time-limited tolerance for combined Concerning Regulations That not a ‘‘major rule’’ as defined by 5 Significantly Affect Energy Supply, residues of trifloxystrobin in or on U.S.C. 804(2). The final rule will be soybean, forage; soybean, hay; and Distribution, or Use (66 FR 28355, May effective on June 24, 2005. 22, 2001) because it is not a significant soybean, seed. This action is in response regulatory action under Executive Order List of Subjects in 40 CFR Part 63 to EPA’s granting of an emergency 12866. exemption under section 18 of the Environmental protection, Federal Insecticide, Fungicide, and Section 553 of the Administrative Administrative practice and procedure, Procedure Act (APA), 5 U.S.C. Rodenticide Act (FIFRA) authorizing Air pollution control, Hazardous use of the pesticide on soybeans. This 553(b)(B), provides that, when an substances, Intergovernmental relations, Agency for good cause finds that notice regulation establishes a maximum Reporting and recordkeeping permissible level for residues of and public procedure are impracticable, requirements. unnecessary, or contrary to the public trifloxystrobin in this food commodity. interest, the Agency may issue a rule Dated: June 16, 2005. The tolerances will expire and are without providing notice and an Jeffrey R. Holmstead, revoked on December 31, 2009. opportunity for public comment. We Assistant Administrator for Air and DATES: This regulation is effective June have determined that there is good Radiation. 24, 2005. Objections and requests for cause for making today’s action final I For the reasons set out in the preamble, hearings must be received on or before without prior proposal and opportunity title 40, chapter I, part 63 of the Code of August 23, 2005. for comment because the change to the Federal Regulations is amended as ADDRESSES: To submit a written rule corrects an error, is follows: objection or hearing request follow the

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detailed instructions as provided in B. How Can I Access Electronic Copies result from aggregate exposure to the Unit VII. of the SUPPLEMENTARY of this Document and Other Related pesticide chemical residue, including INFORMATION. EPA has established a Information? all anticipated dietary exposures and all docket for this action under docket In addition to using EDOCKET (http:/ other exposures for which there is identification (ID) number OPP–2005– /www.epa.gov/edocket/), you may reliable information.’’ This includes 0155. All documents in the docket are access this Federal Register document exposure through drinking water and in listed in the EDOCKET index at http:/ electronically through the EPA Internet residential settings, but does not include /www.epa.gov/edocket/. Although listed under the ‘‘Federal Register’’ listings at occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to in the index, some information is not http://www.epa.gov/fedrgstr/. A publicly available, i.e., Confidential give special consideration to exposure frequently updated electronic version of Business Information (CBI) or other of infants and children to the pesticide 40 CFR part 180 is available on E-CFR information whose disclosure is chemical residue in establishing a Beta Site Two at http:// restricted by statute. Certain other tolerance and to ‘‘ensure that there is a www.gpoaccess.gov/ecfr/. material, such as copyrighted material, reasonable certainty that no harm will is not placed on the Internet and will be II. Background and Statutory Findings result to infants and children from publicly available only in hard copy EPA, on its own initiative, in aggregate exposure to the pesticide form. Publicly available docket accordance with sections 408(e) and 408 chemical residue. . . .’’ Section 18 of FIFRA authorizes EPA materials are available either (l)(6) of the Federal Food, Drug, and to exempt any Federal or State agency electronically in EDOCKET or in hard Cosmetic Act (FFDCA), 21 U.S.C. 346a, from any provision of FIFRA, if EPA copy at the Public Information and is establishing a tolerance for combined determines that ‘‘emergency conditions Records Integrity Branch (PIRIB), Room residues of the fungicide trifloxystrobin, exist which require such exemption.’’ 119, Crystal Mall #2, 1801 S. Bell St., (benzeneacetic acid, (E,E)-[alpha]- This provision was not amended by the Arlington, VA. This docket facility is (methoxyimino)-2-[[[[1-[3- open from 8:30 a.m. to 4 p.m., Monday Food Quality Protection Act of 1996 (trifluoromethyl)phenyl]ethylidene] (FQPA). EPA has established regulations through Friday, excluding legal amino]oxy]methyl]-,methylester) and holidays. The docket telephone number governing such emergency exemptions the free form of its acid metabolite in 40 CFR part 166. is (703) 305–5805. CGA–321113 ((E,E)-methoxyimino-[2-[1- FOR FURTHER INFORMATION CONTACT: (3-trifluoromethylphenyl) III. Emergency Exemption for Carmen Rodia, Registration Division ethylideneaminooxymethyl]-phenyl] Trifloxystrobin on Soybeans and (7505C), Office of Pesticide Programs, acetic acid) in or on soybean, forage at FFDCA Tolerances Environmental Protection Agency, 1200 4.0 parts per million (ppm); soybean, Multiple States throughout the United Pennsylvania Ave., NW., Washington, hay at 6.5 ppm; and soybean, seed at States have petitioned the Agency DC 20460–0001; telephone number: 0.04 ppm. These tolerances will expire requesting an emergency exemption for (703) 306–0327; fax number: (703) 308– and are revoked on December 31, 2009. use of trifloxystrobin to control soybean 5433; e-mail address: EPA will publish a document in the rust under the provisions of section 18 [email protected]. Federal Register to remove the revoked of FIFRA. The soybean rust pathogen SUPPLEMENTARY INFORMATION: tolerances from the Code of Federal (Phakopsora pachyrhizi) was recently Regulations (CFR). I. General Information identified in the continental United Section 408(l)(6) of FFDCA requires States. Soybean rust has been A. Does this Action Apply to Me? EPA to establish a time-limited designated as a biosecurity threat by You may be potentially affected by tolerance or exemption from the action of the U.S. Congress and; this action if you are an agricultural requirement for a tolerance for pesticide therefore, it is important that control producer, food manufacturer, or chemical residues in food that will measures be available to soybean pesticide manufacturer. Potentially result from the use of a pesticide under growers in the United States. affected entities may include, but are an emergency exemption granted by Accordingly, EPA has expedited review not limited to: EPA under section 18 of FIFRA. Such under section 18 of FIFRA to authorize • Crop production (NAICS code 111). tolerances can be established without the use of trifloxystrobin on soybeans • Animal production (NAICS code providing notice or period for public for control of soybean rust for requesting 112). comment. EPA does not intend for its states in the United States, having • Food manufacturing (NAICS code actions on FIFRA section 18 related concluded that emergency conditions 311). tolerances to set binding precedents for exist regarding this chemical use. • Pesticide manufacturing (NAICS the application of section 408 of FFDCA As part of its assessment of this code 32532). and the new safety standard to other emergency exemption, EPA assessed the This listing is not intended to be tolerances and exemptions. Section potential risks presented by residues of exhaustive, but rather provides a guide 408(e) of FFDCA allows EPA to trifloxystrobin in or on soybeans. In for readers regarding entities likely to be establish a tolerance or an exemption doing so, EPA considered the safety affected by this action. Other types of from the requirement of a tolerance on standard in section 408(b)(2) of FFDCA, entities not listed in this unit could also its own initiative, i.e., without having and EPA decided that the necessary be affected. The North American received any petition from an outside tolerance under section 408(l)(6) of Industrial Classification System party. FFDCA would be consistent with the (NAICS) codes have been provided to Section 408(b)(2)(A)(i) of FFDCA safety standard and with section 18 of assist you and others in determining allows EPA to establish a tolerance (the FIFRA. Consistent with the need to whether this action might apply to legal limit for a pesticide chemical move quickly on the emergency certain entities. If you have any residue in or on a food) only if EPA exemption in order to address an urgent questions regarding the applicability of determines that the tolerance is ‘‘safe.’’ non-routine situation and to ensure that this action to a particular entity, consult Section 408(b)(2)(A)(ii) of FFDCA the resulting food is safe and lawful, the person listed under FOR FURTHER defines ‘‘safe’’ to mean that ‘‘there is a EPA is issuing this tolerance without INFORMATION CONTACT. reasonable certainty that no harm will notice and opportunity for public

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comment as provided in section exposure to pesticide residues. For the RfD is equal to the NOAEL divided 408(l)(6) of FFDCA. Although these further discussion of the regulatory by the appropriate UF (RfD = NOAEL/ tolerances will expire and are revoked requirements of section 408 of FFDCA UF). Where an additional safety factor is on December 13, 2009, under section and a complete description of the risk retained due to concerns over risk to 408(l)(5) of FFDCA, residues of the assessment process, see the final rule on children’s health, this additional factor pesticide not in excess of the amounts Bifenthrin Pesticide Tolerances (62 FR is applied to the RfD by dividing the specified in the tolerance remaining in 62961, November 26, 1997) (FRL–5754– RfD by such additional factor. The acute or on poultry, soybeans, or swine after 7). or chronic population adjusted dose that date will not be unlawful, provided Consistent with section 408(b)(2)(D) (aPAD or cPAD) is a modification of the the pesticide is applied in a manner that of FFDCA, EPA has reviewed the RfD to accommodate this type of FQPA was lawful under FIFRA, and the available scientific data and other Safety Factor (SF). residues do not exceed a level that was relevant information in support of this For non-dietary risk assessments authorized by these tolerances at the action. EPA has sufficient data to assess (other than cancer) the UF is used to time of that application. EPA will take the hazards of trifloxystrobin and to determine the level of concern (LOC). action to revoke these tolerances earlier make a determination on aggregate For example, when 100 is the if any experience with, scientific data exposure, consistent with section appropriate UF (10x to account for on, or other relevant information on this 408(b)(2) of FFDCA, for a time-limited interspecies differences and 10x for pesticide indicate that the residues are tolerance for combined residues of intraspecies differences) the LOC is 100. not safe. trifloxystrobin in or on soybean, forage To estimate risk, a ratio of the NOAEL Because these tolerances are being at 4.0 ppm; soybean, hay at 6.5 ppm; to exposures (margin of exposure (MOE) approved under emergency conditions, and soybean, seed at 0.04 ppm. EPA’s = NOAEL/exposure) is calculated and EPA has not made any decisions about assessment of the dietary exposures and compared to the LOC. whether trifloxystrobin meets EPA’s risks associated with establishing the The linear default risk methodology registration requirements for use on tolerance follows. (Q*) is the primary method currently soybeans or whether a permanent used by the Agency to quantify A. Toxicological Endpoints tolerance for this use would be carcinogenic risk. The Q* approach appropriate. Under these circumstances, The dose at which no adverse effects assumes that any amount of exposure EPA does not believe that these are observed (the NOAEL) from the will lead to some degree of cancer risk. tolerances serve as a basis for toxicology study identified as A Q* is calculated and used to estimate registration of trifloxystrobin by a State appropriate for use in risk assessment is risk which represents a probability of for special local needs under section used to estimate the toxicological occurrence of additional cancer cases 24(c) of FIFRA. Nor do these tolerances endpoint. However, the lowest dose at (e.g., risk is expressed as 1 x10-6 or one serve as the basis for any State that has which adverse effects of concern are in a million). Under certain specific not been specifically authorized by EPA identified (the LOAEL) is sometimes circumstances, MOE calculations will to use this pesticide on this crop under used for risk assessment if no NOAEL be used for the carcinogenic risk section 18 of FIFRA without following was achieved in the toxicology study assessment. In this non-linear approach, all provisions of EPA’s regulations selected. An uncertainty factor (UF) is a ‘‘point of departure’’ is identified implementing section 18 of FIFRA as applied to reflect uncertainties inherent below which carcinogenic effects are identified in 40 CFR part 166. For in the extrapolation from laboratory not expected. The point of departure is additional information regarding the animal data to humans and in the typically a NOAEL based on an emergency exemption for variations in sensitivity among members endpoint related to cancer effects trifloxystrobin, contact the Agency’s of the human population as well as though it may be a different value Registration Division at the address other unknowns. An UF of 100 is derived from the dose response curve. provided under FOR FURTHER routinely used, 10x to account for To estimate risk, a ratio of the point of INFORMATION CONTACT. interspecies differences and 10x for departure to exposure (MOEcancer = point intra species differences. of departure/exposures) is calculated. A IV. Aggregate Risk Assessment and For dietary risk assessment (other summary of the toxicological endpoints Determination of Safety than cancer) the Agency uses the UF to for trifloxystrobin used for human risk EPA performs a number of analyses to calculate an acute or chronic reference assessment is shown in Table 1 of this determine the risks from aggregate dose (acute RfD or chronic RfD) where unit:

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TABLE 1.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR TRIFLOXYSTROBIN FOR USE IN HUMAN RISK ASSESSMENT

Dose used in risk assessment, FQPA SF* and level of concern Exposure/scenario UF for risk assessment Study and toxicological effects

Acute dietary NOAEL = 250 milligram/kilogram/ FQPA SF = 1x Developmental toxicity—rat (Females 13–49 years of day (mg/kg/day) aPAD = acute RfD/FQPA SF = LOAEL = 500 mg/kg/day based on in- age) UF = 100 2.5 mg/kg/day creased fetal skeletal anomalies. Acute RfD = 2.5 mg/kg/day

Acute Dietary There were no appropriate toxicological effects attributable to a single exposure (dose) observed in oral toxicity (General U.S. population, studies including maternal effects in developmental studies in rats and rabbits. Therefore, a dose and end- including infants and chil- point were not identified for this risk assessment. dren).

Chronic dietary Parental NOAEL = 3.8 mg/kg/day FQPA SF = 1x 2-Generation reproduction study—rat (All populations) UF = 100 cPAD = chronic RfD/FQPA SF = LOAEL = 55.3 mg/kg/day based on de- Chronic RfD = 0.038 mg/kg/day 0.038 mg/kg/day creases in body weight, body weight gains, reduced food consumption, and histopathological lesions in the liver, kidneys, and spleen.

Short- (1 to 30 days) and Offspring NOAEL = 3.8 mg/kg/ LOC for MOE = 100 2-Generation reproduction study—rat intermediate-term (1–6 day (residential, includes FQPA SF) LOAEL = 55.3 mg/kg/day based on re- months) duced pup body weights during lacta- Oral tion.

Short- (1 to 30 days) and Dermal study NOAEL = 100 mg/ LOC for MOE = 100 28-Day dermal toxicity study—rat intermediate-term (1–6 kg/day (occupational) LOAEL = 1,000 mg/kg/day based on in- months) LOC for MOE = 100 creases in mean absolute and relative Dermal (residential, includes FQPA SF) liver and kidney weights.

Long-term (> 6 months) Oral study NOAEL = 3.8 mg/kg/ LOC for MOE = 100 2-Generation reproduction study—rat Dermal day (occupational) LOAEL = 55.3 mg/kg/day based on de- (dermal absorption rate = 33%) LOC for MOE = 100 creases in body weight, body weight (residential, includes FQPA SF) gains, reduced food consumption, and histopathological lesions in the liver, kidneys, and spleen.

Short- (1 to 30 days), Oral study NOAEL = 3.8 mg/kg/ LOC for MOE = 100 2-Generation reproduction study—rat intermediate- (1–6 day (occupational) LOAEL = 55.3 mg/kg/day based on de- months), and long-term (inhalation absorption rate = LOC for MOE = 100 creases in body weight, body weight (> 6 months) 100%) (residential, includes FQPA SF) gains, reduced food consumption, and Inhalation histopathological lesions in the liver, kidneys, and spleen.

Cancer Classification: ‘‘Not Likely Human Carcinogen,’’ based on the lack of evidence of carcinogenicity in mouse and (Oral, dermal, and inhala- rat cancer studies. tion) * The reference to the FQPA SF refers to any additional SF retained due to concerns unique to FQPA.

B. Exposure Assessment exposure. The Dietary Exposure U.S. population, including infants and Evaluation Model software with the children, was not identified. The 1. Dietary exposure from food and Food Commodity Intake Database estimated dietary (food only) exposure feed uses. Tolerances have been (DEEM-FCIDTM), Version 1.3, which for females, 13–49 years old occupies established (40 CFR 180.555) for the incorporates the individual food less than 1% of the aPAD and does not combined residues of trifloxystrobin, in consumption data as reported by exceed EPA’s level of concern. or on a variety of raw agricultural respondents in the United States ii. Chronic exposure. In conducting commodities (RACs). Specifically, Department of Agriculture (USDA) this chronic dietary (food only) tolerances for almonds, barley, carrots, 1994–1996 and 1998 nationwide exposure assessment, EPA used the celery, citrus, field corn, fruiting Continuing Surveys of Food Intake by DEEM-FCIDTM software, incorporating vegetables, hops, pecans, potatoes, rice, Individuals (CSFII) and accumulated the individual food consumption data as stone fruits, sugar beets, and wheat. Risk exposure to the chemical for each reported by respondents in the USDA assessments were conducted by EPA to commodity. The acute dietary (food 1994–1996 and 1998 CSFII and assess dietary exposures from only) exposure analysis for accumulated exposure to the chemical trifloxystrobin in food as follows: trifloxystrobin is unrefined, assuming for each commodity. The chronic i. Acute exposure. Acute dietary (food 100% crop treated and tolerance level dietary (food only) exposure analysis for only) exposure assessments are residues. No additional data were used trifloxystrobin is unrefined, assuming performed for a food-use pesticide if a to refine the analysis. The acute dietary 100% crop treated and tolerance level toxicological study has indicated the endpoint is applicable to the population residues. The chronic dietary endpoint possibility of an effect of concern subgroup females, 13–49 years only. An applies to all population subgroups, occurring as a result of a 1 day or single acute dietary endpoint for the general including infants and children. Risk

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estimates for all population subgroups would likely have on the removal of with treated lawns (this represents the are below EPA’s level of concern (100% pesticides from the source water. The exposure scenario with the highest of the cPAD). primary use of these models by the exposure; conversely, the adult dermal iii. Cancer. EPA’s previous reviews of Agency at this stage is to provide a MOE was 1,300). The highest MOE for data (May 1999) related to coarse screen for sorting out pesticides children was 220,000 from ingestion of trifloxystrobin have determined that for which it is highly unlikely that soil from treated lawns. All calculated trifloxystrobin should be classified as a drinking water concentrations would non-occupational post-application ‘‘Not Likely Human Carcinogen.’’ ever exceed human health levels of MOEs are greater than 100 on the day Accordingly, no additional cancer risk concern. of application and; therefore, did not assessment was performed for Since the models used are considered exceed EPA’s level of concern. trifloxystrobin. to be screening tools in the risk 4. Cumulative effects from substances iv. Anticipated residue and percent assessment process, the Agency does with a common mechanism of toxicity. crop treated (PCT) information. not use estimated environmental Section 408(b)(2)(D)(v) of FFDCA Established and recommended concentrations (EECs) from these requires that, when considering whether tolerances were used in the acute and models to quantify drinking water to establish, modify, or revoke a chronic dietary (food only) exposure exposure and risk as a %RfD or %PAD. tolerance, the Agency consider assessments for trifloxystrobin. The Instead, drinking water levels of ‘‘available information’’ concerning the metabolite L7a (taurine conjugate of comparison (DWLOCs) are calculated cumulative effects of a particular trifloxystrobin) was also included in the and used as a point of comparison pesticide’s residues and ‘‘other exposure assessment for liver, based on against the model estimates of a substances that have a common the amount found in the ruminant pesticide’s concentration in water. mechanism of toxicity.’’ metabolism study. EPA did not apply DWLOCs are theoretical upper limits on Unlike other pesticides for which EPA PCT data for this assessment. DEEM- a pesticide’s concentration in drinking has followed a cumulative risk approach FCIDTM default concentration factors water in light of total aggregate exposure based on a common mechanism of were used except for tomato juice, to a pesticide in food, and from toxicity, EPA has not made a common puree, paste, and catsup. Processing residential uses. Since DWLOCs address mechanism of toxicity finding as to data show no concentration in these total aggregate exposure to trifloxystrobin and any other substances fractions. trifloxystrobin, they are further and trifloxystrobin does not appear to 2. Dietary exposure from drinking discussed in Unit IV.D., aggregate risk. produce a toxic metabolite produced by water. The Agency lacks sufficient Based on the PRZM/EXAMS and SCI- other substances. For the purposes of monitoring exposure data to complete a GROW models, the EECs of this tolerance action; therefore, EPA has comprehensive dietary exposure trifloxystrobin for acute exposures are not assumed that trifloxystrobin has a analysis and risk assessment for estimated to be 48 parts per billion common mechanism of toxicity with trifloxystrobin in drinking water. (ppb) for surface water and 3.4 ppb for other substances. For information Because the Agency does not have ground water. The EECs for chronic regarding EPA’s efforts to determine comprehensive monitoring data, exposures are estimated to be 140 ppb which chemicals have a common drinking water concentration estimates for surface water and 3.4 ppb for ground mechanism of toxicity and to evaluate are made by reliance on simulation or water. the cumulative effects of such modeling taking into account data on 3. From non-dietary exposure. The chemicals, see the policy statements the physical characteristics of term ‘‘residential exposure’’ is used in released by EPA’s OPP concerning trifloxystrobin. this document to refer to non- common mechanism determinations The Agency uses the First Index occupational, non-dietary exposure and procedures for cumulating effects Reservoir Screening Tool (FIRST) or the (e.g., for lawn and garden pest control, from substances found to have a Pesticide Root Zone/Exposure Analysis indoor pest control, termiticides, and common mechanism on EPA’s website modeling system (PRZM/EXAMS) to flea and tick control on pets). at http://www.epa.gov/pesticides/ produce estimates of pesticide Trifloxystrobin is currently registered cumulative/. concentrations in an index reservoir. for use in turf grass and ornamentals. No The Screening Concentration in Ground new residential uses are proposed in C. Safety Factor for Infants and Children Water modeling system (SCI-GROW) is this action. Because FQPA requires 1. In general. Section 408 of FFDCA used to predict pesticide concentrations consideration of aggregate exposure to provides that EPA shall apply an in shallow ground water. For a all likely non-occupational uses, this additional ten-fold margin of safety for screening-level assessment for surface assessment uses non-occupational post- infants and children in the case of water, EPA will generally use FIRST (a application contact with trifloxystrobin threshold effects to account for prenatal tier 2 model) before using PRZM/ following potential use on turf grass as and post-natal toxicity and the EXAMS (a tier 2 model). The FIRST the most common and worst case completeness of the data base on model is a subset of the PRZM/EXAMS contributor to such exposures. The toxicity and exposure, unless EPA model that uses a specific high-end current registered use of trifloxystrobin determines that a different margin of runoff scenario for pesticides. While on turf grass and ornamentals may only safety will be safe for infants and both FIRST and PRZM/EXAMS be applied by a Certified Pest Control children. Margins of safety are incorporate an index reservoir Operator (PCO); therefore, an incorporated into EPA risk assessments environment, the PRZM/EXAMS model assessment of dermal or inhalation either directly through use of an MOE includes a percent crop area factor as an exposure for residential handlers is not analysis or through using UFs in adjustment to account for the maximum required and was not performed. calculating a dose level that poses no percent crop coverage within a EPA calculated MOEs for exposure appreciable risk to humans. watershed or drainage basin. scenarios involving potential residential 2. Discussion. There is no indication None of these models include exposure resulting from the currently of an increased susceptibility of rat or consideration of the impact processing registered uses of the chemical. The rabbit fetuses/pups to pre- and/or post- (mixing, dilution, or treatment) of raw lowest MOE was 800 for children natal exposure to trifloxystrobin. In the water for distribution as drinking water resulting from direct dermal contact developmental and reproduction

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toxicity studies, effects in the fetuses/ (EECs). DWLOC values are not surface and ground water EECs were pups were observed only at or above regulatory standards for drinking water. used to compare against back-calculated treatment levels, which resulted in DWLOCs are theoretical upper limits on DWLOCs for aggregate risk assessments. evidence of parental toxicity. As a a pesticide’s concentration in drinking Short-term risk is based on exposures result, the Agency determined that a water in light of total aggregate exposure occurring over 1 to 30 days. Short-term developmental neurotoxicity (DNT) to a pesticide in food and residential aggregate risk was calculated by study in rats is not required. uses. In calculating a DWLOC, the combining risk estimates for high-end The acute and chronic dietary (food Agency determines how much of the residential oral and/or dermal exposures only) exposure assessments utilize acceptable exposure (i.e., the PAD) is with chronic food and drinking water existing and proposed tolerance level available for exposure through drinking risks. Intermediate-term exposure (1 to 6 residues and 100% crop treated water [e.g., allowable chronic water months) to the parent trifloxystrobin is information for all commodities. By exposure (mg/kg/day) = cPAD - (average not expected to occur in residential using these screening-level assessments, food + chronic non-dietary, non- settings due to its short half-life (about actual exposures/risks will not be occupational exposure)]. This allowable 2 days based on soil and aquatic underestimated. Additionally, the exposure through drinking water is used metabolism studies). Therefore, an exposure assessments will not to calculate a DWLOC. intermediate-term aggregate risk underestimate the potential dietary A DWLOC will vary depending on the assessment was not performed. Chronic (food and drinking water) or non-dietary toxic endpoint, drinking water non-dietary aggregate risk was not exposures for infants and children from consumption, and body weights. Default calculated as chronic dermal and oral the use of trifloxystrobin. body weights and consumption values The dietary drinking water exposures (from residential treatment) as used by the EPA’s Office of Water are are not expected. Cancer aggregate risk assessment utilizes water concentration used to calculate DWLOCs: 2 liter (L)/ values generated by model and was not calculated because 70 kg (adult male), 2L/60 kg (adult trifloxystrobin has been classified as a associated modeling parameters, which female), and 1L/10 kg (child). Default are designed to provide conservative, ‘‘not likely human carcinogen.’’ body weights and drinking water Acute, short-term and chronic health protective, high-end estimates of consumption values vary on an water concentrations, which are not aggregate risk estimates resulting from individual basis. This variation will be aggregate exposure to trifloxystrobin in likely to be exceeded. The residential taken into account in more refined post-application assessment is based food and drinking water were assessed, screening-level and quantitative and are below EPA’s level of concern. upon the residential standard operating drinking water exposure assessments. procedures (SOPs) and is based upon Different populations will have different 3. Acute risk. The acute aggregate risk surrogate study data. These data are DWLOCs. Generally, a DWLOC is assessment takes into account exposure reliable and are not expected to calculated for each type of risk estimates from dietary consumption of underestimate risk to adults or children. assessment used: Acute, short-term, trifloxystrobin from food and drinking The residential SOPs are based upon intermediate-term, chronic, and cancer. water sources. Acute aggregate risk was reasonable ‘‘worst-case’’ assumptions When EECs for surface water and not calculated for the general U.S. and are not expected to underestimate ground water are less than the population (including infants and risk. children or other population subgroups) 3. Conclusion. EPA has evaluated the calculated DWLOCs, EPA concludes with reasonable certainty that exposures as hazard endpoints have not been potential for increased susceptibility of identified for those groups. infants and children from exposure to to trifloxystrobin in drinking water The acute risk estimate for females, trifloxystrobin. There is a complete (when considered along with other 13–49 years, resulting from aggregate toxicity data base for trifloxystrobin and sources of exposure for which EPA has exposure to trifloxystrobin in food and exposure data are complete or are reliable data) would not result in drinking water, is below EPA’s level of estimated based on data that reasonably unacceptable levels of aggregate human concern. DWLOCs were calculated for accounts for potential exposures. The health risk at this time. Because EPA females 13–49 years, the only subgroup Agency has concluded that there are no considers the aggregate risk resulting to which the acute dietary endpoint residual uncertainties for pre- and/or from multiple exposure pathways applies. Surface and ground water EECs post-natal toxicity. Further, based on associated with a pesticide’s uses, levels were used to compare against back- existing hazard data and the quality of of comparison in drinking water may exposure data for trifloxystrobin, EPA vary as those uses change. If new uses calculated DWLOCs for aggregate risk has determined that traditional 10x are added in the future, EPA will assessments. To calculate the DWLOC safety factors are adequately protective reassess the potential impacts of for acute exposure relative to an acute trifloxystrobin on drinking water as a toxicity endpoint, the acute dietary food for all populations, and the special TM FQPA SF need not be applied (e.g., it part of the aggregate risk assessment exposure (from DEEM-FCID ) was has been reduced from 10x to 1x). process. subtracted from the aPAD to obtain the 2. Summary of aggregate risk analysis. acceptable acute exposure to D. Aggregate Risks and Determination of Acute and chronic aggregate risk trifloxystrobin in drinking water. Safety estimates were calculated in this risk The DWLOC was 75,000 ppb for 1. General discussion. To estimate assessment. Acute aggregate risk was females, 13–49 years, a value that is total aggregate exposure to a pesticide calculated by comparing acute DWLOCs well above the EECs for drinking water. from food, drinking water, and to potential drinking water exposure to Therefore, acute aggregate risk is below residential uses, the Agency calculates trifloxystrobin. Similarly, chronic EPA’s level of concern. EPA does not DWLOCs which are used as a point of aggregate risk was calculated by expect the aggregate exposure to exceed comparison against the model estimates comparing chronic DWLOCs to 100% of the aPAD, as shown in Table of a pesticide’s concentration in water potential drinking water exposure. The 2 of this unit:

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TABLE 2.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO TRIFLOXYSTROBIN

aPAD Surface Ground Acute Population subgroup (mg/kg/day) % aPAD Water EEC Water EEC DWLOC (Food) (ppb) (ppb) (ppb)

Females 13–49 years 2.5 < 1 92 (turf) 3.4 75,000 48 (rice)

4. Chronic risk. For the chronic exposure relative to an chronic toxicity DWLOCs ranged from 170 ppb for aggregate risk scenario, potential food endpoint, the chronic dietary food children to 1,200 ppb for adults aged 50 and drinking water exposures were exposure (from DEEM-FCIDTM) was years and older. These values are above analyzed. Chronic exposure in subtracted from the cPAD to obtain the the EECs for drinking water. Therefore, residential settings is not expected. The acceptable chronic exposure to chronic aggregate risk is below EPA’s surface and ground water EECs were trifloxystrobin in drinking water. level of concern. EPA does not expect used to compare against back-calculated DWLOCs were calculated for the the aggregate exposure to exceed 100% DWLOCs for aggregate risk assessments. general U.S. population, children aged of the cPAD, as shown in Table 3 of this To calculate DWLOCs for chronic 1–2 years, females aged 13–49 years and unit: adults aged 50 years and older.

TABLE 3.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO TRIFLOXYSTROBIN

cPAD Surface Ground Chronic Population subgroup (mg/kg/day) % cPAD Water EEC Water EEC DWLOC (Food) (ppb) (ppb) (ppb)

General U.S. population 0.038 15 140 (rice) 3.4 1,100 50 (turf)

Children 1–2 years 54 170

5. Short-term risk. Short-term Therefore, based on the best available ranged from 130 ppb for children to aggregate exposure takes into account data and current policies, potential risks 1,200 ppb for adults aged 50 years and residential exposure plus chronic do not exceed EPA’s level of concern. older. Although the surface water EEC exposure to food and water (considered A short-term risk assessment was not for rice (140 ppb) exceeds the DWLOC to be a background exposure level). required for adults, because no for children (130 ppb), EPA does not Though residential exposure could incidental oral exposure is expected for believe this is a cause for concern, occur with the use of trifloxystrobin, the adults. A short-term risk assessment was because the surface water estimate for potential short-term exposures were not performed for infants and children rice is considered to be a gross because of residential post-application aggregated with chronic dietary food overestimate of the true value found in oral exposure scenarios. Incidental oral and water exposures because the toxic the environment. EPA’s careful analysis exposure for toddlers is assumed to effects are different. Different endpoints include hand-to-mouth exposure, indicates that the turf grass estimate (50 have been identified for short-term object-to-mouth exposure and exposure ppb) is a more realistic estimate of incidental oral and dermal risk through incidental ingestion of soil. drinking water residues. Thus, EPA assessment (the basis for the oral DWLOCs were calculated for the does not consider short-term aggregate endpoint is reduced pup body weights general U.S. population, children aged risk for children to exceed the Agency’s and the dermal endpoint is based on 1–2 years, females aged 13–49 years and level of concern, as shown in Table 4 of increases in liver and kidney weights). adults 50 years and older. DWLOCs this unit:

TABLE 4.—AGGREGATE RISK ASSESSMENT FOR SHORT-TERM EXPOSURE TO TRIFLOXYSTROBIN

Aggregate MOE Aggregate Level of Surface Water EEC Ground Water EEC Short-Term DWLOC Population subgroup (Food + Residential) Concern (LOC) (ppb) (ppb) (ppb)

General U.S. popu- 690 100 140 (rice) 3.4 1,100 lation 50 (turf)

All infants < 1 year 190 180

Children 1–2 years 150 130

Females 13–49 970 1,000 years

Adults > 50 years 950 1,200

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6. Intermediate-term risk. Science Center, 701 Mapes Road, Ft. the first page of your submission. All Intermediate-term aggregate exposure Meade, MD 20755–5350; telephone requests must be in writing, and must be takes into account non-dietary, non- number: (410) 305–2905; e-mail address: mailed or delivered to the Hearing Clerk occupational exposure plus chronic [email protected]. on or before August 23, 2005. exposure to food and water (considered B. International Residue Limits 1. Filing the request. Your objection to be a background exposure level). An must specify the specific provisions in intermediate-term aggregate risk There are no Codex, Canadian, or the regulation that you object to, and the assessment (1 to 6 months of exposure Mexican maximum residue limits grounds for the objections (40 CFR part to trifloxystrobin residues from food, (MRLs) established for trifloxystrobin. 178.25). If a hearing is requested, the drinking water, and residential pesticide Harmonization is thus not an issue at objections must include a statement of uses) is not expected to occur based on this time. the factual issues(s) on which a hearing the short soil half-life of trifloxystrobin C. Conditions is requested, the requestor’s contentions (about 2 days). Therefore, EPA did not on such issues, and a summary of any perform an intermediate-term aggregate There are no conditions for evidence relied upon by the objector (40 risk assessment. registration placed on these time-limited CFR part 178.27). Information submitted 7. Aggregate cancer risk for U.S. tolerances. in connection with an objection or population. EPA has concluded that VI. Conclusion hearing request may be claimed trifloxystrobin should be classified as a confidential by marking any part or all Therefore, tolerances are established ‘‘Not Likely Human Carcinogen.’’ Due to of that information as CBI. Information for combined residues of trifloxystrobin, the classification, an aggregate cancer so marked will not be disclosed except (benzeneacetic acid, (E,E)-[alpha]- risk assessment was not performed. in accordance with procedures set forth (methoxyimino)-2-[[[[1-[3- 8. Determination of safety. Based on in 40 CFR part 2. A copy of the (trifluoromethyl) these risk assessments, EPA concludes information that does not contain CBI phenyl]ethylidene]amino]oxy]methyl]- that there is a reasonable certainty that must be submitted for inclusion in the ,methylester) and the free form of its no harm will result to the general U.S. public record. Information not marked acid metabolite CGA–321113 ((E,E)- population, and to infants and children confidential may be disclosed publicly methoxyimino-[2-[1-(3- from aggregate exposure to by EPA without prior notice. trifloxystrobin residues. trifluoromethylphenyl) ethylideneaminooxymethyl]- Mail your written request to: Office of V. Other Considerations phenyl]acetic acid) in or on soybean, the Hearing Clerk (1900L), Environmental Protection Agency, 1200 A. Analytical Enforcement Methodology forage at 4.0 ppm, soybean, hay at 6.5 ppm; and soybean, seed at 0.04 ppm. Pennsylvania Ave., NW., Washington, EPA has completed a method DC 20460–0001. You may also deliver validation trial of AG–659A on apples, VII. Objections and Hearing Requests your request to the Office of the Hearing cow liver, cow milk, grapes, peanut hay, Under section 408(g) of FFDCA, as Clerk in Suite 350, 1099 14th St., NW., peanuts, raisins, summer squash, and amended by FQPA, any person may file Washington, DC 20005. The Office of wet apple pomace and concluded that an objection to any aspect of this the Hearing Clerk is open from 8 a.m. AG–659A is suitable for enforcement of regulation and may also request a to 4 p.m., Monday through Friday, trifloxystrobin and the free form of its hearing on those objections. The EPA excluding legal holidays. The telephone acid metabolite in plant and livestock procedural regulations which govern the number for the Office of the Hearing commodities. The analytical methods, submission of objections and requests Clerk is (202) 564–6255. AG–659A or AG–659A/REM 177.04, are for hearings appear in 40 CFR part 178. 2. Copies for the Docket. In addition adequate for collecting data for residues Although the procedures in those to filing an objection or hearing request of trifloxystrobin and its acid metabolite regulations require some modification to with the Hearing Clerk as described in CGA–321113 in or on soybeans. reflect the amendments made to the Unit VII.A., you should also send a copy The regulable residue was tested in FFDCA by FQPA, EPA will continue to of your request to the PIRIB for its accordance with the Pesticide use those procedures, with appropriate inclusion in the official record that is Analytical Manual (PAM), Volume I, adjustments, until the necessary described in ADDRESSES. Mail your Appendix II. Trifloxystrobin gave modifications can be made. The new copies, identified by the docket ID adequate responses through protocol C, section 408(g) of FFDCA provides number OPP–2005–0155, to: Public and was completely recovered from essentially the same process for persons Information and Records Integrity fortified apple samples when analyzed to ‘‘object’’ to a regulation for an Branch, Information Resources and through protocols D and E. Acid exemption from the requirement of a Services Division (7502C), Office of metabolite CGA–321113 was tolerance issued by EPA under new Pesticide Programs, Environmental recoverable through protocol B and section 408(d) of FFDCA, as was Protection Agency, 1200 Pennsylvania residues from apples fortified with provided in the old sections 408 and Ave., NW., Washington, DC 20460– CGA–321113 were completely 409 of FFDCA. However, the period for 0001. In person or by courier, bring a recovered through Section 402 E2/C1 filing objections is now 60 days, rather copy to the location of the PIRIB (extraction with methylene chloride). than 30 days. described in ADDRESSES. You may also The enforcement method has been send an electronic copy of your request forwarded to the Food and Drug A. What Do I Need to Do to File an via e-mail to: [email protected]. Administration (FDA) for inclusion in Objection or Request a Hearing? Please use an ASCII file format and the PAM II. You must file your objection or avoid the use of special characters and Adequate enforcement methodology request a hearing on this regulation in any form of encryption. Copies of (example—gas chromatography) is accordance with the instructions electronic objections and hearing available to enforce the tolerance provided in this unit and in 40 CFR part requests will also be accepted on disks expression. The method may be 178. To ensure proper receipt by EPA, in WordPerfect 6.1/8.0 or ASCII file requested from: Chief, Analytical you must identify docket ID number format. Do not include any CBI in your Chemistry Branch, Environmental OPP–2005–0155 in the subject line on electronic copy. You may also submit an

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electronic copy of your request at many of FFDCA, such as the tolerance in this Thus, Executive Order 13175 does not Federal Depository Libraries. final rule, do not require the issuance of apply to this rule. a proposed rule, the requirements of the B. When Will the Agency Grant a IX. Congressional Review Act Request for a Hearing? Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply. In The Congressional Review Act, 5 A request for a hearing will be granted addition, the Agency has determined U.S.C. 801 et seq., as added by the Small if the Administrator determines that the that this action will not have a Business Regulatory Enforcement material submitted shows the following: substantial direct effect on States, on the Fairness Act of 1996, generally provides There is a genuine and substantial issue relationship between the national that before a rule may take effect, the of fact; there is a reasonable possibility government and the States, or on the agency promulgating the rule must that available evidence identified by the distribution of power and submit a rule report, which includes a requestor would, if established resolve responsibilities among the various copy of the rule, to each House of the one or more of such issues in favor of levels of government, as specified in Congress and to the Comptroller General the requestor, taking into account Executive Order 13132, entitled of the United States. EPA will submit a uncontested claims or facts to the report containing this rule and other contrary; and resolution of the factual Federalism (64 FR 43255, August 10, 1999). Executive Order 13132 requires required information to the U.S. Senate, issues(s) in the manner sought by the the U.S. House of Representatives, and requestor would be adequate to justify EPA to develop an accountable process the Comptroller General of the United the action requested (40 CFR part to ensure ‘‘meaningful and timely input States prior to publication of this final 178.32). by State and local officials in the development of regulatory policies that rule in the Federal Register. This final VIII. Statutory and Executive Order have federalism implications.’’ ‘‘Policies rule is not a ‘‘major rule’’ as defined by Reviews that have federalism implications’’ is 5 U.S.C. 804(2). This final rule establishes a time- defined in the Executive order to limited tolerance under section 408 of include regulations that have List of Subjects in 40 CFR Part 180 FFDCA. The Office of Management and ‘‘substantial direct effects on the States, Environmental protection, Budget (OMB) has exempted these types on the relationship between the national Administrative practice and procedure, of actions from review under Executive government and the States, or on the Agricultural commodities, Pesticides Order 12866, entitled Regulatory distribution of power and and pests, Reporting and recordkeeping Planning and Review (58 FR 51735, responsibilities among the various requirements. October 4, 1993). Because this rule has levels of government.’’ This final rule been exempted from review under directly regulates growers, food Dated: June 17, 2005. Executive Order 12866 due to its lack of processors, food handlers, and food Lois Rossi, significance, this rule is not subject to retailers, not States. This action does not Director, Registration Division, Office of Executive Order 13211, Actions alter the relationships or distribution of Pesticide Programs. Concerning Regulations That power and responsibilities established I Significantly Affect Energy Supply, Therefore, 40 CFR chapter I is by Congress in the preemption amended as follows: Distribution, or Use (66 FR 28355, May provisions of section 408(n)(4) of the 22, 2001). This final rule does not FFDCA. For these same reasons, the PART 180—[AMENDED] contain any information collections Agency has determined that this rule subject to OMB approval under the does not have any ‘‘tribal implications’’ I 1. The authority citation for part 180 Paperwork Reduction Act (PRA), 44 continues to read as follows: U.S.C. 3501 et seq., or impose any as described in Executive Order 13175, enforceable duty or contain any entitled Consultation and Coordination Authority: 21 U.S.C. 321(q), 346a and 371. with Indian Tribal Governments (65 FR unfunded mandate as described under I 2. Section 180.555 is amended by Title II of the Unfunded Mandates 67249, November 6, 2000). Executive adding text to paragraph (b) to read as Reform Act of 1995 (UMRA) (Public Order 13175, requires EPA to develop follows: Law 104–4). Nor does it require any an accountable process to ensure special considerations under Executive ‘‘meaningful and timely input by tribal § 180.555 Trifloxystrobin; tolerances for Order 12898, entitled Federal Actions to officials in the development of residues. Address Environmental Justice in regulatory policies that have tribal * * * * * Minority Populations and Low-Income implications.’’ ‘‘Policies that have tribal (b) * * * Time-limited Populations (59 FR 7629, February 16, implications’’ is defined in the tolerances are established for combined 1994); or OMB review or any Agency Executive order to include regulations residues of the fungicide trifloxystrobin, action under Executive Order 13045, that have ‘‘substantial direct effects on (benzeneacetic acid, (E,E)-[alpha]- entitled Protection of Children from one or more Indian tribes, on the (methoxyimino)-2-[[[[1-[3- Environmental Health Risks and Safety relationship between the Federal (trifluoromethyl)phenyl] Risks (62 FR 19885, April 23, 1997). Government and the Indian tribes, or on ethylidene]amino]oxy]methyl]- This action does not involve any the distribution of power and ,methylester) and the free form of its technical standards that would require responsibilities between the Federal acid metabolite CGA–321113 ((E,E)- Agency consideration of voluntary Government and Indian tribes.’’ This methoxyimino-[2-[1-(3- consensus standards pursuant to section rule will not have substantial direct trifluoromethylphenyl) 12(d) of the National Technology effects on tribal governments, on the ethylideneaminooxymethyl]- Transfer and Advancement Act of 1995 relationship between the Federal phenyl]acetic acid) in connection with (NTTAA), Public Law 104–113, section Government and Indian tribes, or on the the use of the pesticide under FIFRA 12(d) (15 U.S.C. 272 note). Since distribution of power and section 18 emergency exemptions tolerances and exemptions that are responsibilities between the Federal granted by EPA. The tolerances will established on the basis of a FIFRA Government and Indian tribes, as expire and are revoked on the date section 18 exemption under section 408 specified in Executive Order 13175. specified in the table in this unit.

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Expiration/ On page 23752, there are three CPT (Catalog of Federal Domestic Assistance Parts per Program No. 93.774, Medicare— Commodity million revocation codes erroneously included in the list of date ASC covered procedures. These CPT Supplementary Medical Insurance Program) codes are not on the ASC list because Dated: June 20, 2005. Soybean, forage 4.0 12/31/09 Soybean, hay .... 6.5 12/31/09 they were discontinued for 2005. Ann C. Agnew, Soybean, seed .. 0.04 12/31/09 Therefore on page 23752, remove CPT Executive Secretary to the Department. codes 50559, Renal endoscopy/ [FR Doc. 05–12522 Filed 6–23–05; 8:45 am] * * * * * radiotracer, 50959, Ureter endoscopy BILLING CODE 4120–01–P and tracer, and 50978, Ureter endoscopy [FR Doc. 05–12447 Filed 6–23–05; 8:45 am] and tracer. BILLING CODE 6560–50–S The final error is one of omission. DEPARTMENT OF COMMERCE One public comment and the response National Oceanic and Atmospheric DEPARTMENT OF HEALTH AND were not included in the May 4, 2005 Administration HUMAN SERVICES interim final rule. That comment and response are as follows: 50 CFR Part 300 Centers for Medicare & Medicaid Comment: We received one comment Services requesting that we add CPT code 55873, Cryosurgical ablation of the prostate, to [Docket No. 050125016–5097–02; I.D. 42 CFR Part 416 the ASC list. The commenter also asked 061605B] [CMS–1478–CN] that we assign the procedure to a newly Pacific Halibut Fisheries; Oregon Sport created payment group with a higher Fisheries RIN 0938–AN23 rate than current payment group 9. The Medicare Program; Update of commenter believes that the procedure AGENCY: National Marine Fisheries Ambulatory Surgical Center List of meets the criteria for inclusion on the Service (NMFS), National Oceanic and Covered Procedures; Correction ASC list and that adding it to the list Atmospheric Administration (NOAA), will permit reasonable site-of-service Commerce. AGENCY: Centers for Medicare & flexibility for physicians. ACTION: Temporary rule; inseason Medicaid Services (CMS), HHS. Response: We agree with the adjustment; request for comments. ACTION: Correction of interim final rule commenter that the procedure meets the with comment period. criteria for inclusion on the ASC list. SUMMARY: NMFS announces changes to the regulations for the Area 2A sport SUMMARY: This document corrects Utilization data show that the service is halibut fisheries off the central coast of technical errors that appeared in the performed most of the time in the Oregon. This action would clarify the interim final rule with comment period hospital outpatient setting and our halibut regulations for the central published in the Federal Register on medical staff agreed that it is Oregon coast sport fishery sub-area to May 4, 2005 entitled ‘‘Medicare appropriate for the ASC setting. We specify that halibut may be onboard Program; Update of Ambulatory cannot however, create a new, higher recreational fishing vessels trolling for Surgical Center List of Covered payment level for this procedure salmon within the Oregon yelloweye Procedures.’’ because we do not have data upon which to base new payment rates and rockfish conservation area (YRCA). The DATES: Effective July 1, 2005. because the Congress has relieved us of purpose of this action is to allow FOR FURTHER INFORMATION CONTACT: performing a new survey and has, recreational salmon vessels to retain Dana Burley, (410) 786–0378. instead, mandated development of a halibut caught legally outside of the SUPPLEMENTARY INFORMATION: new payment system. Therefore, we YRCA while those vessels are legally fishing for salmon within the YRCA. I. Background assigned the procedure to Group 9, the highest paying of the existing payment DATES: Effective June 24, 2005, through In FR Doc. 05–8875 of May 4, 2005 groups under which payments for ASC the 2006 annual management measures (70 FR 23690), there were several facility services are currently made. which will publish in a later Federal technical errors that are identified and III. Waiver of Proposed Rulemaking Register document. Comments must be corrected in the Correction of Errors received no later than 5 p.m., local time, section below. The provisions in this We ordinarily publish a notice of on July 11, 2005. correction notice are effective as if they proposed rulemaking in the Federal ADDRESSES: had been included in the document You may submit comments, Register to provide a period for public identified by I.D. 061605B by any of the published May 4, 2005. Accordingly, comment before the provisions of a the corrections are effective July 1, 2005. following methods: notice take effect. We can waive this • E-mail: II. Correction of Errors procedure, however, if we find good [email protected]: In FR Doc. 05–8875 of May 4, 2005 cause that notice and comment Include 061605B in the subject line of (70 FR 23690), make the following procedure is impracticable, the message. corrections: unnecessary, or contrary to the public • Federal eRulemaking Portal: http:// On page 23690, in the first column, in interest and incorporate a statement of www.regulations.gov. Follow the the ‘‘Effective Date’’ section, the the finding and the reasons for it into instructions for submitting comments. effective date of July 5, 2005 is an error. the notice issued. • Fax: 206–526–6736, Attn: Yvonne Remove ‘‘July 5, 2005’’ and add in its We find it unnecessary to undertake deReynier place ‘‘July 1, 2005.’’ notice and comment rulemaking • Mail: D. Robert Lohn, On page 23710, in section IV, Waiver because this notice merely provides Administrator, Northwest Region, of Proposed Rulemaking, in column 2, technical corrections to the regulations. NMFS, 7600 Sand Point Way NE, in lines 1 and 8, remove ‘‘July 5, 2005’’ Therefore, we find good cause to waive Seattle, WA 98115–0070, Attn: Yvonne and add in its place ‘‘July 1, 2005.’’ notice and comment procedures. deReynier.

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FOR FURTHER INFORMATION CONTACT: drag hooks behind a moving fishing are again able to retain halibut they have Yvonne deReynier (NMFS, Northwest vessel. In that portion of the fishery caught legally outside of the YRCA Region), phone: 206–526–6129. management area off Oregon and while they are legally fishing for salmon SUPPLEMENTARY INFORMATION: Washington, the line or lines must be within the YRCA. Section 25 of the 2005 International Pacific Halibut affixed to the vessel and must not be Pacific halibut regulations provides Commission (IPHC) annual management intentionally disengaged from the vessel NMFS with the authority to make measures for the Pacific halibut fisheries at any time during the fishing certain inseason management changes, were published on February 25, 2005 operation.’’ (70 FR 23054, May 4, 2005) provided that the action is necessary to (70 FR 9242). The Area 2A Catch Recreational salmon gear does not allow allocation objectives to be met, Sharing Plan for Pacific halibut off tend to have the same interactions with and that the action will not result in Washington, Oregon, and California yelloweye rockfish as halibut bottom- exceeding the catch limit for the area. was implemented subsequently at 70 FR tending hook-and-line gear. Therefore, This action would allow halibut 20304, April 19, 2005. Those regulations recreational salmon fishing is permitted allocation objectives to be met by established a YRCA within the Oregon within the YRCA during the salmon ensuring that anglers who wish to fish central coast sport fishery subarea (Cape season off the central Oregon coast. for halibut and salmon on the same day Falcon, OR to Humbug Mountain, OR), Stonewall Bank, where the YRCA is have access to both of those species. among other management measures. located, is a popular salmon fishing This action would encourage anglers to The YRCA is intended to protect location because it is relatively easy to fish offshore of the YRCA for halibut, access from the port of Newport, OR, yelloweye rockfish from incidental while still allowing them to access the and because salmon and other species catch in the sport halibut fishery, which recreational salmon quota at Stonewall congregate there to feed. While allowing uses bottom-tending gear that tends to Bank. This action will not result in recreational salmon fishing within the catch both halibut and rockfish. This exceeding the central Oregon coast YRCA is not problematic from a closed area is located on Stonewall catch limit. The central Oregon coast yelloweye rockfish conservation Bank, an ocean area of high sealife sport fishery for halibut is managed as perspective, it can be problematic from abundance located offshore and a quota fishery, meaning that the fishery an enforcement perspective. Hook-and- southwest of Newport, Oregon. will close when the quota has been line recreational salmon fishing pole Sport fishing for halibut off the achieved, regardless of where anglers gear essentially looks the same as are permitted to fish within the sub- central Oregon coast is managed in two recreational halibut fishing pole gear area-specific fisheries. The fishery area. from the ocean surface. Thus, it would In consultation with the Oregon shoreward of a boundary line be extremely difficult for an approximating the 40–fm (73.2–m) Department of Fish and Wildlife and the enforcement officer to accurately IPHC, NMFS has decided to revise depth contour is open from May 1 determine whether an angler were using through October 31 and participants Federal regulations to clarify that that gear to fish for salmon or halibut. recreational vessels trolling for salmon tend to take halibut incidentally to To facilitate enforcement of the fisheries targeting other nearshore within the YRCA may retain halibut on prohibition against recreational halibut board. This action is not expected to species. Seaward of the boundary line fishing within the YRCA, recreational approximating the 40–fm (73.2–m) result in bycatch of overfished fishing for salmon with any gear other groundfish species above the amounts depth contour, the halibut fishery is than troll gear is prohibited within the more intense, and is open for alternating previously projected to be taken in YRCA on days when the all-depth Oregon sport fisheries in 2005, weekends in the spring and summer, recreational halibut fishery is open (70 depending on quota availability. See the particularly the 6.7 mt estimated for FR 23054, May 4, 2005), at 23060, yelloweye rockfish taken in the final rule implementing the 2005 West Section 2, paragraph A, Cape Falcon, Coast Pacific halibut regulations for Washington and Oregon sport fisheries, OR to Humbug Mountain, OR). combined. season details (70 FR 20304, April 19, Federal halibut regulations at Section 2005). The YRCA is in waters offshore 24(12) at 70 FR 9249, February 25, 2005, NMFS Action of the boundary line approximating the state that for vessels sport fishing for For the reasons stated above, NMFS 40–fm (73.2–m) depth contour, thus it halibut, ‘‘No person shall be in announces the following change to the applies only to vessels participating in possession of halibut on a vessel while 2005 annual management measures (70 the all-depth halibut fishery on days fishing in a closed area.’’ This regulation FR 20304, April 19, 2005) to read as when that fishery is open. has been in place since the early 1990s follows: Recreational fishing for salmon occurs and is intended to aid in the Catch 1. On page 20308, in section 24. Sport in similar waters to the recreational Sharing Plan’s intent that the halibut Fishing for Halibut, the introductory halibut fishery, although the sport fishery be managed with seven text to paragraph (4)(b)(v)(E) in the recreational salmon season is usually separate sub-areas with different open middle column is revised to read as open for more days than the halibut and closed periods. Each of the seven follows: season. Also similar to the halibut sub-areas, from Puget Sound, WA to fishery, recreational salmon fishermen northern California, has its own quota 24. Sport Fishing for Halibut use hook-and-line gear. Unlike halibut and different open dates. This closed * * * * * hook-and-line gear, salmon gear is not area halibut retention prohibition, (4) * * * tended so that hooks stay on or near the however, inadvertently conflicts with (b) * * * bottom, mainly because most salmon do the intent of Federal salmon regulations (v) * * * not range as close to the ocean bottom by unnecessarily restricting anglers who (E) A yelloweye rockfish conservation as halibut. In addition to fishing with fish for halibut outside of the YRCA and area off central Oregon is closed to sport hooks dropped from one or more fishing who wish to also troll for salmon within fishing for halibut. Notwithstanding poles, salmon anglers may also troll for the YRCA. Section 24(12) at 70 FR 9249, February salmon. Troll fishing gear is defined in NMFS believes that it is necessary to 25, 2005, halibut may be retained the 2005 annual West Coast salmon clarify Federal halibut regulations to onboard recreational fishing vessels regulations as ‘‘One or more lines that ensure that recreational salmon trollers trolling for salmon while those vessels

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are operating within this closed area. because it would prevent fishers from contrary to public interest because that This area is defined by the following having access to recreational salmon time would reduce public opportunities coordinates in the order listed: * * * fishing opportunities in an otherwise to participate in the recreational salmon * * * * * legal salmon fishing area. and halibut fisheries. Without the regulatory revision For the above reasons, the AA has Classification provided in this document, the also determined that good cause exists This action is authorized by section combined halibut and salmon to waive the delay of effectiveness of 25 of the IPHC regulations published at regulations exclude recreational salmon this action under 5 U.S.C. 553(d)(1) and 70 FR 20304 (April 19, 2005). The trollers from accessing their salmon (d)(3). determination to take these actions is quota within the YRCA on days when Public comments will be received for based on the most recent data available. the all-depth halibut fishery is open, if a period of 15 days after the publication The Assistant Administrator for they have halibut onboard the vessel. in the Federal Register. This action is Fisheries, NOAA (AA), has determined The all-depth halibut fishery is authorized by section 25 of the IPHC’s that good cause exists for this document currently closed, but is scheduled to re- annual management measures for to be published without affording a open on June 30, 2005. NMFS first Pacific halibut fisheries published on prior opportunity for public comment learned of the inadvertent effect of its April 19, 2005 (70 FR 20304), and has under 5 U.S.C. 553(b)(B) because doing combined halibut and salmon been determined to be not significant for so would be impracticable and contrary regulations on May 26, 2005. There was purposes of Executive Order 12866. to the public interest. Providing prior not sufficient time between receiving Authority: 16 U.S.C. 773.773k. notice and opportunity for public this information and June 30, 2005 to comment would be impracticable afford the public prior notice and Dated: June 21, 2005. because the fishery affected by this opportunity for comment on this notice, Alan D. Risenhoover, action is scheduled to re-open on June making prior public notice and Acting Director, Office of Sustainable 30, 2005. Providing prior notice and comment opportunity impracticable. Fisheries, National Marine Fisheries Service. opportunity for public comment would Providing time for public notice and [FR Doc. 05–12585 Filed 6–23–05; 8:45 am] also be contrary to public interest comment on this notice would be BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 70, No. 121

Friday, June 24, 2005

This section of the FEDERAL REGISTER Comments may be inspected in the payments for cottonseed loss in eligible contains notices to the public of the proposed Office of the Director, PSD, FSA, USDA, counties based on a comparison of a issuance of rules and regulations. The Room 4095, South Building, producer’s production in the year before purpose of these notices is to give interested Washington, DC, between 8 a.m. and the disaster (making the 2003 crop year persons an opportunity to participate in the 4:30 p.m. Monday through Friday, the base year) to the amount produced rule making prior to the adoption of the final rules. except holidays. A copy of this in 2004, the year of the hurricanes. proposed rule is available on the PSD Generally, a gin’s eligibility will be Web site at http://www.fsa.usda.gov/ based on the lint lost to gins in DEPARTMENT OF AGRICULTURE dafp/psd. deliveries of 2004-crop cotton because Comments on the information of reductions in lint production in Commodity Credit Corporation collection requirements of this rule eligible counties adjusted for changes in must also be sent to the addresses listed plantings and for crop losses due to 7 CFR Part 1427 in the Paperwork Reduction Act section other causes. This rule proposes special of this notice. RIN 0560–AH29 provisions for producers who for the FOR FURTHER INFORMATION CONTACT: 2004 crop were new producers, and for Cottonseed Payment Program Chris Kyer, phone: (202) 720–7935; e- producers who delivered, or would have mail: [email protected]. delivered, cotton to more than one gin. AGENCY: Commodity Credit Corporation, SUPPLEMENTARY INFORMATION: Accordingly, whereas previous USDA. cottonseed programs have covered all ACTION: Proposed rule. Background cottonseed, benefits here will be tied to Section 104 of Division B of the 2004 losses of cottonseed because of eligible SUMMARY: This rule proposes regulations Act (Pub. L. 108–324), requires the losses of delivered cotton lint in eligible to implement provisions of the Military Commodity Credit Corporation (CCC) to disaster counties. Comment is invited Construction Appropriations and provide assistance to producers and on all aspects of the proposed Emergency Hurricane Supplemental first-handlers of the 2004 crop of regulations. Appropriations Act, 2005, enacted on cottonseed in counties declared a CCC will announce a period during October 13, 2004 (‘‘2004 Act’’) to disaster by the President of the United which U.S. cotton gins may apply for provide assistance to producers and States due to hurricanes. Section 789 of cottonseed payments. To participate, first-handlers of the 2004 crop of Division A of the Consolidated cotton gins must complete an cottonseed in counties declared a Appropriations Act, 2005 (Pub. L. 108– application form including: (1) disaster by the President of the United 447) further amended section 104 of Applicant name, address, and a contact States due to 2004 hurricanes and Division B of the 2004 Act by adding as person and phone; (2) bank account tropical storms. eligible counties those which were information for payees electing to have DATES: Comments on this rule must be declared disasters because of tropical payments made by direct account received July 25, 2005 in order to be storms. The 2004 Act appropriated $10 deposit; (3) the gin 5-digit identifying assured consideration. Comments on the million for these payments. As code; (4) the weight (in pounds) of information collection in this rule must amended, the provisions of section 104 cotton lint for which payment is be received by August 23, 2005 in order read in full: requested; and (5) the number of bales to be assured consideration. The Secretary of Agriculture shall use of cotton ginned from the applicable lint ADDRESSES: The Farm Service Agency $10,000,000 to provide assistance to weight. CCC must receive the invites interested persons to submit producers and first handlers of the 2004 crop application within the announced comments on this proposed rule and on of cottonseed located in counties declared a application period. the collection of information. Comments disaster by the President of the United States So that the basic method of operation may be submitted by any of the in 2004 due to hurricanes or tropical storms. of the proposed rule is clear, the following methods: Further, section 105 of Division B of following example is offered: E-Mail: Send comments to the same Act provides that the funds, Example: [email protected] facilities and authorities of the CCC 1. Producer A grows 450 acres of 2004 Fax: Submit comments by facsimile shall be used to carry out Section 104. cotton in an eligible county and gin A transmission to (202) 690–3307. CCC most recently operated a obtains 225,000 pounds of lint from that Mail: Submit comments to Grady Cottonseed Payment Program in 2003, cotton. Producer A grew 500 acres of Bilberry, Director, Price Support the 2002-Crop Cottonseed Payment 2003 cotton, and gin A obtained 375,000 Division (PSD), Farm Service Agency Program (68 FR 20332, April 25, 2003). pounds of lint weight from the 2003 (FSA), United States Department of This rule proposes that the 2004 cotton. Agriculture (USDA), STOP 0512, Room Cottonseed Payment Program operate 2. Gin A calculates the producer’s loss 4095–S, 1400 Independence Avenue, somewhat like the 2002 program in that in lint weight was 112,500 pounds, SW., Washington, DC 20250–0512. payments will be made to cotton gins taking into consideration the difference Hand Delivery or Courier: Deliver for distribution to eligible producers. in acres between the two years and the comments to the above address. However, the 2002 program was tied difference in production by calculating Federal eRulemaking Portal: Go to simply to previous year’s production. the per-acre yield for each year and http://www.regulations.gov Follow the Consistent with the terms of section 104 multiplying the difference in yield by online instructions for submitting and other provisions of the same the 2004 acres. The 112,500 pound loss comments. legislation, this rule proposes to provide is derived by multiplying the 450 acres

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of 2004 cotton by the 250-pound loss in eligible production using existing Unfunded Mandates lint yields per acre from 2004 to 2003. systems and readily available data. Title II of the Unfunded Mandates 3. Gin A calculates the loss for each Because of the nature of the interest Reform Act of 1995 (UMRA) does not of its customers and submits the total of involved in this notice it has been apply to this rule because CCC is not the losses to FSA as a basis for payment. determined that the comment period required by 5 U.S.C. 553 or any other Producers who did not have a loss in should be limited to 30 days; that is, law to publish a notice of proposed yield are not included in the total that a longer period would be contrary rulemaking for the subject of this rule. amount submitted for payment. to the public interest. Further, this rule contains no unfunded Cases involving producers who might mandates as defined in sections 202 and have been unable to deliver any cotton Executive Order 12866 205 of UMRA. in 2004 to any gin because of the This proposed rule has been disaster are dealt with separately in the determined to be ‘‘Significant’’ under Paperwork Reduction Act of 1995 rule. Executive Order 12866 and was In accordance with the Paperwork Upon receipt of all payment reviewed by the Office of Management Reduction Act of 1995, FSA intends to applications from all gins seeking to and Budget (OMB). A cost-benefit request approval by OMB of an participate, CCC will estimate the assessment of this rule was completed. information collection required to national total quantity of cottonseed for Regulatory Flexibility Act support the proposed rule establishing a payment based on the weight of cotton 2004 crop year cottonseed payment lint for which payment is requested. The Regulatory Flexibility Act does program. Copies of the information The payment rate per ton of cottonseed not apply to this proposed rule because collection may be obtained from Linda will be determined by dividing the $10 CCC is not required by 5 U.S.C. 553 or Turner, the Agency Information million available by the total quantity of any other law to publish a notice of Collection Coordinator, at (202) 690– cottonseed for payment. In order to be proposed rulemaking with respect to the 1855. sure that an eligible producer is not over subject of this rule. Title: 2004 Cottonseed Payment compensated (does not receive more Environmental Assessment Program. than the total economic value of the loss OMB Control Number: 0560-NEW. suffered), payments to individual cotton The environmental impacts of this Type of Request: Request for Approval gins will be subject to a payment proposed rule have been considered of a New Information Collection. limitation equal to the result of consistent with the provisions of the Abstract: Section 104 of the 2005 Act multiplying the total pounds of National Environmental Policy Act of requires the Commodity Credit cottonseed determined eligible by the 1969 (NEPA), 42 U.S.C. 4321 et seq., the Corporation to provide assistance to 2004 national average price of regulations of the Council on producers and first-handlers of the 2004 cottonseed ($112 per short ton). Environmental Quality (40 CFR Parts crop of cottonseed in counties declared CCC plans to provide all 2004-crop 1500–1508), and FSA’s regulations for a disaster by the President of the United cottonseed payments to cotton gins and compliance with NEPA, 7 CFR part 799. States due to hurricanes and tropical to require gins to share such payments To the extent these authorities may storms. This rule is intended to with applicable cotton producers to the apply, CCC has concluded that this rule implement this legislative mandate and extent that the effect of cottonseed is categorically excluded from further assist producers who suffered prices was borne by the producer rather environmental review as evidenced by financially as a result of unfavorable than the gin. This payment plan is the completion of an environmental weather conditions in 2004 caused by proposed because of the various evaluation. No extraordinary hurricanes and tropical storms. agreements between ginners and circumstances or other unforeseeable Applicants are asked to provide: (1) The producers regarding the costs of ginning factors exist which would require weight of lint to be used by CCC for and the disposition of the proceeds from preparation of an environmental determining seed weight for payment the sale of cottonseed. These agreements assessment or environmental impact based upon calculation of a loss in lint were entered into prior to the ginning of statement. A copy of the environmental production; (2) the number of bales 2004-crop cotton and the authorization evaluation is available for inspection ginned and applicable to the lint weight of this cottonseed payment program, and review upon request. for which payment is requested, not and CCC has no knowledge of their adjusted to a uniform bale weight basis; terms. Based on these existing contracts Executive Order 12988 and (3) basic data such as name and and marketing agreements, ginners and The proposed rule has been reviewed address, direct deposit information, and producers are best suited to equitably in accordance with Executive Order tax identification number. The distribute the cottonseed assistance 12988. This proposed rule preempts information will be used by FSA to payments. However, producers State laws to the extent such laws are determine the program eligibility of the dissatisfied with the distribution by the inconsistent with it. This rule is not gin. FSA considers the information gin will, as in previous cottonseed retroactive. Before judicial action may collected essential to prudent eligibility programs, be limited to complaints be brought concerning this rule, all determinations and payment directed toward the gin itself as may be administrative remedies set forth at 7 calculations. Additionally, without allowed under law—that is, the CFR Parts 11 and 780 must be accurate information on lint weight and regulations propose no administrative exhausted. bale numbers, the national payment rate remedy. could be inaccurate and could result in In order to identify eligible Executive Order 12372 payments being made to ineligible production from designated counties, This program is not subject to recipients, or overpayments, CCC will also ask gins to identify cotton Executive Order 12372, which requires compromising the integrity and production from designated counties intergovernmental consultation with accuracy of the program. versus that from non-designated State and local officials. See the notice Estimate of Burden: Public reporting counties and apply for only an eligible related to 7 CFR part 3015, subpart V, burden for this collection of information payment quantity. CCC believes that published at 48 FR 29115 (June 24, is estimated to average 45 minutes per gins are well suited to be able to identify 1983). response.

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Respondents: Cotton gins receiving Authority: 7 U.S.C. 7231–7239; 15 U.S.C. 7. Amend § 1427.1105 by revising the 2004 crop cotton from counties declared 714b, 714c; Pub. L. 108–324, Pub. L. 108– section heading and revising paragraph a disaster by the President of the United 447. (b) to read as follows: States due to hurricanes and tropical Subpart F—2004 Cottonseed Payment storms. § 1427.1105 Payment application and Program deadline. Estimated Number of Respondents: * * * * * 120. 2. Revise the title of part 1427 subpart (b) The application deadline shall be Estimated Number of Responses per F to read as set forth above: Respondent: 1. 30 days after the rules in this subpart 3. Revise § 1427.1100 to read as become effective unless otherwise Estimated Total Annual Burden on follows: Respondents: 90 hours. announced by CCC. Proposed topics for comment include: § 1427.1100 Applicability. * * * * * (a) Whether the collection of (a) Subject to the availability of funds, 8. Revise § 1427.1106 to read as information is necessary for the proper this subpart sets forth the terms and follows: performance of the functions of the conditions under which the Commodity § 1427.1106 Available funds. agency, including whether the Credit Corporation (CCC) may provide information will have practical utility; The total available program funds for payments under the cottonseed payment the 2004-crop cottonseed program (b) the accuracy of the agency’s estimate program for the 2004 crop year of of burden including the validity of the provided for in this subpart shall be $10 cottonseed. Additional terms and million. methodology and assumptions used; (c) conditions may be set forth in the ways to enhance the quality, utility, and 9. Revise § 1427.1107 to read as application or other forms which must follows: clarity of the information collected; or be executed to participate in the (d) ways to minimize the burden of the cottonseed payment program. § 1427.1107 Applicant payment quantity. collection of the information on those (b) Payments shall be available only (a) The applicant’s payment quantity who are to respond, including through as provided in this subpart and only of cottonseed will be calculated by the the use of appropriate automated, with respect to cottonseed losses related applicant and submitted on the electronic, mechanical, or other to 2004-crop cotton production in Cottonseed Payment Application and technological collection techniques or counties declared a disaster by the Certification for approval for by CCC. other forms of information technology. President of the United States due to An applicant must be a gin and the Comments should be sent to Grady hurricanes or tropical storms. applicant’s payment eligibility will be Bilberry, Director, Price Support based on the determination of the §1427.1102 [Amended] Division, Farm Service Agency, United amount of lint deliveries by cotton States Department of Agriculture, STOP 4. In § 1427.1102, remove the producers in eligible counties which 0512, 1400 Independence Avenue, SW., definitions ‘‘Number of ginned cotton were lost to the gin because of the Washington, DC 20250–0512 or bales’’ and ‘‘Running bale.’’ qualifying hurricane or tropical storm as telephone (202) 720–7901. 5. Revise § 1427.1103 to read as calculated under this section. Government Paperwork Elimination Act follows: (1) The lost lint determination will be made on a producer-by-producer and CCC is committed to compliance with § 1427.1103 Eligible cottonseed. farm-by-farm basis, based on producer the Government Paperwork Elimination To be eligible for payments under this certification, ginning records and other Act (GPEA) and the Freedom to E-File subpart, cottonseed losses must: relevant information as applicable. Act, which require Government (a) Be related to 2004-crop cotton (2) The loss determination will be agencies in general, and the FSA in production in a county declared a limited to losses related to 2004-crop particular, to provide the public the disaster by the President of the United cotton production in eligible counties. A option of submitting information or States due to 2004 hurricanes or tropical cotton producer’s gross loss of lint shall transacting business electronically to storms. be determined based on a comparison of the maximum extent possible. Because (b) Not have been destroyed or lint deliveries for 2003 and 2004 by the of the need to publish these regulations damaged by fire, flood, or other events producer from the eligible farm to all quickly, the forms and other such that its loss or damage was gins. That difference will be adjusted to information collection activities compensated by other local, State, or reflect changes in the acreage planted in required to be utilized by a person Federal government or private or public the two years by the producer on the subject to this rule are not yet fully insurance or disaster relief payments. eligible farm and adjusted for losses due implemented in a way that would allow 6. Amend § 1427.1104 by revising the to reasons other than hurricane or the public to conduct business with section heading, revising paragraph (a) tropical storm. CCC electronically. Accordingly, at this and in paragraph (c) changing the term (b) The producer will certify the gin time, all forms required to be submitted ‘‘low cottonseed prices’’ to ‘‘loss of the or gins to which the lost lint production under this rule may be submitted to cottonseed’’ to read as follows: as so determined would have been CCC by mail or FAX. delivered. Also, the producer will List of Subjects in 7 CFR Part 1427 § 1427.1104 Eligible applicants (first certify the relevant percentages of the handlers). Agriculture, Cottonseed. losses that would have been delivered to (a) Only an eligible first handler of each gin if more than one gin would For the reasons set out in the cottonseed shall be eligible to file an have received the deliveries. preamble, 7 CFR 1427 is proposed to be application for payment under this Apportionment of the loss may be made amended as set forth below. subpart. An eligible first handler of by CCC between gins on that basis. cottonseed may only be a gin that has PART 1427—COTTON (c) If the producer delivered 2004- an eligible payment quantity as crop cotton to a gin different than the 1. The authority citation for 7 CFR determined under § 1427.1107. gin to which the producer delivered part 1427 is revised to read as follows: * * * * * 2003-crop cotton, or delivered cotton to

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more than one gin in either 2003 or § 1427.1109 Payment rate. opportunity for interested Government 2004, the gin receiving 2004-crop cotton The payment rate (dollars per ton) and commercial sector representatives shall contact the other gins for shall be determined by CCC by dividing who use government-provided aviation production information or obtain other the total available program funds by the weather information in operational proof of the eligible quantity from the total eligible payment quantity of decision-making to provide input on cotton producer so as to make or verify cottonseed. However, in no event may FAA’s plans for implementing new the calculation called for in paragraph the total payment to an eligible icing weather products. (a) of this section. applicant exceed $112 per ton of DATES: The meeting will be held at (d) If the cotton producer did not cottonseed multiplied by the applicant’s Northrop Grumman, 475 School Street, produce 2003-crop cotton the producer total eligible payment quantity. SW., Washington, DC 20024; Times: shall be considered a new producer. A 12. Amend § 1427.1111 by revising 9 a.m. to 5 p.m. on July 13, 2005. new producer’s eligible lost quantity paragraph (d) to read as follows: FOR FURTHER INFORMATION CONTACT: Debi will be determined as provided in § 1427.1111 Liability of first handler. Bacon, Air Traffic Organization, paragraph (a) of this section except that Operations Planning, Weather Policy the amount of loss of lint will be made * * * * * (d) For three years after the date of the and Standards, Federal Aviation by comparing the producer’s actual application for 2004-crop payments, the Administration, 800 Independence 2004 per-acre yield with the 2003 applicant shall keep records, including Ave., SW., Washington, DC 20591; USDA, National Agricultural Statistics records supporting the quantity of telephone number (202) 385–7705; Fax: Service county average yield for the cottonseed for which payment was (202) 385–7701; e-mail: applicable county. requested, and furnish such information [email protected]. (e) The gin’s lint eligibility will be and reports relating to the application to SUPPLEMENTARY INFORMATION: calculated individually with respect to CCC as requested. Such records shall be History all eligible cotton producers and those available at all reasonable times for an individual eligibilities for the gin will audit or inspection by authorized In 1999, the FAA established an then be added together to determine the representatives of CCC, United States Aviation Weather Technology Transfer total lint eligibility of the gin. From that Department of Agriculture, or the (AWTT) Board to manage the orderly amount of lint eligibility, the applicant Comptroller General of the United transfer of weather capabilities and gin’s payment quantity of cottonseed States. Failure to keep, or make products from research and shall be calculated by multiplying: available, such records may result in development (R&D) into operations. The (1) The applicant gin’s eligible weight refund to CCC of all payments received, Director of the National Airspace (NAS) of lint for which payment is requested, plus interest thereon, as determined by Weather Office, Operations Planning, as approved by CCC, and as determined CCC. In the event of a controversy Air Traffic Organization chairs the in paragraphs (a) through (d) of this concerning payments, records must be AWTT Board. The board is composed of section by; kept for such longer period as may be stakeholders in the Air Traffic and (2) The Olympic average of estimated specified by CCC until such controversy Aviation Safety organizations in the pounds of cottonseed per pound of is resolved. Destruction of records at Federal Aviation Administration and ginned cotton lint, as determined by any time is at the risk of the applicant. the Office of Climate, Water and CCC, for the five years preceding the Weather Services, the Office of Science Signed in Washington, DC, on June 15, and Technology, and the National 2004 crop year. 2005. Center for Environmental Predictions 10. Revise § 1427.1108 to read as James R. Little, follows: (NCEP) in the National Weather Service. Executive Vice President, Commodity Credit The AWTT Board meets semi- § 1427.1108 Total payment quantity. Corporation. annually or as needed, to determine the [FR Doc. 05–12485 Filed 6–23–05; 8:45 am] The total quantity of 2004-crop readiness of weather R&D products for BILLING CODE 3410–05–P cottonseed eligible under this subpart experimental use, full operational use shall be based on the total payment for meteorologists or full operational use quantity of cottonseed as determined for end users. The board makes the DEPARTMENT OF TRANSPORTATION under this subpart for which timely determination based on technical and operational readiness, cost and benefits, applications are filed. Eligible Federal Aviation Administration cottonseed for which no application is user needs and budget considerations. FAA has the sole responsibility and received according to announced 14 CFR Part 71 authority to make decisions intended to application instructions shall not be provide a safe, secure, and efficient U.S. included in the total payment quantity User Input to the Aviation Weather national airspace system. However, it of cottonseed. The total payment Technology Transfer (AWTT) Board behooves FAA to not make decisions in quantity of cottonseed (ton-basis) shall a vacuum. Rather, FAA is seeking be calculated by multiplying: AGENCY: Federal Aviation Administration (FAA), Department of inputs from the user community before (a) The total weight of cotton lint (ton- Transportation, (DOT). decisions are finalized. basis) for which payment is requested ACTION: Notice of public meeting. Industry users are invited to by all applicants, as approved by CCC, participate in one-day meetings about by SUMMARY: The FAA will hold an three times per year to give specific (b) The Olympic average of estimated informal public meeting to seek aviation feedback to the Government. Meetings pounds of cottonseed per pound of weather user input on icing products. will be focused on a specific domain ginned cotton lint, as determined by Details: July 13, 2005; Northrop (e.g. terminal, enroute) or specific CCC for the five years preceding the Grumman, Conference Room A, 475 weather phenomena (e.g. turbulence, 2004 crop year. School Street, SW., Washington, DC convection). Meetings will include a 11. Revise § 1427.1109 to read as 20024; 9 a.m. to 5 p.m. The objective of time for users to provide input on follows: this meeting is to provide an specific weather products and aviation

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weather roadmaps and to surface issues to FAA personnel for the period July of the Department of Transportation or concerns with those products. The 14—August 13, 2005. NASSIF Building at the above address. meetings will also include information An informal docket may also be Agenda on program and policy updates and on- examined during normal business hours going research. The industry review (a) Opening Remarks. at the office of the Manager, Safety, sessions will be announced in the (b) Review of AWTT weather Alaska Flight Services Operations, Federal Register and open to all products, roadmaps and research efforts. Federal Aviation Administration, 222 interested parties. (c) Inflight icing Products and Issues West 7th Avenue, Box 14, Anchorage, This meeting in the industry session Session. AK 99513–7587. focused on in-flight icing products, (d) Closing Comments. FOR FURTHER INFORMATION CONTACT: roadmaps and research activities. * * * * * Derril Bergt, Federal Aviation Meeting Procedures Issued in Washington, DC, on June 20, Administration, 222 West 7th Avenue, (a) The meeting will be informal in 2005. Box 14, Anchorage, AK 99513–7587; nature and will be conducted by Richard J. Heuwinkel, telephone number (907) 271–5898; fax: representatives of the FAA Manager, Aviation Weather Policy and (907) 271–2850; e-mail: Headquarters. Standards. [email protected]. Internet address: (b) The meeting will be open to all [FR Doc. 05–12558 Filed 6–23–05; 8:45 am] http://www.alaska.faa.gov/at. persons on a space-available basis. BILLING CODE 4910–13–M SUPPLEMENTARY INFORMATION: Every effort was made to provide a Comments Invited meeting site with sufficient seating capacity for the expected participation. DEPARTMENT OF TRANSPORTATION Interested parties are invited to There will be neither admission fee nor participate in this proposed rulemaking other charge to attend and participate. Federal Aviation Administration by submitting such written data, views, Attendees must present themselves to or arguments as they may desire. the security guard at the Northrop 14 CFR Part 71 Comments that provide the factual basis Grumman office, 475 School Street, [Docket No. FAA–2005–21447; Airspace supporting the views and suggestions SW., Washington, DC 20024 to obtain a Docket No. 05–AAL–17] presented are particularly helpful in visitor pass and adhere to security developing reasoned regulatory instructions for the Northrop Grumman Proposed Revision of Class E decisions on the proposal. Comments facility. Airspace; Cordova, AK are specifically invited on the overall (c) FAA personnel will conduct regulatory, aeronautical, economic, AGENCY: Federal Aviation overview briefings on the user input environmental, and energy-related Administration (FAA), DOT. process, weather products, aviation aspects of the proposal. weather roadmaps and programs and ACTION: Notice of proposed rulemaking. Communications should identify both docket numbers and be submitted in policies. Research leads from the SUMMARY: This action proposes to revise triplicate to the address listed above. inflight icing product development team the Class E airspace at Cordova, AK. Commenters wishing the FAA to will conduct an overview briefing on New and revised Standard Instrument acknowledge receipt of their comments the status of research efforts in the icing Approach Procedures (SIAPs) are being on this notice must submit with those domain. Questions may be asked during published for Cordova, AK. Additional comments a self-addressed, stamped the presentation and FAA personnel Class E airspace is needed to contain postcard on which the following will clarify any part of the process that aircraft executing instrument statement is made: ‘‘Comments to is not clear. approaches at Merle K. (Mudhole) (d) FAA personnel will lead a session Docket No. FAA–2005–21447/Airspace Smith Airport. Adoption of this intended to elicit user views on the Docket No. 05–AAL–17.’’ The postcard proposal would result in additional inflight icing products and any issues will be date/time stamped and returned Class E surface area and Class E airspace surrounding those products. Any person to the commenter. upward from 700 feet (ft.) and 1,200 ft. present may offer comment or feedback All communications received on or above the surface at Cordova, AK. in the session. Comments and feedback before the specified closing date for will be captured through discussion DATES: Comments must be received on comments will be considered before between FAA personnel and those or before August 8, 2005. taking action on the proposed rule. The persons attending the meeting. ADDRESSES: Send comments on the proposal contained in this notice may (e) FAA will not take any action items proposal to the Docket Management be changed in light of comments from this meeting nor make any System, U.S. Department of received. All comments submitted will commitments to accept specific user Transportation, Room Plaza 401, 400 be available for examination in the suggestions. An official verbatim Seventh Street, SW., Washington, DC public docket both before and after the transcript of the meeting will not be 20590–0001. You must identify the closing date for comments. A report made. However, a list of the attendees docket number FAA–2005–21447/ summarizing each substantive public and a digest of discussions during the Airspace Docket No. 05–AAL–17, at the contact with FAA personnel concerned meeting will be produced and posted on beginning of your comments. You may with this rulemaking will be filed in the a web site Instructions to access the web also submit comments on the Internet at docket. site will be provide to all persons http://dms.dot.gov. You may review the Availability of Notice of Proposed attending the meeting and provided to public docket containing the proposal, Rulemaking’s (NPRM’s) any who desire it. any comments received, and any final (f) Every reasonable effort will be disposition in person in the Dockets An electronic copy of this document made to hear each person’s feedback Office between 9 a.m. and 5 p.m., may be downloaded through the consistent with a reasonable closing Monday through Friday, except Federal Internet at http://dms.dot.gov. Recently time for the meeting. Written feedback holidays. The Docket Office (telephone published rulemaking documents can is also solicited and may be submitted 1–800–647–5527) is on the plaza level also be accessed through the FAA’s Web

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page at http://www.faa.gov or the listed in this document would be Authority: 49 U.S.C. 106(g), 40103, 40113, Superintendent of Document’s Web published subsequently in the Order. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– page at http://www.access.gpo.gov/nara. The FAA has determined that this 1963 Comp., p. 389. Additionally, any person may obtain proposed regulation only involves an § 71.1 [Amended] a copy of this notice by submitting a established body of technical request to the Federal Aviation regulations for which frequent and I 2. The incorporation by reference in 14 Administration, Office of Air Traffic routine amendments are necessary to CFR 71.1 of Federal Aviation Airspace Management, ATA–400, 800 keep them operationally current. It, Administration Order 7400.9M, Independence Avenue, SW., therefore—(1) is not a ‘‘significant Airspace Designations and Reporting Washington, DC 20591 or by calling regulatory action’’ under Executive Points, dated August 30, 2004, and (202) 267–8783. Communications must Order 12866; (2) is not a ‘‘significant effective September 16, 2004, is to be identify both docket numbers for this rule’’ under DOT Regulatory Policies amended as follows: notice. Persons interested in being and Procedures (44 FR 11034; February * * * * * placed on a mailing list for future 26, 1979); and (3) does not warrant NPRM’s should contact the FAA’s preparation of a regulatory evaluation as Paragraph 6002 Class E airspace Office of Rulemaking, (202) 267–9677, the anticipated impact is so minimal. Designated as Surface Areas. to request a copy of Advisory Circular Since this is a routine matter that will * * * * * No. 11–2A, Notice of Proposed only affect air traffic procedures and air Rulemaking Distribution System, which navigation, it is certified that this rule, AAL AK E2 Cordova, AK [Revised] describes the application procedure. when promulgated, will not have a Cordova, Merle K. (MUDHOLE) Smith The Proposal significant economic impact on a Airport, AK substantial number of small entities (Lat. 60°29′31″ N., Long. 145°28′39″ W.) The FAA is considering an under the criteria of the Regulatory Glacier River NDB amendment to the Code of Federal Flexibility Act. (Lat. 60°29′56″ N., Long. 145°28′28″ W.) Regulations (14 CFR Part 71), by adding The FAA’s authority to issue rules Within a 4.1-mile radius of the Merle K. Class E airspace at Cordova, AK. The regarding aviation safety is found in (Mudhole) Smith Airport and within 2 miles intended effect of this proposal is to ° Title 49 of the United States Code. each side of the 115 bearing from the Glacier revise the Class E surface area and Class Subtitle 1, Section 106 describes the River NDB extending from the 4.1-mile E airspace upward from 700 ft. and authority of the FAA Administrator. radius to 6 miles southeast of the airport, and 1,200 ft above the surface to contain ° Subtitle VII, Aviation Programs, within 2 miles each side of the 124 bearing Instrument Flight Rules (IFR) operations describes in more detail the scope of the from the Glacier River NDB extending from at Cordova, AK. agency’s authority. the 4.1-mile radius to 10.4 miles southeast of The FAA Instrument Flight the airport, and within 3.2 miles northwest Procedures Production and This rulemaking is promulgated and 2.1 miles southeast of the 222° bearing Maintenance Branch has developed new under the authority described in from the Glacier River NDB extending from and revised SIAPs for the Merle K. Subtitle VII, Part A, Subpart 1, Section the 4.1-mile radius to 10 miles southwest of (Mudhole) Smith Airport. The 40103, Sovereignty and use of airspace. the airport, excluding that airspace north of approaches are (1) Area Navigation Under that section, the FAA is charged a line from lat. 60°31′03″ N., long. 145°20′59″ (Global Positioning System) (RNAV with prescribing regulations to ensure W. to lat. 60°32′45″ N., long. 145°33′43″ W. (GPS)) Runway (RWY) 27, original; (2) the safe and efficient use of the * * * * * RNAV (GPS) –B, Amendment 1; and (3) navigable airspace. This regulation is Non-directional Beacon /Distance within the scope of that authority Paragraph 6005 Class E airspace extending Measuring Equipment (NDB/DME) –A, because in proposes to revise Class E upward from 700 feet or more above the original. Revised Class E surface area airspace sufficient to contain aircraft surface of the earth. and Class E controlled airspace executing instrument procedures at * * * * * Merle K. (Mudhole) Smith Airport and extending upward from 700 ft. and AAL AK E5 Cordova, AK [Revised] 1,200 ft. above the surface of the represents the FAA’s continuing effort Cordova Airport would be created by to safely and efficiently use the Cordova, Merle K. (MUDHOLE) Smith navigable airspace. Airport, AK this action. The proposed airspace is ° ′ ″ ° ′ ′ sufficient to contain aircraft executing (Lat. 60 29 31 N., Long. 145 28 39 W.) List of Subjects in 14 CFR Part 71 Glacier River NDB the new and revised instrument ° ′ ″ ° ′ ″ procedures for the Merle K. (Mudhole) Airspace, Incorporation by reference, (Lat. 60 29 56 N., Long. 145 28 28 W.) Smith Airport. Navigation (air). That airspace extending upward from 700 feet above the surface within an 6.6-mile The area would be depicted on The Proposed Amendment aeronautical charts for pilot reference. radius of the Merle K. (Mudhole) Smith Airport and within 4 miles each side of the The coordinates for this airspace docket I In consideration of the foregoing, the 222° bearing from the Glacier River NDB are based on North American Datum 83. Federal Aviation Administration The Class E airspace areas designated as extending from the 6.6-mile radius to 20 proposes to amend 14 CFR part 71 as miles southwest of the airport; and that surface areas are published in paragraph follows: airspace extending upward from 1,200 feet 6002, and the Class E airspace areas above the surface within a 30-mile radius of designated as 700/1200 foot transition PART 71—DESIGNATION OF CLASS A, the airport and within 6 miles each side of areas are published in paragraph 6005 CLASS B, CLASS C, CLASS D, AND the 115° bearing from the Glacier River NDB in FAA Order 7400.9M, Airspace CLASS E AIRSPACE AREAS; extending from the 30-mile radius to 45 miles Designations and Reporting Points, AIRWAYS; ROUTES; AND REPORTING east of the airport, excluding that airspace dated August 30, 2004, and effective POINTS within Control 1487L. and more than 12- September 16, 2004, which is miles from the shoreline. incorporated by reference in 14 CFR I 1. The authority citation for 14 CFR 71.1. The Class E airspace designations part 71 continues to read as follows: * * * * *

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Issued in Anchorage, AK, on June 16, 2005. telephone number (907) 271–5898; fax: NPRM’s should contact the FAA’s Michael A. Tarr, (907) 271–2850; e-mail: Office of Rulemaking, (202) 267–9677, Acting Area Director, Alaska Flight Services [email protected]. Internet address: to request a copy of Advisory Circular Area Office. http://www.alaska.faa.gov/at. No. 11–2A, Notice of Proposed [FR Doc. 05–12562 Filed 6–23–05; 8:45 am] SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which describes the application procedure. BILLING CODE 4910–13–P Comments Invited Interested parties are invited to The Proposal DEPARTMENT OF TRANSPORTATION participate in this proposed rulemaking The FAA is considering an by submitting such written data, views, amendment to the Code of Federal Federal Aviation Administration or arguments as they may desire. Regulations (14 CFR Part 71), by adding Comments that provide the factual basis Class E airspace at Yakutat, AK. The 14 CFR Part 71 supporting the views and suggestions intended effect of this proposal is to presented are particularly helpful in [Docket No. FAA–2005–21529; Airspace revise Class E airspace upward from Docket No. 05–AAL–19] developing reasoned regulatory 1,200 ft. above the surface to contain decisions on the proposal. Comments Instrument Flight Rules (IFR) operations Proposed Revision of Class E are specifically invited on the overall at Yakutat, AK. Airspace; Yakutat, AK regulatory, aeronautical, economic, The FAA Instrument Flight environmental, and energy-related Procedures Production and AGENCY: Federal Aviation aspects of the proposal. Maintenance Branch has developed Administration (FAA), DOT. Communications should identify both three new SIAPs for the Yakutat Airport. ACTION: Notice of proposed rulemaking. docket numbers and be submitted in The new approaches are (1) Area triplicate to the address listed above. Navigation (Global Positioning System) SUMMARY: This action proposes to revise Commenters wishing the FAA to (RNAV (GPS)) Runway (RWY) 2, the Class E airspace at Yakutat, AK. acknowledge receipt of their comments original; (2) RNAV (GPS) RWY 11, Three new Standard Instrument on this notice must submit with those original; and (3) RNAV (GPS) RWY 29, Approach Procedures (SIAPs) are being comments a self-addressed, stamped original. Revised Class E controlled published for Yakutat, AK. Additional postcard on which the following airspace extending upward from 1,200 ft Class E airspace is needed to contain statement is made: ‘‘Comments to above the surface would be created by aircraft executing instrument Docket No. FAA–2005–21529/Airspace this action. The proposed airspace is approaches at Yakutat Airport. Docket No. 05–AAL–19.’’ The postcard sufficient to contain aircraft executing Adoption of this proposal would result will be date/time stamped and returned the new instrument procedures for the in additional Class E airspace upward to the commenter. Yakutat Airport. from 1,200 feet (ft.) above the surface at All communications received on or The area would be depicted on Yakutat, AK. before the specified closing date for comments will be considered before aeronautical charts for pilot reference. DATES: Comments must be received on The coordinates for this airspace docket or before August 8, 2005. taking action on the proposed rule. The proposal contained in this notice may are based on North American Datum 83. ADDRESSES: Send comments on the be changed in light of comments The Class E airspace areas designated as proposal to the Docket Management received. All comments submitted will 700/1200 foot transition areas are System, U.S. Department of be available for examination in the published in paragraph 6005 in FAA Transportation, Room Plaza 401, 400 public docket both before and after the Order 7400.9M, Airspace Designations Seventh Street, SW., Washington, DC closing date for comments. A report and Reporting Points, dated August 30, 20590–0001. You must identify the summarizing each substantive public 2004, and effective September 16, 2004, docket number FAA–2005–21529/ contact with FAA personnel concerned which is incorporated by reference in 14 Airspace Docket No. 05–AAL–19, at the with this rulemaking will be filed in the CFR 71.1. The Class E airspace beginning of your comments. You may docket. designations listed in this document also submit comments on the Internet at would be published subsequently in the http://dms.dot.gov. You may review the Availability of Notice of Proposed Order. public docket containing the proposal, Rulemaking’s (NPRM’s) The FAA has determined that this any comments received, and any final An electronic copy of this document proposed regulation only involves an disposition in person in the Dockets may be downloaded through the established body of technical Office between 9 a.m. and 5 p.m., Internet at http://dms.dot.gov. Recently regulations for which frequent and Monday through Friday, except Federal published rulemaking documents can routine amendments are necessary to holidays. The Docket Office (telephone also be accessed through the FAA’s web keep them operationally current. It, 1–800–647–5527) is on the plaza level page at http://www.faa.gov or the therefore—(1) is not a ‘‘significant of the Department of Transportation Superintendent of Document’s Web regulatory action’’ under Executive NASSIF Building at the above address. page at http://www.access.gpo.gov/nara. Order 12866; (2) is not a ‘‘significant An informal docket may also be Additionally, any person may obtain rule’’ under DOT Regulatory Policies examined during normal business hours a copy of this notice by submitting a and Procedures (44 FR 11034; February at the office of the Manager, Safety, request to the Federal Aviation 26, 1979); and (3) does not warrant Alaska Flight Services Operations, Administration, Office of Air Traffic preparation of a regulatory evaluation as Federal Aviation Administration, 222 Airspace Management, ATA–400, 800 the anticipated impact is so minimal. West 7th Avenue, Box 14, Anchorage, Independence Avenue, SW., Since this is a routine matter that will AK 99513–7587. Washington, DC 20591 or by calling only affect air traffic procedures and air FOR FURTHER INFORMATION CONTACT: (202) 267–8783. Communications must navigation, it is certified that this rule, Derril Bergt, Federal Aviation identify both docket numbers for this when promulgated, will not have a Administration, 222 West 7th Avenue, notice. Persons interested in being significant economic impact on a Box 14, Anchorage, AK 99513–7587; placed on a mailing list for future substantial number of small entities

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under the criteria of the Regulatory VORTAC clockwise to lat. 59°28′54″ N. long. holidays. The Docket Office (telephone Flexibility Act. 139°25′35″ W. to lat. 59°20′16″ N. long. 1–800–647–5527) is on the plaza level ° ′ ″ ° ′ ″ The FAA’s authority to issue rules 139 10 20 W. to lat. 59 02 49 N. long. of the Department of Transportation 139°47′45″ W. to lat. 59°30′15″ N. long. regarding aviation safety is found in ° ′ ″ NASSIF Building at the above address. Title 49 of the United States Code. 140 36 43 W. to the point of beginning; and that airspace extending upward from 1,200 An informal docket may also be Subtitle 1, Section 106 describes the feet above the surface within the area examined during normal business hours authority of the FAA Administrator. bounded by lat. 59°00′00″ N. long. 141° at the office of the Manager, Safety, Subtitle VII, Aviation Programs, 10′00″W. by lat. 59°5′00″ N. long. 141°00′00″ Alaska Flight Services Operations, describes in more detail the scope of the W. by lat. 60°05′00″ N. long. 140°30′00″ W. Federal Aviation Administration, 222 agency’s authority. by lat. 60°10′00″ N. long. 139°30′00″ W. by West 7th Avenue, Box 14, Anchorage, ° ′ ″ ° ′ ″ This rulemaking is promulgated lat. 59 30 00 N. long. 138 15 00 W. by lat. AK 99513–7587. under the authority described in 59°00′00″ N. long. 138°35′00″ W. by lat. ° ′ ″ ° ′ ″ FOR FURTHER INFORMATION CONTACT: Subtitle VII, Part A, Subpart 1, Section 58 40 00 N. long. 139 30 00 W., and within 5.6 miles each side of the Yakutat VORTAC Derril Bergt, Federal Aviation 40103, Sovereignty and use of airspace. 112° radial to 65 miles southeast of the Administration, 222 West 7th Avenue, Under that section, the FAA is charged VORTAC. Box 14, Anchorage, AK 99513–7587; with prescribing regulations to ensure * * * * * telephone number (907) 271–5898; fax: the safe and efficient use of the Issued in Anchorage, AK, on June 16, 2005. (907) 271–2850; e-mail: navigable airspace. This regulation is [email protected]. Internet address: Michael A. Tarr, within the scope of that authority http://www.alaska.faa.gov/at. because in proposes to revise Class E Acting Area Director, Alaska Flight Services SUPPLEMENTARY INFORMATION: airspace sufficient to contain aircraft Area Office. executing instrument procedures at [FR Doc. 05–12561 Filed 6–23–05; 8:45 am] Comments Invited Yakutat Airport and represents the BILLING CODE 4910–13–P Interested parties are invited to FAA’s continuing effort to safely and participate in this proposed rulemaking efficiently use the navigable airspace. DEPARTMENT OF TRANSPORTATION by submitting such written data, views, List of Subjects in 14 CFR Part 71 or arguments as they may desire. Airspace, Incorporation by reference, Federal Aviation Administration Comments that provide the factual basis Navigation (air). supporting the views and suggestions 14 CFR Part 71 presented are particularly helpful in The Proposed Amendment developing reasoned regulatory [Docket No. FAA–2005–21601; Airspace decisions on the proposal. Comments In consideration of the foregoing, the Docket No. 05–AAL–20] Federal Aviation Administration are specifically invited on the overall proposes to amend 14 CFR part 71 as Proposed Revision of Class E regulatory, aeronautical, economic, follows: Airspace; Prospect Creek, AK environmental, and energy-related aspects of the proposal. PART 71—DESIGNATION OF CLASS A, AGENCY: Federal Aviation Communications should identify both CLASS B, CLASS C, CLASS D, AND Administration (FAA), DOT. docket numbers and be submitted in CLASS E AIRSPACE AREAS; ACTION: Notice of proposed rulemaking. triplicate to the address listed above. AIRWAYS; ROUTES; AND REPORTING Commenters wishing the FAA to POINTS SUMMARY: This action proposes to revise acknowledge receipt of their comments the Class E airspace at Prospect Creek, on this notice must submit with those 1. The authority citation for 14 CFR AK. An airspace evaluation has part 71 continues to read as follows: comments a self-addressed, stamped concluded that additional airspace is postcard on which the following Authority: 49 U.S.C. 106(g), 40103, 40113, required to fully contain aircraft statement is made: ‘‘Comments to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– executing Special Instrument Docket No. FAA–2005–21601/Airspace 1963 Comp., p. 389. Approaches Procedures at Prospect Docket No. 05–AAL–20.’’ The postcard § 71.1 [Amended] Creek Airport. Adoption of this proposal will be date/time stamped and returned would result in the revision of Class E 2. The incorporation by reference in to the commenter. airspace upward from 700 feet (ft.) All communications received on or 14 CFR 71.1 of Federal Aviation above the surface at Prospect Creek, AK. Administration Order 7400.9M, before the specified closing date for DATES: Airspace Designations and Reporting Comments must be received on comments will be considered before Points, dated August 30, 2004, and or before August 8, 2005. taking action on the proposed rule. The effective September 16, 2004, is to be ADDRESSES: Send comments on the proposal contained in this notice may amended as follows: proposal to the Docket Management be changed in light of comments System, U.S. Department of * * * * * received. All comments submitted will Transportation, Room Plaza 401, 400 be available for examination in the Paragraph 6005 Class E airspace extending Seventh Street, SW., Washington, DC public docket both before and after the upward from 700 feet or more above the 20590–0001. You must identify the closing date for comments. A report surface of the earth. docket number FAA–2005–21601/ summarizing each substantive public * * * * * Airspace Docket No. 05–AAL–20, at the contact with FAA personnel concerned AAL AK E5 Yakutat, AK [Revised] beginning of your comments. You may with this rulemaking will be filed in the also submit comments on the Internet at Yakutat Airport, AK docket. (Lat. 59°30′39″N., long. 139°38′53″W.) http://dms.dot.gov. You may review the public docket containing the proposal, Availability of Notice of Proposed That airspace extending upward from 700 Rulemaking’s (NPRM’s) feet above the surface within the area any comments received, and any final bounded by lat. 59°47′42″ N. long. 139°58′48″ disposition in person in the Dockets An electronic copy of this document W. to lat. 59°37′33″ N. long. 139°40′53″ W. Office between 9 a.m. and 5 p.m., may be downloaded through the then along the 7-mile radius of the Yakutat Monday through Friday, except Federal Internet at http://dms.dot.gov. Recently

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published rulemaking documents can Order 12866; (2) is not a ‘‘significant Paragraph 6005 Class E airspace extending also be accessed through the FAA’s Web rule’’ under DOT Regulatory Policies upward from 700 feet or more above the page at http://www.faa.gov or the and Procedures (44 FR 11034; February surface of the earth. Superintendent of Document’s Web 26, 1979); and (3) does not warrant * * * * * page at http://www.access.gpo.gov/nara. preparation of a regulatory evaluation as AAL AK E5 Prospect Creek, AK [Revised] Additionally, any person may obtain the anticipated impact is so minimal. a copy of this notice by submitting a Since this is a routine matter that will Prospect Creek Airport, AK (Lat. 66°48′46″ N., Long. 150°38′38″ W.) request to the Federal Aviation only affect air traffic procedures and air Administration, Office of Air Traffic navigation, it is certified that this rule, That airspace extending upward from 700 Airspace Management, ATA–400, 800 feet above the surface within a 4.2-mile when promulgated, will not have a radius of the Prospect Creek Airport and that Independence Avenue, SW., significant economic impact on a airspace 4 miles either side of the 279° Washington, DC 20591 or by calling substantial number of small entities bearing from the Prospect Creek Airport from (202) 267–8783. Communications must under the criteria of the Regulatory the 4.2 mile radius to 8 miles west of the identify both docket numbers for this Flexibility Act. Airport. notice. Persons interested in being The FAA’s authority to issue rules * * * * * placed on a mailing list for future regarding aviation safety is found in NPRM’s should contact the FAA’s Title 49 of the United States Code. Issued in Anchorage, AK, on June 16, 2005. Office of Rulemaking, (202) 267–9677, Subtitle 1, Section 106 describes the Michael A. Tarr, to request a copy of Advisory Circular authority of the FAA Administrator. Acting Area Director, Alaska Flight Services No. 11–2A, Notice of Proposed Subtitle VII, Aviation Programs, Operations. Rulemaking Distribution System, which describes in more detail the scope of the [FR Doc. 05–12559 Filed 6–23–05; 8:45 am] describes the application procedure. agency’s authority. BILLING CODE 4910–13–P This rulemaking is promulgated The Proposal under the authority described in The FAA is considering an Subtitle VII, Part A, Subpart 1, Section DEPARTMENT OF TRANSPORTATION amendment to the Code of Federal 40103, Sovereignty and use of airspace. Regulations (14 CFR Part 71), which Under that section, the FAA is charged Federal Aviation Administration would revise Class E airspace at with prescribing regulations to ensure Prospect Creek, AK. The intended effect the safe and efficient use of the 14 CFR Part 71 of this proposal is to revise Class E navigable airspace. This regulation is [Docket No. FAA–2005–21448; Airspace airspace upward from 700 ft. above the within the scope of that authority Docket No. 05–AAL–16] surface to contain Instrument Flight because it proposes to revise Class E Rules (IFR) operations at Prospect airspace sufficient to contain aircraft Proposed Establishment of Class E Creek, AK. executing the instrument procedures at Airspace; Golovin, AK The Special Instrument Flight Prospect Creek Airport and represents AGENCY: Federal Aviation Procedures developed for the Prospect the FAA’s continuing effort to safely Administration (FAA), DOT. Creek Airport currently are not fully and efficiently use the navigable contained in Class E airspace. The FAA airspace. ACTION: Notice of proposed rulemaking. is proposing to revise Class E airspace List of Subjects in 14 CFR Part 71 SUMMARY: This action proposes to at Prospect Creek, AK, which would be establish new Class E airspace at Airspace, Incorporation by reference, sufficient to contain aircraft executing Golovin, AK. Two new Standard Navigation (air). instrument procedures. Additional Class Instrument Approach Procedures E controlled airspace extending upward The Proposed Amendment (SIAPs) and one departure procedure from 700 ft. above the surface within the are being published for the Golovin Prospect Creek Airport area would be In consideration of the foregoing, the Federal Aviation Administration Airport. There is no existing Class E created by this action. airspace to contain aircraft executing the The area would be depicted on proposes to amend 14 CFR part 71 as new instrument procedures at Golovin, aeronautical charts for pilot reference. follows: AK. Adoption of this proposal would The coordinates for this airspace docket PART 71—DESIGNATION OF CLASS A, result in the establishment of Class E are based on North American Datum 83. CLASS B, CLASS C, CLASS D, AND airspace upward from 700 feet (ft.) and The Class E airspace areas designated as CLASS E AIRSPACE AREAS; 1,200 ft. above the surface at Golovin, 700/1200 foot transition areas are AIRWAYS; ROUTES; AND REPORTING AK. published in paragraph 6005 in FAA POINTS Order 7400.9M, Airspace Designations DATES: Comments must be received on and Reporting Points, dated August 30, 1. The authority citation for 14 CFR or before August 8, 2005. 2004, and effective September 16, 2004, part 71 continues to read as follows: ADDRESSES: Send comments on the which is incorporated by reference in 14 Authority: 49 U.S.C. 106(g), 40103, 40113, proposal to the Docket Management CFR 71.1. The Class E airspace 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– System, U.S. Department of designations listed in this document 1963 Comp., p. 389. Transportation, Room Plaza 401, 400 would be published subsequently in the Seventh Street, SW., Washington, DC Order. § 71.1 [Amended] 20590–0001. You must identify the The FAA has determined that this 2. The incorporation by reference in docket number FAA–2005–21448/ proposed regulation only involves an 14 CFR 71.1 of Federal Aviation Airspace Docket No. 05–AAL–16, at the established body of technical Administration Order 7400.9M, beginning of your comments. You may regulations for which frequent and Airspace Designations and Reporting also submit comments on the Internet at routine amendments are necessary to Points, dated August 30, 2004, and http://dms.dot.gov. You may review the keep them operationally current. It, effective September 16, 2004, is to be public docket containing the proposal, therefore—(1) is not a ‘‘significant amended as follows: any comments received, and any final regulatory action’’ under Executive * * * * * disposition in person in the Dockets

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Office between 9 a.m. and 5 p.m., Internet at http://dms.dot.gov. Recently established body of technical Monday through Friday, except Federal published rulemaking documents can regulations for which frequent and holidays. The Docket Office (telephone also be accessed through the FAA’s Web routine amendments are necessary to 1–800–647–5527) is on the plaza level page at http://www.faa.gov or the keep them operationally current. It, of the Department of Transportation Superintendent of Document’s Web therefore—(1) Is not a ‘‘significant NASSIF Building at the above address. page at http://www.access.gpo.gov/nara. regulatory action’’ under Executive An informal docket may also be Additionally, any person may obtain Order 12866; (2) is not a ‘‘significant examined during normal business hours a copy of this notice by submitting a rule’’ under DOT Regulatory Policies at the office of the Manager, Safety, request to the Federal Aviation and Procedures (44 FR 11034; February Alaska Flight Services Operations, Administration, Office of Air Traffic 26, 1979); and (3) does not warrant Federal Aviation Administration, 222 Airspace Management, ATA–400, 800 preparation of a regulatory evaluation as West 7th Avenue, Box 14, Anchorage, Independence Avenue, SW., the anticipated impact is so minimal. AK 99513–7587. Washington, DC 20591 or by calling Since this is a routine matter that will FOR FURTHER INFORMATION CONTACT: (202) 267–8783. Communications must only affect air traffic procedures and air Derril Bergt, Federal Aviation identify both docket numbers for this navigation, it is certified that this rule, Administration, 222 West 7th Avenue, notice. Persons interested in being when promulgated, will not have a Box 14, Anchorage, AK 99513–7587; placed on a mailing list for future significant economic impact on a telephone number (907) 271–5898; fax: NPRM’s should contact the FAA’s substantial number of small entities (907) 271–2850; e-mail: Office of Rulemaking, (202) 267–9677, under the criteria of the Regulatory [email protected]. Internet address: to request a copy of Advisory Circular Flexibility Act. http://www.alaska.faa.gov/at. No. 11–2A, Notice of Proposed The FAA’s authority to issue rules SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which regarding aviation safety is found in describes the application procedure. Title 49 of the United States Code. Comments Invited Subtitle 1, Section 106 describes the The Proposal Interested parties are invited to authority of the FAA Administrator. participate in this proposed rulemaking The FAA is considering an Subtitle VII, Aviation Programs, by submitting such written data, views, amendment to the Code of Federal describes in more detail the scope of the or arguments as they may desire. Regulations (14 CFR Part 71), which agency’s authority. Comments that provide the factual basis would establish new Class E airspace at This rulemaking is promulgated supporting the views and suggestions Golovin, AK. The intended effect of this under the authority described in presented are particularly helpful in proposal is to establish Class E airspace Subtitle VII, Part A, Subpart 1, Section developing reasoned regulatory upward from 700 ft. and 1,200 ft. above 40103, Sovereignty and use of airspace. decisions on the proposal. Comments the surface to contain Instrument Flight Under that section, the FAA is charged are specifically invited on the overall Rules (IFR) operations at Golovin, AK. with prescribing regulations to ensure regulatory, aeronautical, economic, The FAA Instrument Flight the safe and efficient use of the environmental, and energy-related Procedures Production and navigable airspace. This regulation is aspects of the proposal. Maintenance Branch has developed two within the scope of that authority Communications should identify both new SIAPs and one departure procedure because it proposes to establish Class E docket numbers and be submitted in for the Golovin Airport. The new airspace sufficient to contain aircraft triplicate to the address listed above. approaches are (1) Area Navigation executing instrument procedures at Commenters wishing the FAA to (Global Positioning System) (RNAV Golovin Airport and represents the acknowledge receipt of their comments (GPS)) Runway (RWY) 2, original and FAA’s continuing effort to safely and on this notice must submit with those (2) RNAV (GPS)-A, original. The new efficiently use the navigable airspace. departure procedure is the Nome ONE. comments a self-addressed, stamped List of Subjects in 14 CFR Part 71 postcard on which the following New Class E controlled airspace statement is made: ‘‘Comments to extending upward from 700 ft. and Airspace, Incorporation by reference, Docket No. FAA–2005–21448/Airspace 1,200 ft. above the surface within the Navigation (air). Golovin Airport area would be created Docket No. 05–AAL–16.’’ The postcard The Proposed Amendment will be date/time stamped and returned by this action. The proposed airspace is to the commenter. sufficient to contain aircraft executing In consideration of the foregoing, the All communications received on or the new instrument procedures at the Federal Aviation Administration before the specified closing date for Golovin Airport. proposes to amend 14 CFR part 71 as comments will be considered before The area would be depicted on follows: taking action on the proposed rule. The aeronautical charts for pilot reference. PART 71—DESIGNATION OF CLASS A, proposal contained in this notice may The coordinates for this airspace docket CLASS B, CLASS C, CLASS D, AND be changed in light of comments are based on North American Datum 83. CLASS E AIRSPACE AREAS; received. All comments submitted will The Class E airspace areas designated as AIRWAYS; ROUTES; AND REPORTING be available for examination in the 700/1200 foot transition areas are POINTS public docket both before and after the published in paragraph 6005 in FAA closing date for comments. A report Order 7400.9M, Airspace Designations 1. The authority citation for 14 CFR summarizing each substantive public and Reporting Points, dated August 30, part 71 continues to read as follows: 2004, and effective September 16, 2004, contact with FAA personnel concerned Authority: 49 U.S.C. 106(g), 40103, 40113, with this rulemaking will be filed in the which is incorporated by reference in 14 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– docket. CFR 71.1. The Class E airspace 1963 Comp., p. 389. designations listed in this document Availability of Notice of Proposed would be published subsequently in the § 71.1 [Amended] Rulemaking’s (NPRM’s) Order. 2. The incorporation by reference in An electronic copy of this document The FAA has determined that this 14 CFR 71.1 of Federal Aviation may be downloaded through the proposed regulation only involves an Administration Order 7400.9M,

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Airspace Designations and Reporting surface coating processes. In the Final information whose disclosure is Points, dated August 30, 2004, and Rules section of this Federal Register, restricted by statute. Do not submit effective September 16, 2004, is to be EPA is approving the State’s SIP information that you consider to be CBI amended as follows: submittal as a direct final rule without or otherwise protected through RME, * * * * * prior proposal because the Agency regulations.gov or e-mail. The EPA RME views this as a noncontroversial and the Federal regulations.gov websites Paragraph 6005 Class E airspace extending submittal and anticipates no adverse are an ‘‘anonymous access’’ system, upward from 700 feet or more above the surface of the earth. comments. A more detailed description which means EPA will not know your of the state submittal and EPA’s identity or contact information unless * * * * * evaluation are included in a Technical you provide it in the body of your AAL AK E5 Golovin, AK [New] Support Document (TSD) prepared in comment. If you send an e-mail Golovin Airport, AK support of this rulemaking action. A comment directly to EPA without going (Lat. 64°33′02″ N., long. 163°00′26″ W.) copy of the TSD is available, upon through RME or regulations.gov, your e- That airspace extending upward from 700 request, from the EPA Regional Office mail address will be automatically feet above the surface within a 7.4-mile listed in the ADDRESSES section of this captured and included as part of the radius of the Golovin Airport, and that document. If no adverse comments are comment that is placed in the public airspace extending upward from 1,200 feet received in response to this action, no docket and made available on the above the surface within a 30-mile radius of further activity is contemplated. If EPA Internet. If you submit an electronic 64°43′47″ N 163°15′17″ W and a 30-mile radius of 64°17′57″ N 163°01′41″ W receives adverse comments, the direct comment, EPA recommends that you excluding that airspace within Nome E final rule will be withdrawn and all include your name and other contact airspace. public comments received will be information in the body of your * * * * * addressed in a subsequent final rule comment and with any disk or CD–ROM based on this proposed rule. EPA will you submit. If EPA cannot read your Issued in Anchorage, AK, on June 16, 2005. not institute a second comment period. comment due to technical difficulties Michael A. Tarr, Any parties interested in commenting and cannot contact you for clarification, Acting Area Director, Alaska Flight Services on this action should do so at this time. EPA may not be able to consider your Area Office. DATES: Comments must be received in comment. Electronic files should avoid [FR Doc. 05–12560 Filed 6–23–05; 8:45 am] writing by July 25, 2005. the use of special characters, any form BILLING CODE 4910–13–P ADDRESSES: Submit your comments, of encryption, and be free of any defects identified by Regional Material in or viruses. EDocket (RME) ID Number R03–OAR– Docket: All documents in the ENVIRONMENTAL PROTECTION 20005–PA–0014 by one of the following electronic docket are listed in the RME AGENCY methods: index at http://www.docket.epa.gov/ 40 CFR Part 52 A. Federal eRulemaking Portal: rmepub/. Although listed in the index, http://www.regulations.gov. Follow the some information is not publicly [R03–OAR–2005–PA–0014; FRL–7927–6] on-line instructions for submitting available, i.e., CBI or other information comments. whose disclosure is restricted by statute. Approval and Promulgation of Air B. Agency Web site: http:// Certain other material, such as Quality Implementation Plans; www.docket.epa.gov/rmepub/ RME, copyrighted material, is not placed on Commonwealth of Pennsylvania; EPA’s electronic public docket and the Internet and will be publicly Control of VOC Emissions From comment system, is EPA’s preferred available only in hard copy form. Aerospace, Mobile Equipment, and method for receiving comments. Follow Publicly available docket materials are Wood Furniture Surface Coating the on-line instructions for submitting available either electronically in RME or Applications for Allegheny County comments. in hard copy during normal business AGENCY: Environmental Protection C. E-mail: [email protected]. hours at the Air Protection Division, Agency (EPA). D. Mail: R03–OAR–2005–PA–0014, U.S. Environmental Protection Agency, ACTION: Proposed rule. David Campbell, Chief, Air Quality Region III, 1650 Arch Street, Planning Branch, Mailcode 3AP21, U.S. Philadelphia, Pennsylvania 19103. SUMMARY: EPA is proposing to approve Environmental Protection Agency, Copies of the State submittal are a revision to the Allegheny County Region III, 1650 Arch Street, available at the Allegheny County portion of the Commonwealth of Philadelphia, Pennsylvania 19103. Health Department, Bureau of Pennsylvania State Implementation Plan E. Hand Delivery: At the previously- Environmental Quality, Division of Air (SIP). This revision, submitted by the listed EPA Region III address. Such Quality, 301 39th Street, Pittsburgh, Pennsylvania Department of deliveries are only accepted during the Pennsylvania 15201. Environmental Protection (PADEP) on Docket’s normal hours of operation, and FOR FURTHER INFORMATION CONTACT: behalf of the Allegheny County Health special arrangements should be made Ellen Wentworth, (215) 814–2034, or by Department (ACHD), establishes for deliveries of boxed information. e-mail at [email protected]. standards and requirements to control Instructions: Direct your comments to volatile organic compounds (VOCs) RME ID No. R03–OAR–2005–PA–0014. SUPPLEMENTARY INFORMATION: For emissions from aerospace, mobile EPA’s policy is that all comments further information, please see the equipment, and wood furniture surface received will be included in the public information provided in the direct final coating applications, and modifies docket without change, and may be action, pertaining to the Control of VOC existing regulations for general and made available online at http:// Emissions from Aerospace, Mobile specific coating processes. This revision www.docket.epa.gov/rmepub/, Equipment, and Wood Furniture updates the ACHD’s regulations to make including any personal information Surface Coating Applications for them consistent with the provided, unless the comment includes Allegheny County, that is located in the Commonwealth’s SIP-approved information claimed to be Confidential ‘‘Rules and Regulations’’ section of this regulations regarding the affected Business Information (CBI) or other Federal Register publication.

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Please note that if EPA receives ADDRESSES: Please send two copies of VIII. Regulatory Impact adverse comment on an amendment, your comments to Daryl R. Himes, IX. Regulatory Flexibility Act paragraph, or section of this rule and if South Enforcement and Compliance X. Paperwork Reduction Act that provision may be severed from the Section, RCRA Enforcement and XI. Unfunded Mandates Reform Act remainder of the rule, EPA may adopt XII. Executive Order 13045 Compliance Branch, Waste Management XIII. Executive Order 13084 as final those provisions of the rule that Division, U.S. EPA Region 4, 61 Forsyth XIV. National Technology Transfer and are not the subject of an adverse Street SW., Atlanta, GA, 30303. Advancements Act comment. Comments may also be sent to Daryl R. XV. Executive Order 13132 Federalism Himes via email at Dated: June 15, 2005. I. Background Donald S. Welsh, [email protected]. Regional Administrator, Region III. Your request for a hearing should be A. What Laws and Regulations Give EPA addressed to Narindar M. Kumar, Chief, [FR Doc. 05–12582 Filed 6–23–05; 8:45 am] the Authority To Delist Waste? RCRA Enforcement and Compliance BILLING CODE 6560–50–P EPA published amended lists of Branch, Waste Division, U.S. hazardous wastes from nonspecific and Environmental Protection Agency specific sources on January 16, 1981, as Region 4, Atlanta Federal Center, 61 ENVIRONMENTAL PROTECTION part of its final and interim final Forsyth Street SW., Atlanta, Georgia AGENCY regulations implementing Section 3001 30303. of RCRA. These lists have been 40 CFR Part 261 The RCRA regulatory docket for this proposed rule is located at the offices of amended several times, and are found at [SW–FRL–7925–2] U.S. EPA Region 4, 61 Forsyth Street 40 CFR 261.31 and 261.32. We list these wastes as hazardous SW., Atlanta, GA, 30303, and is Hazardous Waste Management because: (1) They typically and available for your viewing from 8:30 System; Identification and Listing of frequently exhibit one or more of the a.m. to 5 p.m., Monday through Friday, Hazardous Waste; Proposed characteristics of hazardous wastes except on Federal holidays. Please call Amendment identified in Subpart C of 40 CFR Part Daryl R. Himes, at (404) 562–8614 for 261 (i.e., ignitability, corrosivity, AGENCY: Environmental Protection appointments. The public may copy reactivity, and toxicity), or (2) they meet Agency. material from the regulatory docket at the criteria for listing contained in 40 ACTION: $0.15 per page. Proposed amendment and CFR 261.11(a)(2) or (a)(3). request for comment. FOR FURTHER INFORMATION CONTACT: For Individual waste streams may vary, technical information concerning this SUMMARY: The Environmental Protection however, depending on raw materials, document, please contact Daryl R. Agency (EPA, also ‘‘the Agency’’ or industrial processes, and other factors. Himes at the address above or at (404) ‘‘we’’ in this preamble) is proposing to Thus, while a waste that is described in 562–8614. modify an exclusion (or ‘‘delisting’’) these regulations generally is hazardous, from the lists of hazardous waste SUPPLEMENTARY INFORMATION: The a specific waste from an individual previously granted to Nissan North information in this section is organized facility meeting the listing description America, Inc. (Nissan) in Smyrna, as follows: may not be. Tennessee. I. Background For this reason, 40 CFR 260.20 and This action responds to a petition for A. What Laws and Regulations Give EPA 260.22 provide an exclusion procedure amendment submitted by Nissan to the Authority to Delist Waste? which allows a person to demonstrate increase the maximum annual volume B. What Waste is Currently Delisted at that a specific listed waste from a covered by its current exclusion for a Nissan? particular generating facility should not F019 listed hazardous waste. C. What Does Nissan Request in Its Petition be regulated as a hazardous waste, and The Agency is basing its tentative for Amendment? should, therefore, be delisted. II. Disposition of Petition for Amendment decision to grant the petition for A. What Information Did Nissan Submit To According to 40 CFR 260.22(a)(1), in amendment on an evaluation of specific Support Its Petition for Amendment? order to have these wastes excluded a information provided by the petitioner. B. How Did EPA Evaluate Risk for the petitioner must first show that wastes This tentative decision, if finalized, Original November 19, 2001, Petition generated at its facility do not meet any would increase the annual volume of and this Proposed Amendment? of the criteria for which the wastes were waste conditionally excluded from the C. What Conclusion Did EPA Reach? listed. The criteria which we use to list requirements of the hazardous waste III. Conditions for Exclusion wastes are found in 40 CFR 261.11. An regulations under the Resource A. What Are the Maximum Allowable explanation of how these criteria apply Conservation and Recovery Act (RCRA). Concentrations of Hazardous to a particular waste is contained in the Constituents? DATES: EPA is requesting public B. How Frequently Must Nissan Test the background document for that listed comments on this proposed Waste and How Must It Be Managed waste. amendment. We will accept comments Until It Is Disposed? In addition to the criteria that we on this proposal until August 8, 2005. C. What Must Nissan Do If the Process considered when we originally listed Comments postmarked after the close of Changes? the waste, we are also required by the the comment period will be stamped D. What Data Must Nissan Submit? provisions of 40 CFR 260.22(a)(2) to ‘‘late.’’ These late comments may not be E. What Happens If Nissan Fails To Meet consider any other factors (including considered in formulating a final the Conditions of the Exclusion? additional constituents), if there is a decision. IV. Effect on State Authorization reasonable basis to believe that these Any person may request a hearing on V. Effective Date factors could cause the waste to be VI. Administrative Requirements this tentative decision to grant the VII. Public Comments hazardous. petition for amendment by filing a A. How May I as an Interested Party In a delisting petition, the petitioner request by July 11, 2005. The request Submit Comments? must demonstrate that the waste does must contain the information prescribed B. How May I Review the Docket or Obtain not exhibit any of the hazardous waste in 40 CFR 260.20(d). Copies of the Proposed Exclusions? characteristics defined in Subpart C of

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40 CFR Part 261 (i.e., ignitability, information to EPA to allow us to amendment to its June 21, 2002, final corrosivity, reactivity, and toxicity), and determine that the waste was not exclusion. In its petition, Nissan must present sufficient information for hazardous based upon the criteria for requested an increase in the maximum EPA to determine whether the waste which it was listed and that no other annual waste volume that is covered by contains any other constituents at hazardous constituents were present in its exclusion from 2400 cubic yards to hazardous levels. the waste at levels of regulatory 3500 cubic yards. A generator remains obligated under concern. RCRA to confirm that its waste remains A full description of the Agency’s II. Disposition of Petition Amendment nonhazardous based on the hazardous evaluation of the 2000 Nissan petition is A. What Information Did Nissan Submit waste characteristics defined in Subpart contained in the Proposed Rule and to Support Its Petition for Amendment? C of 40 CFR Part 261 even if EPA has Request for Comments published in the delisted its waste. Federal Register on November 19, 2001, The exclusion which we granted to We also define residues from the (223 FR 57918). Nissan on June, 21, 2002, is a treatment, storage, or disposal of listed After evaluating public comment on conditional exclusion. In order for its hazardous wastes and mixtures the Proposed Rule, we published a final exclusion to have remained effective, containing listed hazardous wastes as decision in the Federal Register on June hazardous wastes. (See 40 CFR Nissan has performed verification 21, 2002, (67 FR 41287) to exclude the 261.3(a)(2)(iv) and (c)(2)(i), referred to as testing on its delisted F019 waste water Nissan F019 wastewater treatment the ‘‘mixture’’ and ‘‘derived-from’’ rules, treatment sludge. Constituents tested for sludge from the list of hazardous wastes respectively.) These wastes are also by the required verification testing were found in 40 CFR 261.31. eligible for exclusion but remain previously identified for Nissan by EPA hazardous wastes until delisted. EPA’s final decision in 2002 was in the June 21, 2002, final exclusion. conditioned on the volume of waste The constituents identified were those B. What Waste Is Currently Delisted at identified in the 2001 Nissan petition. detected in initial analysis of Nissan’s Nissan? Specifically, the exclusion granted by F019 waste water treatment sludge. Nissan operates a light-duty vehicle EPA is limited to a maximum annual volume of 2400 cubic yards. Any Nissan has submitted its verification manufacturing facility in Smyrna, testing results to EPA as required in the Tennessee. As a result of Nissan’s use of additional waste volume in excess of June 21, 2002, Final Rule. A summary aluminum as a component of its this limit generated by Nissan in a of the maximum values detected from automobile bodies, Nissan generates a calendar year was to have been managed sludge meeting the listing definition of as hazardous waste. samples of Nissan’s F019 waste for each F019 at 40 CFR 261.31. of Nissan’s verification testing C. What Does Nissan Request in Its constituents are presented in Table 1 On October 12, 2000, Nissan Petition for Amendment? petitioned EPA under the provisions in below. The values presented were 40 CFR 260.20 and 260.22 to exclude As a result of an increase in identified from a review of the the F019 sludge, discussed above, from wastewater treatment sludge filter cake verification testing results as well as the hazardous waste regulation. production associated with an increase initial testing results which were In support of its October 12, 2000, in vehicle production, Nissan petitioned performed to identify the verification petition, Nissan submitted sufficient EPA on February 3, 2004, for an testing constituents.

TABLE 1.—MAXIMUM TOTAL CONSTITUENT AND LEACHATE CONCENTRATIONS 1 WWTP FILTER CAKE

Total constituent TCLP leachate Inorganic constituents concentration concentration (mg/kg) (mg/l)

Barium ...... 6600.0 0.18 Cadmium ...... 6.0 <0.010 Chromium ...... 160.00 <0.050 Lead ...... 390.0 <0.0050 Nickel ...... 4600 <0.050 4-Methyl-phenol (r-cresol) ...... 0.31 Bis (2-ethylhexyl) phthalate ...... <0.050 Di-n-octyl phthalate ...... <0.050 Cyanide ...... 3.2 0.0095 1These levels represent the highest concentration of each constituent found in any one sample. These levels do not necessarily represent the specific levels found in one sample. < Denotes that the constituent was not detected at the concentration specified in the table.

The verification testing program In the rule proposed on November 19, Water Act Maximum Contaminant specified by the current exclusion for 2001, and this proposed amendment, Levels (MCLs) if more conservative Nissan requires leachate constituent EPA has determined the delisting levels delisting levels would be obtained; (3) analysis for the metal and organic for Nissan’s F019 waste water treatment use of the Multiple Extraction Procedure constituents. In addition, analysis for plant sludge based on the following: (1) (MEP), SW–846 Method 1320, to totals levels for each of the metal EPA Composite Model for Leachate evaluate the long-term resistance of the constituents as well as cyanide is also Migration with Transformation Products waste to leaching in a landfill; (4) currently required. (EPACMTP model) as used in EPA, setting limits on total concentrations of B. How did EPA evaluate risk for the Region 6’s Delisting Risk Assessment constituents in the waste. November 19, 2001, Nissan petition and Software (DRAS); (2) use of DRAS- this proposed amendment? calculated levels based on Safe Drinking

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C. What Conclusion Did EPA Reach? DRAS program can back-calculate (e.g., volatilization or wind-blown EPA believes that the information receptor well concentrations (referred to particulate from the landfill). As in the provided by Nissan provides a as a compliance-point concentration) groundwater analyses, the DRAS uses reasonable basis to grant Nissan’s using standard risk assessment the established acceptable risk level, the petition for an amendment to its current algorithms and Agency health-based health-based data, and standard risk delisting. We, therefore, propose to numbers. assessment and exposure algorithms to grant Nissan an amendment for an EPA Region 4 generally defines predict maximum compliance-point increase in waste volume. The data acceptable risk levels for the delisting concentrations of waste constituents at submitted to support the petition and program as wastes with an excess cancer a hypothetical point of exposure. Using × ¥5 the Agency’s evaluation show that the risk of no more than 1 10 and a fate and transport equations, the DRAS constituents in the Nissan wastewater hazard quotient of no more than 1.0 for uses the maximum compliance-point treatment sludge filter cake are below individual constituents. concentrations and back-calculates the health-based levels used by the Agency Using the maximum compliance- maximum allowable waste constituent for delisting decision-making even at point concentrations and the EPACMTP concentrations. In most cases, because a the increased maximum annual waste fate and transport modeling factors, the delisted waste is no longer subject to volume of 3500 cubic yards. DRAS further back-calculates the hazardous waste control, the Agency is For this delisting determination, we maximum waste constituent generally unable to predict, and does used information gathered to identify concentrations which would not exceed not presently control, how a petitioner plausible exposure routes (i.e., the compliance-point concentrations in will manage a waste after it is excluded. groundwater, surface water, air) for groundwater. Therefore, we believe that it is hazardous constituents present in the The Agency believes that the inappropriate to consider extensive site- petitioned waste. We determined that EPACMTP fate and transport model specific factors when applying the fate disposal in a Subtitle D landfill is the represents a reasonable worst-case and transport model. most reasonable, worst-case disposal scenario for possible groundwater scenario for Nissan’s petitioned waste. contamination resulting from disposal As a condition of Nissan’s current We applied the Delisting Risk of the petitioned waste in a landfill and delisting, Nissan must continue to test Assessment Software (DRAS) described that a reasonable worst-case scenario is for a list of verification constituents. above to predict the maximum appropriate when evaluating whether a Based on the increased waste volume allowable concentrations of hazardous waste should be relieved of the requested in the petition, new proposed constituents that may be released from protective management constraints of maximum allowable leachate the petitioned waste after disposal, and the RCRA Subtitle C program. The use concentrations and maximum allowable we determined the potential impact of of a reasonable worst-case scenario total constituent concentrations (as the disposal of Nissan’s petitioned results in conservative values for the explained below) for these constituents waste on human health and the compliance-point concentrations and were derived by back-calculating from environment. In assessing potential ensures that the waste, once removed the delisting health-based levels through risks to groundwater, we used the from hazardous waste regulation, will the proposed fate and transport model increased maximum waste volume and not pose a significant threat to human for a landfill management scenario. The the maximum measured or calculated health or the environment. maximum allowable concentration of leachate concentrations as inputs to the Similarly, the DRAS used the the verification constituents, both in DRAS program to estimate the increased waste volume requested in the leachate and totals levels, were constituent concentrations in the petition and the maximum reported recalculated for each of the current groundwater at a hypothetical receptor total concentrations to predict possible verification constituents. These well downgradient from the disposal risks associated with releases of waste concentration limits are shown in Table site. Using an established risk level, the constituents through surface pathways 2 below.

TABLE 2.—MAXIMUM ALLOWABLE CONCENTRATION OF CONSTITUENTS IN LEACHATE OR IN WASTE 1

Maximum allow- Maximum allow- Constituent able leachate able total concentration concentration (mg/l) (mg/kg)

Barium ...... 1.00e+02 6.16e+07 Cadmium ...... 1.00e+00 6.43e+05 Chromium ...... 5.00e+00 1.93e+09 Lead ...... 5.00e+00 4.56e+05 Nickel ...... 6.07e+01 2.57e+07 Cyanide ...... 7.73e+00 2.57e+07 Bis(2-ethylhexyl)phthalate ...... 6.01e¥01 ...... r-Cresol ...... 7.66e+00 ...... Di-n-octyl phthalate ...... 7.52e¥02 ...... 1The term ‘‘e’’ in the table is a variation of ‘‘scientific notation’’ in base 10 exponential form and is used in this table because it is a convenient way to represent very large or small numbers. For example, 3.00e–03 is equivalent to 3.00 × 10¥3 and represents the number 0.003.

The Final Rule published in the cyanide for which Nissan would be maximum allowable levels of these Federal Register on June 21, 2002, (67 required to perform verification testing constituents as calculated by the DRAS FR 41287) included maximum results. Upon a comparative review of model, EPA is proposing to remove the allowable total concentration limits for the maximum total constituent levels requirement from the June 21, 2002, each of the inorganic constituents and analyzed for as shown in Table 1 to the Final Rule which requires Nissan to

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analyze its verification samples for the Nissan for totals values shown in Table delisting levels for each constituent that currently specified total values. This 1. is part of Nissan’s current delisting proposal is being made based upon a using the DRAS and the increased III. Conditions for Exclusion comparison made by EPA between the maximum annual waste volume of 3500 results of such totals analysis shown in A. What Are the Maximum Allowable cubic yards. These proposed delisting Table 1 as compared to the totals levels Concentrations of Hazardous levels were derived from the health- calculated for these constituents by the Constituents? based calculations performed by the DRAS model in Table 2. The maximum DRAS program using either strict allowable verification levels for total The following table (Table 3) health-based levels or MCLs, or from constituent levels shown in Table 2 are summarizes the maximum allowable Toxicity Characteristic regulatory levels, in excess of an order of magnitude of constituent concentrations (delisting whichever resulted in a lower (i.e., more three (103) times greater than the results levels) which EPA is proposing for conservative) concentration. of the sample analysis performed by Nissan’s waste. We recalculated these

TABLE 3.—MAXIMUM ALLOWABLE CONCENTRATION OF CONSTITUENTS IN LEACHATE OR IN WASTE 1

Maximum allow- able leachate Constituent concentration (mg/l)

Barium ...... 1.00e+02 Cadmium ...... 1.00e+00 Chromium ...... 5.00e+00 Lead ...... 5.00e+00 Nickel ...... 6.07e+01 Cyanide ...... 7.73e+00 Bis(2-ethylhexyl)phthalate ...... 6.01e¥01 r-Cresol ...... 7.66e+00 Di-n-octyl phthalate ...... 7.52e¥02 1The term ‘‘e’’ in the table is a variation of ‘‘scientific notation’’ in base 10 exponential form and is used in this table because it is a convenient way to represent very large or small numbers. For example, 3.00e–03 is equivalent to 3.00 X 10¥3 and represents the number 0.003.

The current maximum allowable D. What Data Must Nissan Submit? (i.e., to make their own delisting constituent concentrations (delisting We are not proposing to change the decisions). Therefore, this proposed levels) for Nissan as found in 40 CFR data Nissan is required to submit as amendment, if promulgated, may not 261 Appendix IX, Table 1, are specified specified in EPA’s final decision in the apply in those authorized States, unless as leachate concentrations for inorganic Federal Register on June 21, 2002, (67 it is adopted by the State. If the and organic constituents and cyanide, FR 41287). petitioned waste is managed in any and as total constituent concentrations State with delisting authorization, for inorganic constituents for reasons set E. What Happens If Nissan Fails to Meet Nissan must obtain delisting forth previously in the Proposed Rule the Conditions of the Exclusion? authorization from that State before the published in the Federal Register on We are not proposing to change the waste may be managed as nonhazardous November 19, 2001 (223 FR 57918). reopener language Nissan is required to in that State. comply with as specified in EPA’s final B. How Frequently Must Nissan Test the V. Effective Date decision in the Federal Register on June Waste and How Must It Be Managed 21, 2002, (67 FR 41287). EPA is today making a tentative Until It Is Disposed? decision to grant Nissan’s petition for IV. Effect on State Authorizations Nissan must continue to test and amendment. This proposed rule, if manage its waste according to the This proposed amendment, if made final, will become effective conditions set forth in its current promulgated, would be issued under the immediately upon such final delisting. We are not proposing in this Federal RCRA delisting program. States, publication. The Hazardous and Solid however, may impose more stringent Waste Amendments of 1984 amended amendment to change the method of regulatory requirements than EPA Section 3010 of RCRA to allow rules to sample collection, the frequency of pursuant to Section 3009 of RCRA. become effective in less than six months sample analyses or the waste holding These more stringent requirements may when the regulated community does not procedures currently specified in EPA’s include a provision which prohibits a need the six-month period to come into final decision in the Federal Register on Federally-issued exclusion from taking compliance. That is the case here, June 21, 2002, (67 FR 41287), except the effect in the State. Because a petitioner’s because this rule, if finalized, would total constituent analyses, which no waste may be regulated under a dual reduce the existing requirements for a longer will be required. system (i.e., both Federal (RCRA) and facility generating hazardous wastes. In C. What Must Nissan Do If the Process State (RCRA) or State (non-RCRA) light of the unnecessary hardship and Changes? programs), petitioners are urged to expense that would be imposed on this contact State regulatory authorities to petitioner by an effective date six We are not proposing to change the determine the current status of their months after publication and the fact conditions regarding process changes as wastes under the State laws. that a six-month deadline is not set forth in EPA’s final decision in the Furthermore, some States are necessary to achieve the purpose of Federal Register on June 21, 2002, (67 authorized to administer a delisting Section 3010, EPA believes that this FR 41287). program in lieu of the Federal program exclusion should be effective

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immediately upon final publication. U.S. Environmental Protection Agency IX. Regulatory Flexibility Act These reasons also provide a basis for Region 4, Atlanta Federal Center, 61 Under the Regulatory Flexibility Act, making this rule effective immediately, Forsyth Street SW., Atlanta, Georgia 5 U.S.C. 601–612, whenever an agency upon final publication, under the 30303. Send a third copy to Mr. Mike is required to publish a general notice Administrative Procedures Act, 5 U.S.C. Apple, Director, Division of Solid Waste of rulemaking for any proposed or final 553(d). Management, Tennessee Department of rule, it must prepare and make available VI. Administrative Requirements Environment and Conservation, 5th for public comment a regulatory Floor, L&C Tower, 401 Church Street, flexibility analysis which describes the Under Executive Order 12866 (58 FR Nashville, Tennessee 37243–1535. You impact of the rule on small entities 51735, October 4, 1993), this action is should identify your comments at the (small businesses, small organizations, not a rule of general applicability and top with this regulatory docket number: and small governmental jurisdictions). therefore is not a ‘‘regulatory action’’ R$DLP–0401–Nissan. No regulatory flexibility analysis is subject to review by the Office of required, however, if the Administrator Management and Budget. Because this You should submit requests for a or delegated representative certifies that action is a rule of particular hearing to Narrindar M. Kumar, Chief, the rule will not have any impact on applicability relating to a particular RCRA Enforcement and Compliance small entities. This rule, if promulgated, facility, it is not subject to the regulatory Branch, Waste Division, U.S. will not have an adverse economic flexibility provisions of the Regulatory Environmental Protection Agency impact on small entities since its effect Flexibility Act (5 U.S.C. 601 et seq.), or Region 4, Atlanta Federal Center, 61 would be to reduce the overall costs of to sections 202, 203, and 205 of the Forsyth Street SW., Atlanta, Georgia the EPA’s hazardous waste regulations Unfunded Mandates Reform Act of 1995 30303. and would be limited to one facility. (UMRA) (Pub. L. 104–4). Because the B. How May I Review the Docket or Accordingly, the EPA hereby certifies rule will affect only one facility, it will Obtain Copies of the Proposed that this proposed regulation, if not significantly or uniquely affect small Exclusion? promulgated, will not have a significant governments, as specified in section 203 economic impact on a substantial of UMRA, or communities of Indian You may review the RCRA regulatory number of small entities. Therefore, this tribal governments, as specified in docket for this proposed rule at the U.S. regulation does not require a regulatory Executive Order 13175 (65 FR 67249, Environmental Protection Agency flexibility analysis. November 6, 2000). For the same reason, Region 4, Atlanta Federal Center, 61 this rule will not have substantial direct Forsyth Street SW., Atlanta, Georgia X. Paperwork Reduction Act effects on the States, on the relationship 30303. Information collection and between the national government and It is available for viewing in the EPA recordkeeping requirements associated the States, or on the distribution of Freedom of Information Act Review with this proposed rule have been power and responsibilities among the Room from 9 a.m. to 4 p.m., Monday approved by the Office of Management various levels of government, as through Friday, excluding Federal and Budget (OMB) under the provisions specified in Executive Order 13132 (64 holidays. Call (404) 562–8614 for of the Paperwork Reduction Act of 1980 FR 43255, August 10, 1999). This rule appointments. The public may copy (Pub. L. 96 511, 44 U.S.C. 3501 et seq.) also is not subject to Executive Order material from any regulatory docket at and have been assigned OMB Control 13045 (62 FR 19885, April 23, 1997), no cost for the first 100 pages, and at Number 2050 0053. because it is not economically fifteen cents per page for additional XI. Unfunded Mandates Reform Act significant. copies. This rule does not involve technical Under section 202 of the Unfunded standards; thus, the requirements of VIII. Regulatory Impact Mandates Reform Act of 1995 (UMRA), section 12(d) of the National Public Law 104–4, which was signed Technology Transfer and Advancement Under Executive Order 12866, the EPA must conduct an ‘‘assessment of into law on March 22, 1995, the EPA Act of 1995 (15 U.S.C. 272) do not generally must prepare a written apply. As required by section 3 of the potential costs and benefits’’ for all ‘‘significant’’ regulatory actions. statement for rules with Federal Executive Order 12988 (61 FR 4729, mandates that may result in estimated February 7, 1996), in issuing this rule, The proposal to grant an exclusion is costs to State, local, and tribal EPA has taken the necessary steps to not significant, since its effect, if governments in the aggregate, or to the eliminate drafting errors and ambiguity, promulgated, would be to reduce the private sector, of $100 million or more minimize potential litigation, and overall costs and economic impact of in any one year. provide a clear legal standard for the EPA’s hazardous waste management When such a statement is required for affected conduct. This rule does not regulations. This reduction would be the EPA rules under section 205 of the impose an information collection achieved by excluding waste generated UMRA, the EPA must identify and burden under the provisions of the at a specific facility from the EPA’s lists consider alternatives. The alternatives Paperwork Reduction Act of 1995 (44 of hazardous wastes, thus enabling a must include the least costly, most cost- U.S.C. 3501 et seq.). facility to manage its waste as effective, or least burdensome nonhazardous. VII. Public Comments alternative that achieves the objectives Because there is no additional impact of the rule. The EPA must select that A. How May I as an Interested Party from this proposed rule, this proposal alternative, unless the Administrator Submit Comments? would not be a significant regulation, explains in the final rule why it was not The EPA is requesting public and no cost/benefit assessment is selected or it is inconsistent with law. comments on this proposed decision. required. The Office of Management and Before the EPA establishes regulatory Please send three copies of your Budget (OMB) has also exempted this requirements that may significantly or comments. Send two copies to the rule from the requirement for OMB uniquely affect small governments, Chief, North Section, RCRA review under section (6) of Executive including tribal governments, it must Enforcement and Compliance Branch, Order 12866. develop under section 203 of the UMRA

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a small government agency plan. The necessary to pay the direct compliance the Executive Order to include plan must provide for notifying costs incurred by the tribal regulations that have ‘‘substantial direct potentially affected small governments, governments. effects on the States, on the relationship giving them meaningful and timely If the mandate is unfunded, the EPA between the national government and input in the development of the EPA’s must provide to the Office Management the States, or on the distribution of regulatory proposals with significant and Budget, in a separately identified power and responsibilities among the Federal intergovernmental mandates, section of the preamble to the rule, a various levels of government.’’ and informing, educating, and advising description of the extent of the EPA’s Under section 6 of Executive Order them on compliance with the regulatory prior consultation with representatives 13132, the EPA may not issue a requirements. of affected tribal governments, a regulation that has federalism The UMRA generally defines a summary of the nature of their concerns, implications, that imposes substantial Federal mandate for regulatory purposes and a statement supporting the need to direct compliance costs, and that is not as one that imposes an enforceable duty issue the regulation. required by statute, unless the Federal In addition, Executive Order 13084 upon state, local, or tribal governments government provides the funds requires the EPA to develop an effective or the private sector. necessary to pay the direct compliance The EPA finds that this delisting process permitting elected and other costs incurred by State and local decision is deregulatory in nature and representatives of Indian tribal governments, or the EPA consults with does not impose any enforceable duty governments to have ‘‘meaningful and State and local officials early in the on any State, local, or tribal timely input’’ in the development of process of developing the proposed governments or the private sector. In regulatory policies on matters that regulation. The EPA also may not issue addition, the proposed delisting significantly or uniquely affect their decision does not establish any communities of Indian tribal a regulation that has federalism regulatory requirements for small governments. This action does not implications and that preempts State governments and so does not require a involve or impose any requirements that law unless the EPA consults with State small government agency plan under affect Indian Tribes. Accordingly, the and local officials early in the process UMRA section 203. requirements of section 3(b) of of developing the proposed regulation. Executive Order 13084 do not apply to This action does not have federalism XII. Executive Order 13045 this rule. implication. It will not have a The Executive Order 13045 is entitled substantial direct effect on States, on the ‘‘Protection of Children from XIV. National Technology Transfer and relationship between the national Environmental Health Risks and Safety Advancement Act government and the States, or on the Risks’’ (62 FR 19885, April 23, 1997). Under section 12(d) of the National distribution of power and This order applies to any rule that the Technology Transfer and Advancement responsibilities among the various EPA determines (1) is economically Act, the EPA is directed to use levels of government, as specified in significant as defined under Executive voluntary consensus standards in its Executive Order 13132, because it Order 12866, and (2) the environmental regulatory activities unless to do so affects only one facility. health or safety risk addressed by the would be inconsistent with applicable rule has a disproportionate effect on law or otherwise impractical. Voluntary List of Subjects in 40 CFR Part 261 children. If the regulatory action meets consensus standards are technical Environmental protection, Hazardous both criteria, the EPA must evaluate the standards (e.g., materials specifications, waste, Recycling, Reporting and environmental health or safety effects of test methods, sampling procedures, recordkeeping requirements. the planned rule on children, and business practices, etc.) developed or explain why the planned regulation is Authority: Section 3001(f) RCRA, 42 U.S.C. adopted by voluntary consensus 6921(f). preferable to other potentially effective standard bodies. Where available and and reasonably feasible alternatives potentially applicable voluntary Dated: June 9, 2005. considered by the EPA. This proposed consensus standards are not used by the Jon D. Johnston, rule is not subject to Executive Order EPA, the Act requires that the EPA Acting Director, Waste Management Division, 13045 because this is not an provide Congress, through the OMB, an Region 4. economically significant regulatory explanation of the reasons for not using For the reasons set out in the action as defined by Executive Order such standards. preamble, 40 CFR part 261 is amended 12866. This rule does not establish any new as follows: technical standards and thus, the EPA XIII. Executive Order 13084 has no need to consider the use of PART 261—IDENTIFICATION AND Because this action does not involve voluntary consensus standards in LISTING OF HAZARDOUS WASTE any requirements that affect Indian developing this final rule. Tribes, the requirements of section 3(b) 1. The authority citation for part 261 of Executive Order 13084 do not apply. XV. Executive Order 13132 Federalism continues to read as follows: Under Executive Order 13084, the EPA Executive Order 13132, entitled Authority: 42 U.S.C. 6905, 6912(a), 6921, may not issue a regulation that is not ‘‘Federalism’’ (64 FR 43255, August 10, 6922, and 6938. required by statute, that significantly 1999) requires the EPA to develop an affects or uniquely affects the accountable process to ensure 2. In Table 1 of appendix IX, part 261 communities of Indian tribal ‘‘meaningful and timely input by State add the following wastestream in governments, and that imposes and local officials in the development of alphabetical order by facility to read as substantial direct compliance costs on regulatory policies that have federalism follows: those communities, unless the Federal implications.’’ ‘‘Policies that have Appendix IX—Wastes Excluded government provides the funds federalism implications’’ are defined in Under Secs. 260.20 and 260.22.

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TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES

Facility Address Waste description

******* Nissan North America, Inc Smyrna, Tennessee ...... Wastewater treatment sludge (EPA Hazardous Waste No. F019) that Nissan North America, Inc. (Nissan) generates by treating wastewater from the automobile as- sembly plant located at 983 Nissan Drive in Smyrna, Tennessee. This is a condi- tional exclusion for up to 3,500 cubic yards of waste (hereinafter referred to as ‘‘Nissan Sludge’’) that will be generated each year and disposed in a Subtitle D landfill after [Publication Date of the Final Rule]. Nissan must continue to dem- onstrate that the following conditions are met for the exclusion to be valid. (1) Delisting Levels: All leachable concentrations for these metals, cyanide, and or- ganic constituents must not exceed the following levels (ppm): Barium—100.0; Cadmium—0.422; Chromium—5.0; Cyanide—7.73, Lead—5.0; and Nickel—60.7; Bis—(2-ethylhexyl) phthalate—0.601; Di-n-octyl phthalate—0.0752; and 4–Methyl- phenol—7.66. These concentrations must be measured in the waste leachate ob- tained by the method specified in 40 CFR 261.24, except that for cyanide, deion- ized water must be the leaching medium. Cyanide concentrations in waste or leachate must be measured by the method specified in 40 CFR 268.40, Note 7. (2) Verification Testing Requirements: Sample collection and analyses, including quality control procedures, must be performed according to SW–846 methodolo- gies, where specified by regulations in 40 CFR parts 260–270. Otherwise, meth- ods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that representative samples of the Nissan Sludge meet the delisting levels in Condition (1). Nissan must perform an annual testing program to demonstrate that the constituent concentrations meas- ured in the TCLP extract do not exceed the delisting levels established in Condi- tion (1). If the levels of constituents measured in Nissan’s annual testing program do not ex- ceed the levels set forth in Condition (1), then the Nissan Sludge is non-haz- ardous and must be managed in accordance with all applicable solid waste regu- lations. If constituent levels in a composite sample exceed any of the delisting lev- els set forth in Condition (1), the batch of Nissan Sludge generated during the time period corresponding to this sample must be managed and disposed of in accordance with Subtitle C of RCRA. (4) Changes in Operating Conditions: Nissan must notify EPA in writing when signifi- cant changes in the manufacturing or wastewater treatment processes are imple- mented. EPA will determine whether these changes will result in additional con- stituents of concern. If so, EPA will notify Nissan in writing that the Nissan Sludge must be managed as hazardous waste F019 until Nissan has demonstrated that the wastes meet the delisting levels set forth in Condition (1) and any levels es- tablished by EPA for the additional constituents of concern, and Nissan has re- ceived written approval from EPA. If EPA determines that the changes do not re- sult in additional constituents of concern, EPA will notify Nissan, in writing, that Nissan must verify that the Nissan Sludge continues to meet Condition (1) delisting levels. (5) Data Submittals: Data obtained in accordance with Condition (2) must be sub- mitted to Narindar M. Kumar, Chief, RCRA Enforcement and Compliance Branch, Mail Code: 4WD–RCRA, U.S. EPA, Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303. The submission is due no later than 60 days after taking each annual verification samples in accordance with delisting Conditions (1) through (7). Records of analytical data from Condition (2) must be compiled, summarized, and maintained by Nissan for a minimum of three years, and must be furnished upon request by EPA or the State of Tennessee, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12).

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TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued

Facility Address Waste description

(6) Reopener Language: (A) If, at any time after disposal of the delisted waste, Nis- san possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified in the delisting verification testing is at a level higher than the delisting level allowed by EPA in granting the petition, Nissan must report the data, in writing, to EPA within 10 days of first possessing or being made aware of that data. (B) If the testing of the waste, as required by Condition (2)(B), does not meet the delisting require- ments of Condition (1), Nissan must report the data, in writing, to EPA within 10 days of first possessing or being made aware of that data. (C) Based on the infor- mation described in paragraphs (6)(A) or (6)(B) and any other information re- ceived from any source, EPA will make a preliminary determination as to whether the reported information requires that EPA take action to protect human health or the environment. Further action may include suspending or revoking the exclu- sion, or other appropriate response necessary to protect human health and the environment. (D) If EPA determines that the reported information does require Agency action, EPA will notify the facility in writing of the action believed nec- essary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing Nissan with an oppor- tunity to present information as to why the proposed action is not necessary. Nis- san shall have 10 days from the date of EPA’s notice to present such information. (E) Following the receipt of information from Nissan, as described in paragraph (6)(D), or if no such information is received within 10 days, EPA will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment, given the information received in accordance with paragraphs (6)(A) or (6)(B). Any required action described in EPA’s deter- mination shall become effective immediately, unless EPA provides otherwise. (7) Notification Requirements: Nissan must provide a one-time written notification to any State Regulatory Agency in a State to which or through which the delisted waste described above will be transported, at least 60 days prior to the com- mencement of such activities. Failure to provide such a notification will result in a violation of the delisting conditions and a possible revocation of the decision to delist.

*******

[FR Doc. 05–12579 Filed 6–23–05; 8:45 am] suppliers and practitioners, and for data collection program—the Healthcare BILLING CODE 6560–50–P maintaining a data base of final adverse Integrity and Protection Data Bank actions taken against health care (HIPDB)—for the reporting and providers, suppliers and practitioners. disclosing of certain final adverse DEPARTMENT OF HEALTH AND An inadvertent error appeared in the actions taken against health care HUMAN SERVICES text of the regulations concerning the providers, suppliers and practitioners, definition of the term ‘‘any other and for maintaining a data base of final Office of Inspector General negative action or finding.’’ As a result, adverse actions taken against health care we are proposing to correct 45 CFR 61.3, providers, suppliers and practitioners. 45 CFR Part 61 Definitions, to assure the technical The final rule established a new 45 CFR RIN 0906–AA46 correctness of these regulations. part 61 to implement the requirements DATES: To assure consideration, public for reporting of specific data elements Office of the Secretary, Health Care comments must be mailed and delivered to, and procedures for obtaining Fraud and Abuse Data Collection to the address provided below by no information from, the HIPDB. In that Program: Reporting of Final Adverse later than 5 p.m., July 25, 2005. final rule, an inadvertent error appeared Actions; Correction ADDRESSES: Please mail or deliver your in § 61.3—the definitions section of the written comments to the following regulations—and is now being proposed AGENCY: Office of Inspector General address: Department of Health and for correction. (OIG), HHS. Human Services, Office of Inspector Section 61.3 expanded on previous ACTION: Proposed correction General, Attention: OIG–46–CA2, 330 amendment. regulatory definitions and provided Independence Avenue, SW., Room additional examples of the scope of SUMMARY: This document proposes a 5246, Washington, DC 20201. various terms set fort in the statute. On correction to the final regulations, FOR FURTHER INFORMATION CONTACT: Joel page 57755 of the preamble, which were published in the Federal Schaer, OIG Regulations Officer Office summarizing the various revisions being Register on October 26, 1999 (64 FR of External Affairs, (202) 619–0089. made to the final rule, we indicated that 57740). These regulations established a SUPPLEMENTARY INFORMATION: The HHS with respect to the definition for the national health care fraud and abuse Office of Inspector General (OIG) issued term ‘‘any other negative action or data collection program for the reporting final regulations on October 26, 1999 finding’’ there are certain kinds of and disclosing of certain adverse actions (64 FR 57740) that established a actions or findings that would not meet taken against health care providers, national health care fraud and abuse the intent of the statute and not be

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reportable. We cited, as an example, PART 61—HEALTHCARE INTEGRITY Atmospheric Administration (NOAA), administrative actions, such as limited AND PROTECTION DATA BANK FOR Commerce. training permits, limited licenses for FINAL ADVERSE INFORMATION ON ACTION: Notice of public workshop. telemedicine, fines or citations that do HEALTH CARE PROVIDERS, not restrict a practitioner’s practice, or SUPPLIERS AND PRACTITIONERS personnel actions for tardiness, that SUMMARY: NMFS will present a were not within the range of actions 1. The authority citation for part 61 workshop on proposed catch- intended by the statute. As a result, we would continue to read as follows: monitoring standards for the non- agreed to add a clarifying phrase to this Authority: 42 U.S.C. 1320a-7e. American Fisheries Act (AFA) trawl term. The revised definition would 2. Section 61.3 would be amended by catcher/processor sector. These exclude administrative fines or republishing the introductory text, and standards are necessary to support citations, corrective action plans and by revising the definition for the term proposed groundfish and prohibited other personnel actions, unless they are ‘‘Any other negative action or finding’’ species allocations to this sector that are (1) connected to the billing, provision or to read as follows: under consideration by the North delivery of health care services, and (2) Pacific Fishery Management Council. § 61.3 Definitions. taken in conjunction with other DATES: The workshop will be held licensure or certification actions such as The following definitions apply to this part: Monday, June 27, 2005, from 10 a.m. to revocation, suspension, censure, 1 p.m. reprimand, probation, or surrender. * * * * * However, we inadvertently omitted this Any other negative action or finding ADDRESSES: The workshop will be held clarifying language to the regulations by a Federal or State licensing agency at the Nordby Center, located in text of the rule itself. Therefore, to be means any action or finding that under Fishermen’s terminal, 1711 W consistent with the intended the State’s law is publicly available Nickerson St, Seattle, WA. clarification and the overall intent of the information, and rendered by a FOR FURTHER INFORMATION CONTACT: final rulemaking, we are correcting this licensing authority, including but not Alan Kinsolving, 907–586–7228. inadvertent error in the definition of the limited to, limitations on the scope of term ‘‘any other negative action or practice, liquidations, injunctions and SUPPLEMENTARY INFORMATION: The North finding’’ that appeared on page 57759 in forfeitures. This definition also includes Pacific Fisheries Management Council is the October 26, 1999 final regulations to final adverse actions rendered by a developing proposed Amendment 80 to include this additional clarifying Federal or State licensing or the Fishery Management Plan for language. certification authority, such as Groundfish of the Bering Sea and exclusions, revocations or suspension of Aleutian Islands Area (FMP). Comments should be addressed license or certification that occur in specifically to the issue of clarifying the Amendment 80 would allocate conjunction with settlements in which prohibited species and target species existing definition of the term in no finding of liability has been made other than Pacific cod and pollock to question in accordance with the earlier (although such a settlement itself is not trawl catcher/processor vessels that are final rulemaking. reportable under the statute). This not qualified to fish for pollock under definition excludes administrative fines Response to Public Comments the AFA. One aspect of the analysis of or citations and corrective action plans alternatives being developed for Comments will be available for public and other personnel actions, unless they inspection beginning on July 8, 2005 in are: Amendment 80 includes options for Room 5518 of the Office of Inspector (1) Connected to the delivery of health catch monitoring, weighing, and General at 330 Independence Avenue, care services; and accounting standards for the non-AFA SW., Washington DC, on Monday (2) taken in conjunction with other trawl catcher/processor sector. NMFS is through Friday of each week from 8 a.m. licensure or certification actions such as conducting the June 27, 2005, workshop to 4 p.m., (202) 619–0089. Because of revocation, suspension, censure, so that interested industry members the number of comments we normally reprimand, probation or surrender. may provide guidance to NMFS on the development and implementation of receive on regulations, we will not * * * * * acknowledge or respond to them these standards. Dated: June 20, 2005. individually. However, we will consider This workshop is not intended to be Ann Agnew, all timely and appropriate comments a forum for providing public comment when developing the final corrections Executive Secretary to the Department. on the proposed rule to implement amendment. [FR Doc. 05–12481 Filed 6–23–05; 8:45 am] proposed Amendment 79 to the FMP. BILLING CODE 4152–01–P List of Subjects in 45 CFR Part 61 That proposed rule also would establish catch monitoring standards for some Billing and transportation services, vessels within the non-AFA trawl Durable medical equipment suppliers DEPARTMENT OF COMMERCE catcher/processor sector. Written and manufacturers, Health care insurers, comments on Amendment 79 may be National Oceanic and Atmospheric Health maintenance organizations, submitted to NMFS consistent with the Administration Health professions, Home health care protocol set forth in the preamble to the agencies, Hospitals, Penalties, proposed rule published in the Federal 50 CFR Part 679 Pharmaceutical suppliers and Register on June 16, 2005 (70 FR 35054). manufacturers, Privacy, Reporting and [I.D. 062005A] This workshop is physically recordkeeping requirements, Skilled accessible to people with disabilities. Fisheries of the Exclusive Economic nursing facilities. Requests for sign language Zone Off Alaska; Public Workshop Therefore, 45 CFR part 61 is proposed interpretation or other auxiliary aids to be amended by making the following AGENCY: National Marine Fisheries should be directed to Alan Kinsolving correcting amendment: Service (NMFS), National Oceanic and (see FOR FURTHER INFORMATION CONTACT).

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Dated: June 20, 2005. Alan D. Risenhoover Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–12584 Filed 6–23–05; 8:45 am] BILLING CODE 3510–22–S

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Notices Federal Register Vol. 70, No. 121

Friday, June 24, 2005

This section of the FEDERAL REGISTER small watershed programs administered Corporation (CCC), will allocate contains documents other than rules or by the Secretary of Agriculture, which resources locally, as appropriate for the proposed rules that are applicable to the are determined by the Secretary of the agriculture operation, to address public. Notices of hearings and investigations, Treasury to be substantially similar to significant resource concerns, meet the committee meetings, agency decisions and the type of programs described in 26 appropriate nondegradation standard, rulings, delegations of authority, filing of petitions and applications and agency U.S.C. 126(a)(1) and (8), may be and to implement or maintain statements of organization and functions are excluded from the recipient’s gross vegetative, active land management, and examples of documents appearing in this income for Federal income tax purposes structural conservation practices section. if certain determinations are made. One included in the plan. Participants will such determination is made by the enter into cost share contracts with the Secretary of Agriculture that program CCC for 5 to 10 years, under which the DEPARTMENT OF AGRICULTURE payments are made ‘‘primarily for the CCC and the participants will share the purpose of conserving soil and water cost of installing new conservation Conservation Security Program; resources, protecting or restoring the practices and activities at a Federal rate Primary Purpose Determination To environment, improving forests, or not to exceed 75 percent or as a flat rate, Exclude Program Payments From providing a habitat for wildlife.’’ To as appropriate. Gross Income Under Section 126 of the make such a ‘‘primary purpose’’ Having carefully examined the Internal Revenue Code determination, the Secretary evaluates authorizing legislation, and planned AGENCY: Office of the Secretary, USDA. conservation program payments based operating procedures for CSP, using the ACTION: Notice of determination. on criteria set forth at 7 CFR Part 14. criteria set forth at 7 CFR Part 14, we Following a primary purpose concluded that the payments for SUMMARY: The Secretary of Agriculture determination by the Secretary of implementing approved contract has determined that existing practice, Agriculture, the Secretary of the practices under this program are made new practice, and enhancement activity Treasury must determine, during primarily for the purpose of conserving payments made to producers under the individual audits, that payments made soil and water resources, protecting and Conservation Security Program (CSP), under the conservation program do not restoring the environment, and authorized under the provision of Title substantially increase the annual providing a habitat for wildlife. II, Subtitle A, Section 2001 of the Farm income derived from the property Determination: As provided by Security and Rural Investment Act of benefited by the payments. Section 126(b) of the Internal Revenue 2002 (Pub. Law 107–171), are made CSP supports ongoing conservation Code, the authorizing legislation, and primarily for the purpose of conserving stewardship of agricultural lands by planned operating procedures regarding soil and water resources, protecting or providing assistance to producers to CSP have been examined in accordance restoring the environment, and maintain and enhance natural resources. with criteria set out at 7 CFR Part 14. providing a habitat for wildlife. This CSP will help producers maintain Based on this examination, we determination is in accordance with conservation stewardship and determined that those payments made Section 126 of the Internal Revenue implement additional conservation for planning, installing, and maintaining Code of 1954, as amended. Subject to a practices that provide added approved practices under this program finding by the Secretary of the Treasury environmental enhancement. are primarily for the purpose of that the program is a small watershed Under CSP program, the Secretary is conserving soil and water resources or program administered by the Secretary authorized to make payments to the protecting and restoring the of Agriculture substantially similar to participant for the Federal share in environment. the type of programs described in 26 accordance with subsection (C)ii, for not U.S.C. 126(a)(1) through (8), this Subject to a finding by the Secretary more than 75 percent (or in the case of of the Treasury that the program is a determination permits recipients to a beginning farmer or rancher, 90 exclude from gross income, for Federal small watershed program administered percent) of the average county costs of by the Secretary of Agriculture income tax purposes, all or part of the practices for the 2001 crop year that are existing practice, new practice, and substantially similar to the type of included in the conservation security programs described in 26 U.S.C. enhancement activity cost-share contract, as determined by the payments made under said program to 126(a)(1) through (8), this determination Secretary, including the costs of (I) the permits recipients to exclude from gross the extent allowed by the Internal adoption of new management, Revenue Service. income, for Federal income tax vegetative, and land-based structural purposes, all or part of the existing FOR FURTHER INFORMATION CONTACT: practices; (II) the maintenance of practice, new practice, and Craig Derickson, Program Manager, existing land management and enhancement activity payments under Conservation Security Program, Natural vegetative practices; and (III) the the extent allowed by the Internal Resources Conservation Service, USDA, maintenance of existing land-based Revenue Service. Box 2890, Washington, DC 20013; (202) structural practices that are approved by 720–3524. the Secretary but not already covered by Signed in Washington, DC on June 14, 2005 SUPPLEMENTARY INFORMATION: Section a Federal or State maintenance 126 of the Internal Revenue Code of requirement. Mike Johanns, 1954, as amended, 26 U.S.C. 126, In implementing the program, the Secretary of Agriculture. provides that part or all of certain Natural Resources Conservation Service, [FR Doc. 05–12516 Filed 6–23–05; 8:45 am] payments made to persons under certain on behalf of the Commodity Credit BILLING CODE 3410–16–M

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DEPARTMENT OF AGRICULTURE Type of Request: Revision of the of 2004, Public Law 108–265 enacted Currently Approved Collection Form. June 30, 2004. Lastly, comments are Food and Nutrition Service Abstract: State agencies administering sought on the inclusion of an EBT card the Special Supplemental Nutrition as an option in reporting the type of Agency Information Collection Program for Women, Infants and food instrument used in the State Activities: Special Supplemental Children (WIC) are required by 7 CFR agency’s food delivery system. Nutrition Program for Women, Infants 246.12(j)(5) to submit to FNS an annual Estimate of Burden: Public reporting and Children (WIC) Proposed summary of the results of their vendor burden for this collection of information Collection; Comment Request Forms monitoring efforts in order to provide is estimated to average 46.56 hours per FNS–698, FNS–699, and FNS–700, The Congress, senior FNS officials, as well response, including the time for Integrity Profile (TIP) as the general public, assurance that reviewing instructions, searching AGENCY: Food and Nutrition Service, every reasonable effort is being made to existing data sources, gathering and USDA. ensure integrity in the WIC Program. maintaining the data needed, and Since 1989, WIC State agencies have ACTION: Notice. completing and reviewing the collection been required to submit such data of information. The total annual burden SUMMARY: In accordance with the annually. FNS compiles the data to on respondents was previously 3,725 Paperwork Reduction Act of 1995, this produce a national report, which shows hours. This revision includes an notice announces the Food and the level of monitoring and adjustment that adds one respondent, Nutrition Service’s (FNS) intention to investigation conducted by WIC State which increases the total annual burden request approval of revision of a agencies to detect and eliminate, or by 46.56 hours, and program changes, currently approved collection, Forms substantially reduce, vendor fraud and which increase the total annual burden FNS–698—State Agency Profile of abuse. Most State agencies download by about 372 hours, for a total annual Integrity Practices and Procedures the data from their automated system increase of 419 hours. Report Form, FNS–699—The Integrity and transmit it electronically to FNS. Respondents: Directors or Profile Report Form, and FNS–700—TIP Comments are being solicited on Administrators of WIC State agencies. Data Entry Form. integrating the TIP reporting system as Estimated Number of Respondents: 89 a subsystem of the Food Stamp Store DATES: Comments on this notice must be respondents. received by August 23, 2005. Tracking and Redemption System Estimated Number of Responses per (STARS). Comments are also being ADDRESSES: Respondent: One. Comments are invited on: solicited on the addition of the (a) Whether the proposed collection of Estimated Total Annual Burden on following proposed data elements to the Respondents: 4,144 hours. information is necessary for the proper TIP Data Entry Form (FNS–700) data Dated: June 3, 2005. performance of the functions of the submission: agency, including whether the (1) Identification of vendors (i.e., Roberto Salazar, information will have practical utility; retail stores) authorized that derive Administrator, Food and Nutrition Service. (b) the accuracy of the agency’s estimate more than 50 percent of their annual [FR Doc. 05–12478 Filed 6–23–05; 8:45 am] of the burden of the proposed collection food sales revenue from WIC food BILLING CODE 3410–30–M of information, including the validity of instruments, and the methodology and assumptions used; (2) The number of months for which (c) ways to enhance the quality, utility redemption data is being reported. In DEPARTMENT OF AGRICULTURE and clarity of the information to be addition, the following data elements collected; and (d) ways to minimize the are proposed for inclusion to the State Food and Nutrition Service burden of the collection of information Agency Profile of Integrity Practices and National Advisory Council on Maternal, on those who are to respond, including Procedures Report Form (FNS–698) data through the use of appropriate Infant and Fetal Nutrition; Notice of submission regarding criteria used to Meeting automated, electronic, mechanical, or select vendors for authorization: other technological collection (1) A vendor must provide a variety AGENCY: Food and Nutrition Service, techniques or other forms of information of foods other than WIC supplemental USDA. technology. Comments may be sent to: foods; ACTION: Notice of meeting. Patricia N. Daniels, Director, (2) A vendor must obtain infant Supplemental Food Programs Division, formula only from the sources on the SUMMARY: Pursuant to the Federal Food and Nutrition Service, U.S. State agency’s list of infant formula Advisory Committee Act, this notice Department of Agriculture, 3101 Park wholesalers, distribution, and retailers, announces a meeting of the National Center Drive, Room 520, Alexandria, VA licensed under State law/regulations Advisory Council on Maternal, Infant 22302. and manufacturers registered with the and Fetal Nutrition. All responses to this notice will be Food and Drug Administration; DATES: August 3–5, 2005, 9 a.m.–5 p.m. summarized and included in the request (3) A vendor must obtain prior ADDRESSES: for OMB approval and will become a approval to provide incentive items to The meeting will be held at matter of public record. WIC participants if the store derives the Food and Nutrition Service, 3101 Park Center Drive, Conference Rooms FOR FURTHER INFORMATION CONTACT: more than 50 percent of its annual food Requests for additional information or sales revenue from WIC food 204 A&B, Alexandria, Virginia 22302. copies of the information collection instruments; and FOR FURTHER INFORMATION CONTACT: form and instructions should be (4) A vendor must be authorized by Anne Bartholomew, Supplemental Food directed to: Patricia N. Daniels, (703) the Food Stamp Program. Most of these Programs Division, Food and Nutrition 305–2749. proposed revisions are a result of Service, Department of Agriculture, SUPPLEMENTARY INFORMATION: amendments made to seciton 17 ot the (703) 305–2086. Title: The Integrity Profile (TIP). Child Nutrition Act of 1966 (42 U.S.C. SUPPLEMENTARY INFORMATION: The OMB Number: 0584–0401. 1786), as amended, by the Child Council will continue its study of the Expiration Date: 06–30–2007. Nutrition and WIC Reauthorization Act Special Supplemental Nutrition

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Program for Women, Infants and Zone Management, all towns on Cape ADDRESSS: Committee for Purchase Children, and the Commodity Cod. From People Who Are Blind or Severely Supplemental Food Program. The Project purposes are watershed Disabled, Jefferson Plaza 2, Suite 10800, agenda items will include a discussion protection and fish and wildlife 1421 Jefferson Davis Highway, of general program issues. Meetings of development. Sponsors objectives are to Arlington, Virginia 22202–3259. the Council are open to the public. (1) improve water quality for shellfish FOR FURTHER INFORMATION OR TO SUBMIT Members of the public may participate, beds, (2) restore degraded salt marshes COMMENTS CONTACT: Sheryl D. Kennerly, as time permits. Members of the public and (3) restore anadromous fish Telephone: (703) 603–7740, Fax: (703) may file written statements with the passages. Alternatives under 603–0655, or e-mail contact person named above, before or consideration to reach these objectives [email protected]. after the meeting. include but are not limited to: SUPPLEMENTARY INFORMATION: On April Objective 1: Constructed wetlands, Dated: June 15, 2005. 15, and April 29, 2005, the Committee infiltration basins or trenches, dry wells, Roberto Salazar, for Purchase From People Who Are and sand filters. Administrator. Blind or Severely Disabled published Objective 2: Enlarging existing notice (70 FR 19924, and 22297/22298) [FR Doc. 05–12479 Filed 6–23–05; 8:45 am] culverts to restore marsh hydrology to of proposed additions to the BILLING CODE 3410–30–P pre-restriction conditions; marsh and pit Procurement List. development to provide fish pools in After consideration of the material marshes. DEPARTMENT OF AGRICULTURE presented to it concerning capability of Objective 3: Water level control qualified nonprofit agencies to provide Natural Resources Conservation structures, fish ladders, and obstruction the products and services and impact of Service removals. the additions on the current or most A draft environmental impact recent contractors, the Committee has Cape Cod Water Resources statement will be prepared and determined that the products and Restoration Project, Barnstable circulated for review by agencies and services listed below are suitable for County, Massachusetts the public. The Natural Resources procurement by the Federal Government Conservation Service invites AGENCY: Natural Resources under 41 U.S.C. 46–48c and 41 CFR 51– participation and consultation of 2.4. Conservation Service, USDA. agencies and individuals that have ACTION: Notice of intent to prepare an special expertise, legal jurisdiction, or Regulatory Flexibility Act Certification environmental impact statement. interest in the preparation of the draft I certify that the following action will environmental impact statement. not have a significant impact on a SUMMARY: Pursuant to section 102(2)(C) Further information on the proposed substantial number of small entities. of the National Environmental Policy action may be obtained for Cecil B. The major factors considered for this Act of 1969; the Council on Currin, State Conservationist, at the certification were: Environmental Quality Guidelines (40 above address and telephone. 1. The action will not result in any CFR part 1500); and the Natural additional reporting, recordkeeping or Resources Conservation Service Signed in Amherst, Massachusetts on June 15, 2005. other compliance requirements for small Guidelines (7 CFR part 650); the Natural entities other than the small Resources Conservation Service, U.S. Cecil B. Currin, State Conservationist. organizations that will furnish the Department of Agriculture, give notice products and services to the that an environmental impact statement (This activity is listed in the Catalog of Government. is being prepared for the Cape Cod Federal Domestic Assistance under No. 2. The action will result in 10.904—Watershed Protection and Flood Watershed, Barnstable County, authorizing small entities to furnish the Massachusetts. Prevention—and is subject to the provisions of Executive Order 12372 which requires products and services to the FOR FURTHER INFORMATION CONTACT: intergovernmental consultation with State Government. Cecil B. Currin, State Conservationist, and local officials.) 3. There are no known regulatory Natural Resources Conservation Service, alternatives which would accomplish [FR Doc. 05–12591 Filed 6–23–05; 8:45 am] 451 West Street, Amherst, MA 01002, the objectives of the Javits–Wagner– 413–253–4351. BILLING CODE 3410–16–P O’Day Act (41 U.S.C. 46–48c) in SUPPLEMENTARY INFORMATION: The connection with the products and environmental assessment of this services proposed for addition to the COMMITTEE FOR PURCHASE FROM Procurement List. federally assisted action indicates that PEOPLE WHO ARE BLIND OR the project may cause significant local, SEVERELY DISABLED End of Certification regional, or national impacts on the Accordingly, the following products environment. As a result of these Procurement List; Additions and services are added to the findings, Cecil B. Currin, State Procurement List: Conservationist, has determined that the AGENCY: Committee for Purchase From preparation and review of an People Who Are Blind or Severely Products environmental impact statement is Disabled. Adhesive Roller Mop needed for this project. ACTION: Additions to Procurement List. NSN: M.R. 1095—Refill Area: Barnstable County, excluding NSN: M.R. 1085—Mop Federal lands. SUMMARY: This action adds to the NPA: Winston-Salem Industries for the Sponsors: Barnstable County Procurement List products and services Blind, Winston-Salem, North Carolina. to be furnished by nonprofit agencies Contracting Activity: Defense Commissary Commissioners and the Cape Cod Agency (DeCA), Fort Lee, Virginia. Conservation District. employing persons who are blind or Partners: Massachusetts Division of have other severe disabilities. Services Marine Fisheries, Massachusetts Coastal EFFECTIVE DATE: July 24, 2005. Service Type/Location: Cleaning Service—

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Gutter Cleaning; Bremerton Naval Washington. Service Type/Location: Provision & Service of Complex, Bremerton, Washington. Contracting Activity: Naval Facilities Chemical Toilets; Bremerton Naval NPA: Skookum Educational Programs, Port Engineering Command, Engineering Complex, Bremerton, Washington. Townsend, Washington. Field Activity, Northwest, Poulsbo, NPA: Skookum Educational Programs, Port Contracting Activity: Naval Facilities Washington. Townsend, Washington. Engineering Command, Engineering Service Type/Location: Grounds Contracting Activity: Naval Facilities Field Activity, Northwest, Poulsbo, Maintenance; Flight Line and Engineering Command, Engineering Washington. Surrounding Runway Areas; NAS Field Activity, Northwest, Poulsbo, Service Type/Location: Custodial Services; Whidbey Island, Washington. Washington. Basewide, Naval Submarine Base, NPA: New Leaf, Inc., Oak Harbor, Service Type/Location: Provision & Service of Bangor, Washington. Washington. Portable Hand Wash Units; Bremerton NPA: Skookum Educational Programs, Port Contracting Activity: Naval Facilities Naval Complex, Bremerton, Washington. Townsend, Washington. Engineering Command, Engineering NPA: Skookum Educational Programs, Port Contracting Activity: Naval Facilities Field Activity, Northwest, Poulsbo, Townsend, Washington. Engineering Command, Engineering Washington. Contracting Activity: Naval Facilities Field Activity, Northwest, Poulsbo, Service Type/Location: Grounds Engineering Command, Engineering Washington. Maintenance; Jackson Park Housing Field Activity, Northwest, Poulsbo, Service Type/Location: Custodial Services; Area, Bremerton, Washington. Washington. Department of Homeland Security, NPA: Peninsula Services, Bremerton, Customs & Border Protection; Pier One Washington. This action does not affect current Ala Moana Blvd., Honolulu, Hawaii. Contracting Activity: Naval Facilities contracts awarded prior to the effective NPA: Lanakila Rehabilitation Center, Engineering Command, Engineering date of this addition or options that may Honolulu, Hawaii. Field Activity, Northwest, Poulsbo, be exercised under those contracts. Contracting Activity: Department of Washington. Homeland Security, Indianapolis, Service Type/Location: Grounds Sheryl D. Kennerly, Indiana. Maintenance; Outlying Field Area (OLF) Director, Information Management. Service Type/Location: Custodial Services; near Coupeville, Washington. [FR Doc. E5–3296 Filed 6–23–05; 8:45 am] Jim Creek Radio Station, Jim Creek, NPA: New Leaf, Inc., Oak Harbor, BILLING CODE 6353–01–P Washington. Washington. NPA: Northwest Center for the Retarded, Contracting Activity: Naval Facilities Seattle, Washington. Engineering Command, Engineering COMMITTEE FOR PURCHASE FROM Contracting Activity: Naval Facilities Field Activity, Northwest, Poulsbo, Engineering Command, Engineering Washington. PEOPLE WHO ARE BLIND OR Field Activity, Northwest, Poulsbo, Service Type/Location: Hospital SEVERELY DISABLED Washington. Housekeeping Services; Naval Hospital Service Type/Location: Custodial Services; Bremerton; HP01 Boone Road, Procurement List; Proposed Additions Naval Undersea Warfare Center Division, Bremerton, Washington. AGENCY: Keyport, Washington. NPA: Skookum Educational Programs, Port Committee for Purchase From NPA: Skookum Educational Programs, Port Townsend, Washington. People Who Are Blind or Severely Townsend, Washington. Contracting Activity: Engineering Field Disabled. Contracting Activity: Naval Facilities Activity, Northwest, Poulsbo, ACTION: Proposed additions to Engineering Command, Engineering Washington. Procurement List. Field Activity, Northwest, Poulsbo, Service Type/Location: Janitorial/Custodial; Washington. Basewide, Fort Dix, New Jersey SUMMARY: The Committee is proposing Service Type/Location: Custodial Services; NPA: Occupational Training Center of to add to the Procurement List services Smokey Point Support Complex, Smokey Burlington County, Mt. Holly, New to be furnished by nonprofit agencies Point, Washington. Jersey. employing persons who are blind or NPA: Northwest Center for the Retarded, Contracting Activity: Army Reserve Seattle, Washington. Contracting Center, Fort Dix, New Jersey. have other severe disabilities. Contracting Activity: Naval Facilities Service Type/Location: Maintenance Comments Must Be Received on or Engineering Command, Engineering Service—Re-lamping; Bremerton Naval Before: July 24, 2005. Field Activity, Northwest, Poulsbo, Complex, Bremerton, Washington. ADDRESSES: Committee for Purchase Washington. NPA: Skookum Educational Programs, Port From People Who Are Blind or Severely Service Type/Location: Grounds Townsend, Washington. Disabled, Jefferson Plaza 2, Suite 10800, Maintenance; Bangor Naval Submarine Contracting Activity: Naval Facilities 1421 Jefferson Davis Highway, Base, Bangor, Washington. Engineering Command, Engineering Arlington, Virginia 22202–3259. NPA: Peninsula Services, Bremerton, Field Activity, Northwest, Poulsbo, Washington. Washington. FOR FURTHER INFORMATION OR TO SUBMIT Contracting Activity: Naval Facilities Service Type/Location: Maintenance COMMENTS CONTACT: Sheryl D. Kennerly, Engineering Command, Engineering Service—Cargo Door; Bremerton Naval Telephone: (703) 603–7740, Fax: (703) Field Activity, Northwest, Poulsbo, Complex, Bremerton, Washington. 603–0655, or e-mail Washington. NPA: Skookum Educational Programs, Port [email protected]. Service Type/Location: Grounds Townsend, Washington. Maintenance; Naval Hospital Bremerton; Contracting Activity: Naval Facilities SUPPLEMENTARY INFORMATION: This HP01 Boone Road, Bremerton, Engineering Command, Engineering notice is published pursuant to 41 Washington. Field Activity, Northwest, Poulsbo, U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its NPA: Peninsula Services, Bremerton, Washington. purpose is to provide interested persons Washington. Service Type/Location: Painting Service— an opportunity to submit comments on Contracting Activity: Naval Facilities Street Striping; Bremerton Naval the proposed actions. Engineering Command, Engineering Complex, Bremerton, Washington. If the Committee approves the Field Activity, Northwest, Poulsbo, NPA: Skookum Educational Programs, Port Washington. Townsend, Washington. proposed additions, the entities of the Service Type/Location: Grounds Contracting Activity: Naval Facilities Federal Government identified in the Maintenance; Camp Wesley Harris Rifle Engineering Command, Engineering notice for each service will be required Range, Bremerton, Washington. Field Activity, Northwest, Poulsbo, to procure the services listed below NPA: Peninsula Services, Bremerton, Washington. from nonprofit agencies employing

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persons who are blind or have other DEPARTMENT OF COMMERCE Commerce, 14th Street and Constitution severe disabilities. Avenue NW, Washington, DC 20230. Foreign–Trade Zones Board Regulatory Flexibility Act Certification SUPPLEMENTARY INFORMATION: The final (Docket 25–2005) determination in this investigation was I certify that the following action will published on May 10, 2005. See Notice not have a significant impact on a Foreign–Trade Zone 18 - Application of Final Determination of Sales at Less substantial number of small entities. for Subzone, Correction Than Fair Value: Chlorinated Isocyanurates From the People’s The major factors considered for this The Federal Register notice (70 FR Republic of China, 70 FR 24502 (May certification were: 31420–31421, 6/1/05), describing the 10, 2005) (‘‘Final Determination’’). 1. If approved, the action will not application by the City of San Jose, result in any additional reporting, grantee of FTZ 18, requesting subzone Scope of the Order recordkeeping or other compliance status for Space Systems/Loral, Inc. The products covered by this order requirements for small entities other located in Palo Alto, Menlo Park and are chlorinated isocyanurates. than the small organizations that will Mountain View, California, is corrected Chlorinated isocyanurates are furnish the services to the Government. as follows. derivatives of cyanuric acid, described The U.S. Department of Commerce 2. If approved, the action will result as chlorinated s–triazine triones. There Export Assistance Center, where the in authorizing small entities to furnish are three primary chemical application is available for public the services to the Government. compositions of chlorinated review, is located at 152 N. Third Street, isocyanurates: (1) trichloroisocyanuric 3. There are no known regulatory Suite 550, San Jose, California 95112. alternatives which would accomplish Comments on the application may be acid (Cl3(NCO)3), (2) sodium the objectives of the Javits–Wagner– dichloroisocyanurate (dihydrate) submitted to the Foreign–Trade Zones ∑ O’Day Act (41 U.S.C. 46–48c) in Board, U.S. Department of Commerce, (NaClf2(NCO)3 2H2O), and (3) sodium connection with the services proposed FCB–Suite 4100W, 1401 Constitution dichloroisocyanurate (anhydrous) for addition to the Procurement List. Avenue, NW, Washington, DC 20230, (NaCl2(NCO)3). Chlorinated Comments on this certification are through August 1, 2005. isocyanurates are available in powder, granular, and tableted forms. This order invited. Commenters should identify the Dated: June 9, 2005. statement(s) underlying the certification covers all chlorinated isocyanurates. Dennis Puccinelli, on which they are providing additional Chlorinated isocyanurates are information. Executive Secretary. currently classifiable under subheadings [FR Doc. 05–12583 Filed 6–23–05; 8:45 am] 2933.69.6015, 2933.69.6021, and End of Certification BILLING CODE 3510–DS–S 2933.69.6050 of the Harmonized Tariff Schedule of the United States The following services are proposed (‘‘HTSUS’’). The tariff classification for addition to Procurement List for DEPARTMENT OF COMMERCE 2933.69.6015 covers sodium production by the nonprofit agencies dichloroisocyanurates (anhydrous and listed: International Trade Administration dihydrate forms) and Services [A–570–898] trichloroisocyanuric acid. The tariff Service Type/Location: Document classifications 2933.69.6021 and Destruction,Internal Revenue Service (At Notice of Antidumping Duty Order: 2933.69.6050 represent basket categories the following locations), 3849 Richardt Chlorinated Isocyanurates from the that include chlorinated isocyanurates Street, Indianapolis, Indiana; 575 People’s Republic of China and other compounds including an Pennsylvania Street, Indianapolis, unfused triazine ring. Although the AGENCY: Import Administration, HTSUS subheadings are provided for Indiana; 7 East Ohio Street, Indianapolis, International Trade Administration, Indiana. convenience and customs purposes, the Department of Commerce. NPA: Shares Inc., Shelbyville, Indiana. written description of the scope of this SUMMARY: Based on affirmative final Contracting Activity: U.S. Treasury, IRS, order is dispositive. determinations by the Department of Chamblee, Georgia. On July 1, 2004, Arch Chemicals, Inc. Commerce (‘‘the Department’’) and the Service Type/Location: Food Service (‘‘Arch’’), an importer, argued that its International Trade Commission Attendant, Naval Construction Battalion patented, formulated, chlorinated (‘‘ITC’’), the Department is issuing an Center, Building 1050, Gulfport, isocyanurates tablet is not covered by antidumping duty order on chlorinated Mississippi. the scope of the investigation. On Isocyanurates from the People’s NPA: Lakeview Center, Inc., Pensacola, December 10, 2004, the Department Republic of China (‘‘PRC’’). On June 17, Florida. found that Arch’s patented chlorinated Contracting Activity: Fleet and Industrial 2005, the ITC notified the Department of isocyanurates tablet is included within Supply Center, Jacksonville, Florida. its affirmative determination of material the scope of this antidumping duty Service Type/Location: Grounds injury to a U.S. industry (Chlorinated investigation. See Memorandum to Maintenance, USDA, Southern Plains Isocyanurates from China and Spain, Barbara E. Tillman, Acting Deputy Agriculture Research Center, 2881 F&B Investigations Nos. 731–TA–1082–1083 Assistant Secretary for Import Road, College Station, Texas. (Final), USITC Publication 3782, June Administration, from Holly A. Kuga, NPA: World Technical Services, Inc., San 2005). Antonio, Texas. Senior Office Director, Office 4, Re: Contracting Activity: USDA, Agriculture EFFECTIVE DATE: June 24, 2005. Scope of the Antidumping Duty Research Service, College Station, Texas. FOR FURTHER INFORMATION CONTACT: Alex Investigations on Chlorinated Villanueva at (202) 482–3208 or Cindy Isocyanurates from the People’s Sheryl D. Kennerly, Lai Robinson at (202) 482–3797; AD/ Republic of China and Spain, dated Director, Information Management. CVD Operations, Office 9, Import December 10, 2004, which is on file in [FR Doc. E5–3297 Filed 6–23–05; 8:45 am] Administration, International Trade the Central Records Unit (‘‘CRU’’), BILLING CODE 6353–01–P Administration, U.S. Department of Room B–099 of the Main Commerce

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building, for a detailed discussion of months. At the request of exporters that Dated: June 21, 2005. comments submitted by Arch. account for a significant proportion of Joseph A. Spetrini, chlorinated isocyanurates, we extended Antidumping Duty Order Acting Assistant Secretary for Import the four-month period to no more than Administration. On June 17, 2005, the ITC notified the six months. See Preliminary [FR Doc. E5–3299 Filed 6–23–05; 8:45 am] Department of its final determination Determination. In the investigation, the BILLING CODE 3510–DS–S pursuant to section 735(b)(1)(A)(I) of the six-month period began on the date of Tariff Act of 1930, as amended (‘‘the the publication of the Preliminary Act’’), that the industry in the United Determination, December 16, 2004, and DEPARTMENT OF COMMERCE States producing chlorinated ended on June 13, 2005. Definitive isocyanurates is materially injured by duties are to begin on the date of International Trade Administration reason of less–than-fair–value imports publication of the ITC’s final injury [A–469–814] of subject merchandise from the PRC. In determination. See section 737 of the addition, the ITC notified the Act. Therefore, in accordance with Chlorinated Isocyanurates from Spain: Department of its final determination section 733(d) of the Act and our Notice of Antidumping Duty Order that critical circumstances do not exist practice, we will instruct CBP to AGENCY: Import Administration, with respect to imports of subject terminate the suspension of liquidation merchandise from the PRC that are International Trade Administration, and to liquidate, without regard to Department of Commerce. subject to the Department’s partial antidumping duties, unliquidated affirmative critical circumstances SUMMARY: Based on affirmative final entries of chlorinated isocyanurates determinations by the Department of finding. Therefore, in accordance with from the PRC entered, or withdrawn section 736(a)(1) of the Act, the Commerce (‘‘the Department’’) and the from warehouse, for consumption on or U.S. International Trade Commission Department will direct U.S. Customs after June 14, 2005, and before the date and Border Protection (‘‘CBP’’) to assess, (‘‘the ITC’’), the Department is issuing of publication of the ITC’s final injury an antidumping duty order on upon further advice by the Department, determination in the Federal Register. antidumping duties equal to the amount chlorinated isocyanurates from Spain. Suspension of liquidation will continue On June 17, 2005, the ITC notified the by which the normal value of the on or after this date. merchandise exceeds the export price of Department of its affirmative On or after the date of publication of determination of injury to a U.S. the merchandise for all relevant entries the ITC’s notice of final affirmative of chlorinated isocyanurates from the industry (Chlorinated Isocyanurates injury determination in the Federal from the People’s Republic of China and PRC. These antidumping duties will be Register, CBP will require, at the same assessed on all unliquidated entries of Spain, Investigations Nos. 731–TA–1082 time as importers would normally and 1083 (Final), Publication 3782 (June chlorinated isocyanurates from the PRC deposit estimated duties on this entered, or withdrawn from the 2005)). merchandise, a cash deposit equal to the warehouse, for consumption on or after EFFECTIVE DATE: June 24, 2005. estimated weighted–average December 16, 2004, the date on which FOR FURTHER INFORMATION CONTACT: antidumping duty margins noted below. the Department published its Thomas Martin and Mark Manning, AD/ The ‘‘PRC–Wide’’ rates apply to all Preliminary Determination. See Notice CVD Operations, Office 4, Import exporters of subject merchandise not of Preliminary Determination of Sales at Administration, International Trade specifically listed. The weighted– Less Than Fair Value and Postponement Administration, U.S. Department of average dumping margins are as follows: of Final Determination: Chlorinated Commerce, 14th Street and Constitution Isocyanurates From the People’s Margin Avenue, NW, Washington, DC 20230; Republic of China, 69 FR 75293 Manufacturer/Exporter (percent) telephone: (202) 482–3936 or (202) 482– (December 16, 2004) (‘‘Preliminary 5253, respectively. Determination’’). Hebei Jiheng Chemical Co., Ltd. 75.78 SUPPLEMENTARY INFORMATION: The final With regard to the ITC negative Nanning Chemical Industry Co., determination in this investigation was critical circumstances determination, Ltd...... 285.63 published on May 10, 2005. See we will instruct CBP to lift suspension Changzhou Clean Chemical Co., Chlorinated Isocyanurates From Spain: Ltd...... 137.69 and to release any bond or other Notice of Final Determination of Sales security, and refund any cash deposit Liaocheng Huaao Chemical In- dustry Co., Ltd...... 137.69 at Less Than Fair Value, 70 FR 24506 made, to secure the payment of Sinochem Hebei Import & Export (May 10, 2005) (‘‘Final Determination’’). antidumping duties with respect to Corporation ...... 137.69 Scope of the Order entries of the merchandise entered, or Sinochem Shanghai Import & withdrawn from warehouse, for Export Corporation ...... 137.69 The products covered by this order consumption on or after September 17, PRC -Wide Rate ...... 285.63 are chlorinated isocyanurates. 2004, but before December 16, 2004. Chlorinated isocyanurates are September 17, 2004, is 90 days prior to This notice constitutes the derivatives of cyanuric acid, described December 16, 2004, the date of antidumping duty order with respect to as chlorinated s–triazine triones. There publication of the Preliminary chlorinated isocyanurates from the PRC, are three primary chemical Determination in the Federal Register. pursuant to section 736(a) of the Act. compositions of chlorinated Section 733(d) of the Act states that Interested parties may contact the isocyanurates: (1) trichloroisocyanuric instructions issued pursuant to an Department’s Central Records Unit, acid (Cl3(NCO)3), (2) sodium affirmative preliminary determination Room B–099 of the main Commerce dichloroisocyanurate (dihydrate) may not remain in effect for more than building, for copies of an updated list of (NaCl2(NCO)3 2H2O), and (3) sodium four months except where exporters antidumping duty orders currently in dichloroisocyanurate (anhydrous) representing a significant proportion of effect. (NaCl2(NCO)3). Chlorinated exports of the subject merchandise This order is published in accordance isocyanurates are available in powder, request the Department to extend that with section 736 (a) of the Act and 19 granular, and tableted forms. This order four-month period to no more than six CFR 351.211. covers all chlorinated isocyanurates.

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Chlorinated isocyanurates are determination in the Federal Register. isocyanurates from Spain. Interested currently classifiable under subheadings See Chlorinated Isocyanurates From parties may contact the Department’s 2933.69.6015, 2933.69.6021, and Spain: Notice of Preliminary Central Records Unit, Room B–099 of 2933.69.6050 of the Harmonized Tariff Determination of Sales at Less Than the main Commerce Building, for copies Schedule of the United States Fair Value and Postponement of Final of an updated list of antidumping duty (‘‘HTSUS’’). The tariff classification Determination, 69 FR 75902 (December orders currently in effect. 2933.69.6015 covers sodium 20, 2004) (‘‘Preliminary This order is issued and published in dichloroisocyanurates (anhydrous and Determination’’). accordance with section 736(a) of the dihydrate forms) and Section 733(d) of the Act states that Act and 19 CFR 351.211. trichloroisocyanuric acid. The tariff instructions issued pursuant to an Dated: June 21, 2005. classifications 2933.69.6021 and affirmative preliminary determination Joseph A. Spetrini, 2933.69.6050 represent basket categories may not remain in effect for more than that include chlorinated isocyanurates Acting Assistant Secretary for Import four months except where exporters Administration. and other compounds including an representing a significant proportion of [FR Doc. E5–3300 Filed 6–23–05; 8:45 am] unfused triazine ring. Although the exports of the subject merchandise HTSUS subheadings are provided for request the Department to extend that BILLING CODE 3510–DS–S convenience and customs purposes, the four-month period to no more than six written description of the scope of this months. At the request of exporters that DEPARTMENT OF COMMERCE order is dispositive. account for a significant proportion of On July 1, 2004, Arch Chemicals, Inc. the Spanish exports of subject International Trade Administration (‘‘Arch’’), an importer, argued that its merchandise, we extended the four- patented, formulated, chlorinated month period to no more than six [C–357–813] isocyanurates tablet is not covered by months. See Preliminary Determination. Honey from Argentina: Final Results of the scope of the investigation. In the In the investigation, the six-month Final Determination, the Department Countervailing Duty Administrative period beginning on the date of the Review found that Arch’s patented chlorinated publication of the Preliminary isocyanurates tablet is included within Determination ended on June 17, 2005. AGENCY: Import Administration, the scope of this antidumping duty Furthermore, section 737 of the Act International Trade Administration, investigation. See Memorandum from states that definitive duties are to begin Department of Commerce. Holly A. Kuga, Senior Office Director, to on the date of publication of the ITC’s SUMMARY: On December 21, 2004, the Barbara E. Tillman, Acting Deputy final injury determination. Therefore, in Department of Commerce (the Assistant Secretary for Import accordance with section 733(d) of the Department) published in the Federal Administration, ‘‘Scope of the Act and our practice, we will instruct Register its preliminary results of Antidumping Duty Investigations of CBP to terminate the suspension of administrative review of the Chlorinated Isocyanurates from the liquidation and to liquidate, without countervailing duty order on honey People’s Republic of China and Spain,’’ regard to antidumping duties, from Argentina for the period January 1, dated December 10, 2004, adopted unliquidated entries of chlorinated 2003, through December 31, 2003. without comment in the Final isocyanurates from Spain entered, or Honey from Argentina: Preliminary Determination. withdrawn from warehouse, for Results of Countervailing Duty Antidumping Duty Order consumption on or after June 18, 2005, Administrative Review, 68 FR 69660 (December 21, 2004) (Preliminary On June 17, 2005, in accordance with and before the date of publication of the section 735(d) of the Tariff Act of 1930, ITC’s final injury determination in the Results). We received no comments as amended (‘‘the Act’’), the ITC notified Federal Register. Suspension of from interested parties; therefore, we the Department of its final liquidation will continue on or after the have made no changes to the net determination pursuant to section date of the publication of the ITC’s final countervailable subsidy rates for the 735(b)(1)(A)(i) of the Act that an injury determination. POR. The final net countervailable industry in the United States is Effective on the date of publication of subsidy rates are listed below in the materially injured by reason of less– the ITC’s final affirmative injury section entitled ‘‘Final Results of than-fair–value imports of chlorinated determination, CBP officers must Administrative Review.’’ isocyanurates from Spain. Therefore, in require, at the same time as importers EFFECTIVE DATE: June 24, 2005. accordance with section 736(a)(1) of the would normally deposit estimated FOR FURTHER INFORMATION CONTACT: Dara Act, the Department will direct U.S. duties on this merchandise, a cash Iserson and Thomas Gilgunn, AD/CVD Customs and Border Protection (‘‘CBP’’) deposit equal to the estimated Operations, Office 6, Import to assess, upon further instruction by weighted–average antidumping duty Administration, U.S. Department of the Department, antidumping duties margins as noted below. The all others’ Commerce, Room 7866, 14th Street and equal to the amount by which the rate applies to all manufacturers and Constitution Avenue, NW, Washington, normal value of the merchandise exporters of subject merchandise not DC 20230; telephone (202) 482–4052 or exceeds the export price (or the specifically listed. The weighted– (202) 482–4236, respectively. average dumping margins are as follows: constructed export price) of the SUPPLEMENTARY INFORMATION: merchandise for all relevant entries of Weighted–Average Background chlorinated isocyanurates from Spain. Manufacturer/exporter Margin (percent) These antidumping duties will be In response to requests for an assessed on all entries of chlorinated Aragonesas Delsa S.A. 24.83 administrative review of the isocyanurates from Spain entered, or All Others ...... 24.83 countervailing duty (CVD) order on withdrawn from warehouse, for honey from Argentina from the consumption on or after December 20, Pursuant to section 736(a) of the Act, Government of Argentina (GOA) 2004, the date on which the Department this notice constitutes the antidumping (respondents) and the American Honey published its notice of preliminary duty order with respect to chlorinated Producers Association and Sioux Honey

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Association (petitioners), the findings with respect to each of these III. Program Determined to be Department initiated an administrative programs. For a complete analysis of the Terminated review for the period January 1, 2003, programs found to be countervailable, through December 31, 2003. See not used, and terminated, see Factor de Convergencia (Convergence Initiation of Antidumping and Preliminary Results. Factor) Countervailing Duty Administrative We will disclose our calculations to I. Programs Determined to be Reviews and Request for Revocation in the interested parties in accordance Countervailable Part, 69 FR 3117 (January 22, 2004) with section 351.224(b) of the (Initiation Notice). A. Federal Programs regulations. On December 21, 2004, the Assessment and Cash Deposit Department published in the Federal Programs Determined to Ad Valorem Rate Register the preliminary results of the be Countervailable Instructions administrative review of the Regional Productive Re- In accordance with section countervailing duty order on honey vitalization Program .. 0.010 percent 777A(e)(2)(B) of the Act, we have from Argentina. See Preliminary BNA Financing for the calculated the net countervailable Results. From April 18 through April Acquisition of Goods subsidy rates on an aggregate or 20, 2005, the Department conducted of Argentine Origin .... 0.005 percent industry–wide basis for exports of verification of the responses of the GOA. subject merchandise in this On May 9, 2005, the Department B. Provincial Programs administrative review. Accordingly, we released the verification report to determine the total net countervailable interested parties. See Second Programs Determined to Ad Valorem Rate subsidy rate to be 0.08 percent ad Administrative Review of Honey from be Countervailable valorem for the POR. This rate is de Argentina: Verification Report for the Province of San Luis minimis within the meaning of 19 CFR Government of Argentina (May 9, 2005) Honey Development 351.106(c)(1). (Honey Verification Report). The Program ...... 0.015 percent Department invited comments on the Province of Chaco Line Because the countervailable subsidy preliminary results and the verification of Credit Earmarked rate is de minimis, the Department will report. Neither the petitioners nor the for the Honey Sector 0.015 percent instruct CBP to liquidate shipments of respondents submitted comments. Buenos Aires Honey honey from Argentina entered, or Therefore, the Department has not made Program ...... 0.038 percent withdrawn from warehouse, for changes to the Preliminary Results. consumption on or after January 1, II. Programs Determined to be Not Used 2003, and on or before December 31, Scope of the Order 2003 without regard to countervailing A. Federal Programs The merchandise covered by this duties. The Department will issue 1. Argentine Internal Tax order is artificial honey containing more appropriate assessment instructions Reimbursement/Rebate Program than 50 percent natural honeys by directly to the CBP within 15 days of (Reintegro) weight, preparations of natural honey publication of these final results of 2. BICE Norm 001: Financing of containing more than 50 percent natural review. Further, since the Production of Goods Destined for honeys by weight, and flavored honey. countervailable subsidy rate is de Export The subject merchandise includes all minimis, the Department will instruct 3. BICE Norm 007: Line of Credit grades and colors of honey whether in CBP to continue to suspend liquidation Offered to Finance Industrial liquid, creamed, combs, cut comb, or of entries but to collect no cash deposits Investment Projects to Restructure chunk form, and whether packaged for of estimated countervailing duties for all and Modernize the Argentine retail or in bulk form. shipments of honey from Argentina Industry The merchandise subject to this order entered, or withdrawn from warehouse, 4. BNA Line of Credit to the is currently classifiable under for consumption on or after the date of Agricultural Producers of the subheadings 0409.00.00, 1702.90, and publication of these final results of Patagonia 2106.90.99 of the Harmonized Tariff administrative review. Schedule of the United States (HTSUS). 5. BNA Pre–Financing of Exports Although the HTSUS subheadings are Regime for the Agricultural Sector Return or Destruction of Propriety provided for convenience and U.S. 6. Production Pole Program for Honey Information Producers Customs and Border Protection (CBP) This notice serves as a reminder to purposes, the Department’s written 7. Enterprise Restructuring Program 8. SGRs - Government Backed Loans parties subject to administrative description of the merchandise covered protective order (APO) of their by this order is dispositive. Guarantees 9. Fundacion Export AR responsibility concerning the Final Results of Administrative Review 10. PROAPI disposition of proprietary information Neither the petitioners nor B. Provincial Programs disclosed under APO in accordance respondents commented on the 1. Buenos Aires Honey Program with 19 CFR § 351.305. Timely written preliminary results or on the a. The Line of Credit for Working notification of return/destruction of verification reports and we found that Capital APO materials or conversion to judicial no changes were warranted based on the b. Technical Assistance protective order is hereby requested. results of verification. See Honey 2. Province of Entre Rios Honey Failure to comply with the regulations Verification Report. Therefore, we have Program and the terms of an APO is sanctionable made no changes to the net 3. Province of Chubut: Province of violation. countervailable subsidy rates for the Chubut Law No. 4430/98 This administrative review and notice POR. 4. Province of Santiago del Estero are issued and published in accordance Listed below are the programs we Creditos de Confinanzas (Trust with section 751(a)(1) and 777(i)(1) of examined in the review and our Credits) the Act.

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Dated: June 17, 2005. 1. Open to public—Monday, July 25, to NOS and attending the scoping Joseph A. Spetrini, 2005, Inupiat Heritage Center, 5421 meetings. North Star Street, Barrow, Alaska, 1–5 Acting Assistant Secretary for Import Special Accommodations Administration. p.m. [FR Doc. E5–3298 Filed 6–23–05; 8:45 am] 2. Open to the public—Wednesday, The meetings are physically BILLING CODE 3510–DS–S July 27, 2005, Egan Room, Egan accessible to people with disabilities. Convention Center, 555 W 5th Street, Requests for sign language Anchorage, AK, 8 a.m. to 5 p.m. interpretation or other auxiliary aids DEPARTMENT OF COMMERCE 3. Open to the public—Thursday, July should be directed to Helen Bass at least 28, 2005, Centennial Hall Convention 5 days prior to the meeting date. National Oceanic and Atmospheric Center, 101 Egan Drive, Juneau, AK, 8 Dated: June 21, 2005. Administration a.m. to 5 p.m. Mitchell Luxenberg, Environmental Impact Statement (EIS) SUPPLEMENTARY INFORMATION: In 2004, Acting Director, Management and Budget, for the Proposed Approval of the State of Alaska adopted legislation National Ocean Service, National Oceanic and Atmospheric Administration. Amendments to the Alaska Coastal that made substantial revisions to its Management Program federally-approved Coastal Management [FR Doc. 05–12630 Filed 6–23–05; 8:45 am] Program. As required under the Coastal BILLING CODE 3510–08–M AGENCY: National Ocean Service (NOS), Zone Management Act of 1972, as National Oceanic and Atmospheric amended (CZMA) and OCRM Administration (NOAA), U.S. regulations on amendments to approved DEPARTMENT OF DEFENSE Department of Commerce. state coastal zone management programs ACTION: Notice of intent to prepare an (15 CFR part 923, subpart H), states Office of the Secretary EIS; request for comments. must submit changes to their program and its enforceable policies to OCRM for Submission for OMB Review; SUMMARY: NOAA announces its approval in order to allow continued Comment Request intention to prepare an EIS in Federal funding for program AGENCY: Notice. accordance with the National implementation and application of ACTION: The Department of Defense has Environmental Policy Act of 1969 for Federal consistency under the new submitted to OMB for clearance, the the proposed approval of amendments enforceable policies. Consequently, following proposal for collection of submitted by the State of Alaska to its Alaska worked with OCRM to submit information under the provisions of the Coastal Management Program. The State the program changes. The proposed Paperwork Reduction Act (44 U.S.C. has adopted regulatory changes to its Federal action under the National Chapter 35). Process for Consistency Review (11 Environmental Policy Act of 1969, as AAC 150), Standards for the Alaska amended (NEPA), 42 USC 4321 et seq., DATES: Consideration will be given to all Coastal Management Program (11 AAC is OCRM’s approval of the incorporation comments received by [July 25, 2005]. 180), and Guidelines of the Alaska of the revised program and its Title and OMB Number: Defense Coastal Management Program (11 AAC enforceable policies into the Alaska Federal Acquisition Regulation 185). Coastal Management Program (ACMP) Supplement (DFARS), Part 229, Taxes, DATES: Written comments on the intent The program changes that Alaska has and related clauses at 252.229; OMB to prepare an EIS will be accepted on or adopted are substantial. The purposes Control Number 0704–0390. before August 5, 2005. Scoping meetings behind adopting the amendments were Type of Request: Extension. are scheduled as follows: to improve the State’s consistency Number of Respondents: 23. 1. July 25, 2005; 1 p.m.–5 p.m., review process both in timing and Responses per Respondent: 1. Inupiat Heritage Center, Barrow, AK. predictability, reduce duplication of Annual Responses: 23. 2. July 27, 2005; 8 a.m.–5 p.m., Egan permit review with uneven application Average Burden per Response: 4 Convention Center, Anchorage, AK. of vague standards, and provide hours. 3. July 28, 2005; 8 a.m.–5 p.m., certainty for capital commitments. Annual Burden Hours: 92. Needs and Uses: DoD uses this Centennial Hall Convention Center, This environment impact statement information to determine if DoD Juneau, AK. evaluates alternatives and contractors in the United Kingdom have ADDRESSES: environmental consequences for only Written comments on attempted to obtain relief from customs two actions that are available to OCRM: suggested alternatives and potential duty on vehicle fuels in accordance (1) Approve the program amendments impacts should be sent to John R. King, with contract requirements. Responsible Program Officer, Coastal as part of the State’s Federally-approved Affected Public: Business or other for- Programs Division, Office of Ocean and coastal management program, and (2) do profit. Coastal Resource Management, National not approved the program amendments, Frequency: On occasion. Ocean Service, SSMC4, Room 11305, or status quo. The State has already Respondent’s Obligation: Required to 1305 East-West Highway, Silver Spring, adopted these revised regulations, thus, obtain or retain benefits. MD 20910-3281, (e-mail: the status quo would mean that the new OMB Desk Officer: Mr. Lewis [email protected]) or to Helen Bass, statutes and regulations would not be Oleinick. Environmental Protection Specialist, part of the State’s federally-approved Written comments and Coastal Programs Division, Office of coastal management program. recommendations on the proposed Ocean and Coastal Resource The purpose of the scoping meetings information collection should be sent to Management, National Ocean Service, is to identify the scope of issues that Mr. Oleinick at the Office of SSMC4, N/ORM3, Room 11207, 1305 will be addressed in the EIS and to Management and Budget, Desk Officer East-West Highway, Silver Spring, MD identify potential impacts on the quality for DoD, Room 10236, New Executive 20910 (e-mail [email protected].) of the human environment and potential Office Building, Washington, DC 20503. Scoping meetings will be held as alternatives. Public participation is DOD Clearance Officer: Ms. Patricia follows: invited by providing written comments Toppings.

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Written requests for copies of the DOD Clearance Officer: Ms. Patricia OMB Desk Officer: Mr. John Kraemer. information collection proposal should Toppings. Written comments and be sent to Ms. Toppings, WHS/ESCD/ Written requests for copies of the recommendations on the proposed Information Management Division, 1225 information collection proposal should information collection should be sent to South Clark Street, Suite 504, Arlington, be sent to Ms. Toppings, WHS/ESCD/ Mr. Kraemer at the Office of VA 22202–4326. Information Management Division, 1225 Management and Budget, Desk Officer Dated: June 15, 2005. South Clark Street, Suite 504, Arlington, for DoD, Room 10236, New Executive VA 22202–4326. Office Building, Washington, DC 20503. Patricia L. Toppings, Dated: June 15, 2005. DOD Clearance Officer: Ms.Patricia Alternate OSD Federal Register Liaison Toppings. Officer, Department of Defense. Patricia L. Toppings, Written requests for copies of the [FR Doc. 05–12482 Filed 6–23–05; 8:45 am] Alternate OSD Federal Register Liaison information collection proposal should BILLING CODE 5001–06–M Office, Department of Defense. be sent to Ms. Toppings, WHS/ESD/ [FR Doc. 05–12506 Filed 6–23–05; 8:45 am] Information Management Division, 1225 BILLING CODE 5001–06–M South Clark Street, Suite 504, Arlington, DEPARTMENT OF DEFENSE VA 22202–4326. Office of the Secretary DEPARTMENT OF DEFENSE Dated: June 15, 2005. Patricia L.Toppings, Submission for OMB Review; Office of the Secretary Alternate OSD Federal Register Liaison Comment Request Officer, Department of Defense. Submission for OMB review; Comment [FR Doc. 05–12507 Filed 6–23–05; 8:45 am] AGENCY: Department of Defense. Request ACTION: Notice BILLING CODE 5001–06–M AGENCY: Department of Defense. The Department of Defense has ACTION: Notice DEPARTMENT OF DEFENSE submitted to OMB for clearance, the following proposal for collection of The Department of Defense has Department of the Navy information under the provisions of the submitted to OMB for clearance, the Paperwork Reduction Act (44 U.S.C. following proposal for collection of Notice of Intent To Prepare a Chapter 35). information under the provisions of the Supplement to the 2003 Environmental DATES: Consideration will be given to all Paperwork Reduction Act (44 U.S.C. Impact Statement for Introduction of comments received by July 25, 2005. Chapter 35). the F/A–18 E/F (Super Hornet) Aircraft Title and OMB Number: Defense DATES: Consideration will be given to all to the East Coast of the United States Federal Acquisition Regulation comments received by July 25, 2005. Supplement (DFARS), Part 216, Types Title, Form, and OMB Number: Health AGENCY: Department of the Navy, DOD. of Contracts, and related clauses in Part Insurance Claim form; UB–92 HCFA– ACTION: Notice. 1450; OMB Number 0720–0013. 252.216; OMB Control Number 074– SUMMARY: Pursuant to section (102)(2)(c) Type of Request: Extension. 0259. of the National Environmental Policy Number of Respondents: 7,836. Type of Request: Extension. Act (NEPA) of 1969, and the regulations Number of Respondents: 204. Responses per Respondent: 268. implemented by the Council on Responses per Respondent: 1.94. Annual Responses: 2,100,000. Annual Responses: 395. Average Burden per Response: 15 Environmental Quality (40 CFR parts Average Burden per Response: 4.03 minutes 1500–1508), the Department of the Navy hours. Annual Burden Hours: 525,000. (Navy) intends to prepare a Annual Burden Hours: 1,592. Needs and Uses: This information Supplemental Environmental Impact Needs and Uses: The clauses at collection is necessary for a medical Statement (SEIS) for the Introduction of DRARS 252.216–7000, 252.216–7001, institution to claim benefits under the the F/A–18 E/F Super Hornet Aircraft to and 252.216–7003 require contractors defense Health Program, TRICARE, the East Coast of the United States. The with fixed-price economic price which includes the Civilian Health and SEIS will provide additional analysis of adjustment contracts to submit Medical Program for the Uniformed the environmental consequences information to the contracting officer Services (CHAMPUS). The information associated with the construction and regarding changes in established collected will be used by TRICARE/ operation of an Outlying Landing Field material prices or wage rates. The CHAMPUS to determine beneficiary (OLF) to support Field Carrier Landing contracting officer uses this information eligibility, other health insurance Practice (FCLP) operations of Super to make appropriate adjustments to liability, certification that the Hornet squadrons stationed at Naval Air contract prices. beneficiary received care, and that the Station (NAS) Oceana, Virginia, and Affected Public: Business or other for- provider is authorized to receive Marine Corps Air Station (MCAS) profit. TRICARE/CHAMPUS payments. The Cherry Point, North Carolina. Frequency: On occasion. form will be used by TRICARE/ FOR FURTHER INFORMATION CONTACT: To Respondent’s Obligation: Required to CHAMPUS and its contractors to be included on the Navy’s distribution obtain or retain benefits. determine the amount of benefits to be list for the SEIS, requests should be OMB Desk Officer: Mr. Lewis paid to TRICARE/CHAMPUS made online through the project Web Oleinick. Written comments and institutional providers. site http://www.efaircraft.ene.com recommendations on the proposed Affected Public: Individuals or under ‘‘distribution list’’ or directed in information collection should be sent to households; business or other for-profit; writing to: Mr. Dan Cecchini, Code Mr. Oleinick at the Office of not-for-profit institutions. EV42, Naval Facilities Engineering Management and Budget, Desk Officer Frequency: On occasion. Command (NAVFAC) Atlantic, 6506 for DoD, Room 10236, New Executive Respondent’s Obligation: Required to Hampton BLVD, Norfolk, VA 23508, fax: Office Building, Washington, DC 20503. obtain or retain benefits (757) 322–4984.

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SUPPLEMENTARY INFORMATION: In July deficient. The U.S. Fish and Wildlife the Naval Surface Warfare Center, Crane 2003, the Navy completed the Final Service, with special expertise in the Div., Code 054, Bldg 2, 300 HWY 361, Environmental Impact Statement (EIS) area of migratory waterfowl and wildlife Crane, IN 47522–5001 and must include for the Introduction of F/A–18 E/F refuges, will be asked to participate as the patent number. (Super Hornet) Aircraft to the East Coast a cooperating agency pursuant to 40 FOR FURTHER INFORMATION CONTACT: Mr. of the United States. In the Final EIS, CFR 1501.6. The five alternative OLF Brian Bailey, Naval Surface Warfare the Navy evaluated the environmental sites in northeastern North Carolina that Center, Crane Div., Code 054, Bldg 2, consequences of homebasing 10 Super were evaluated in the Final EIS and that 300 HWY 361, Crane, IN 47522–5001, Hornet fleet squadrons (120 aircraft) and support the homebasing of the Super telephone 812–854–1865. An one Fleet Replacement Squadron (FRS) Hornets at NAS Oceana and MCAS application for license may be (24 aircraft) at various locations on the Cherry Point will be considered in the downloaded from: http:// East Coast of the United States. SEIS. Those sites include Site A in www.crane.navy.mil/newscommunity/ Additionally, in the Final EIS, the Navy Perquimans County, Site B in Bertie techtrans_CranePatents.asp. evaluated the environmental County, Site C in Washington County, consequences associated with Site D in Hyde County, and Site E in (Authority: 35 U.S.C. 207, 37 CFR part 404.) constructing and operating a new OLF Craven County, North Carolina. Dated: June 14, 2005. to support FCLP operations of the Super To receive a copy of the Draft SEIS, I. C. Le Moyne Jr., Hornet squadrons. please provide your name and address Lieutenant, Judge Advocate General’s Corps, The Assistant Secretary of the Navy via the project Web site http:// U.S. Navy, Alternate Federal Register Liaison for Installations and Environment www.efaircraft.ene.com or in writing to Officer. reviewed the Final EIS, and after the point of contact identified in this [FR Doc. 05–12493 Filed 6–23–05; 8:45 am] carefully weighing the operational, notice. Project-related information and BILLING CODE 3810–FF–P social, economic, and environmental an electronic version of the Draft SEIS, consequences of the proposed action, when completed, will also be available determined the Navy would homebase on the project Web site http:// DEPARTMENT OF DEFENSE eight Super Hornet squadrons (and the www.efaircraft.ene.com. Public hearings FRS) at NAS Oceana, two squadrons at will be held in the vicinity of each of Department of the Navy MCAS Cherry Point, and construct an the alternative OLF sites during the 45- OLF in Washington County, North day public and agency review period. Notice of Availability of Government- Carolina. The Record of Decision was Dates, locations, and times for the Owned Inventions; Available for published in the Federal Register on public hearings will be announced in Licensing September 10, 2003, (68 FR 53353). The the Federal Register and local media. decision to construct and operate an AGENCY: Department of the Navy, DOD. OLF in Washington County Dated: June 20, 2005. ACTION: Notice. implemented the preferred OLF I. C. Le Moyne Jr., alternative Site C, identified in the Final Lieutenant, Judge Advocate General’s Corps, SUMMARY: The inventions listed below EIS. U.S. Navy, Alternate Federal Register Liaison are assigned to the United States The National Audubon Society, North Officer. Government, as represented by the Carolina Wildlife Federation, Defenders [FR Doc. 05–12486 Filed 6–23–05; 8:45 am] Secretary of the Navy and are available of Wildlife, and Washington and BILLING CODE 3810–FF–P for licensing by the Department of the Beaufort Counties filed a lawsuit Navy. U.S. Patent No. 6,879,011 entitled challenging the Navy’s decision on the ‘‘Magnetically Shielded Circuit Board’’ basis that the Navy’s NEPA analysis was DEPARTMENT OF DEFENSE and U.S. Patent Application No. 11/ inadequate. On February 18, 2005, the 108,150 entitled ‘‘Method for Field Department of the Navy U.S. District Court for the Eastern Calibrating an Ion Spectrometer’’. District of North Carolina held that the Notice of Availability of Government- ADDRESSES: Requests for copies of the Final EIS was deficient and enjoined the Owned Inventions; Available for inventions cited should be directed to Navy from taking any further activity Licensing the Naval Surface Warfare Center, Crane associated with the planning, Div., Code 054, Bldg 1, 300 HWY 361, development, or construction of the AGENCY: Department of the Navy, DOD. Crane, IN 47522–5001 and must include OLF at Site C until the Navy fully ACTION: Notice. the patent number. complied with the National FOR FURTHER INFORMATION CONTACT: Mr. SUMMARY: The inventions listed below Environmental Policy Act (NEPA) Brian Bailey, Naval Surface Warfare are assigned to the United States regarding construction and operation of Center, Crane Div., Code 054, Bldg 1, Government, as represented by the an OLF. 300 HWY 361, Crane, IN 47522–5001, Secretary of the Navy and are available The Navy filed an appeal of the Telephone (812) 854–1865. An for licensing by the Department of the District Court’s decision with the Fourth application for license may be Navy. U.S. Patent No. 6,903,676 entitled Circuit Court of Appeals. The Navy downloaded from: http:// ‘‘Integrated Radar, Optical Surveillance, determined that the need for a new OLF, www.crane.navy.mil/newscommunity/ and Sighting System’’, U.S. Patent No. whether at Site C or elsewhere, is so techtrans_CranePatents.asp. urgent and critical that the Navy must 6,902,316 entitled ‘‘Non-Invasive proceed simultaneously with the appeal Corrosion Sensor’’, U.S. Patent (Authority: 35 U.S.C. 207, 37 CFR part 404.) while initiating the SEIS. Should the Application No. 11/144,849 entitled Dated: June 14, 2005. Fourth Circuit find on appeal that the ‘‘Improved Pyrotechnic Thermite I. C. Le Moyne Jr. Navy fully complied with NEPA, the Composition’’, and U.S. Patent Lieutenant, Judge Advocate General’s Corps, Navy may elect to discontinue the SEIS Application No. 11/144,850 entitled U.S. Navy, Alternate Federal Register Liaison process, in whole, or in part. ‘‘Smokeless Flash Powder’’. Officer. The SEIS will address those areas ADDRESSES: Requests for copies of the [FR Doc. 05–12494 Filed 6–23–05; 8:45 am] identified by the District Court to be inventions cited should be directed to BILLING CODE 3810–FF–P

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DEPARTMENT OF EDUCATION This priority is: Under this priority 20794–1398. Telephone (toll free): 1– the Department provides funding to 877–433–7827. Fax: (301) 470–1244. If Office of Safe and Drug-Free Schools; Institutions of higher education (IHEs) you use a telecommunications device Overview Information; Alcohol and that have been implementing effective for the deaf (TDD), you may call (toll Other Drug Prevention Models on alcohol and other drug prevention free): 1–877–576–7734. College Campuses; Notice Inviting programs on their campuses. An IHE You may also contact ED Pubs at its Applications for New Awards for Fiscal that receives funding under this priority Web site: http://www.ed.gov/pubs/ Year (FY) 2005 must identify, enhance, further evaluate, edpubs.html or you may contact ED and disseminate information about an Pubs at its e-mail address: Catalog of Federal Domestic Assistance (CFDA) Number: 84.184N. effective alcohol or other drug [email protected]. prevention program being implemented If you request an application from ED DATES: Applications Available: June 24, on its campus. To meet the priority, Pubs, be sure to identify this 2005. applicants must provide in their competition as follows: CFDA number Deadline for Transmittal of application— 84.184N. Applications: August 1, 2005. (1) A description of an alcohol or Copies of the application package for Deadline for Intergovernmental other drug prevention program that has this competition can also be found at: Review: August 31, 2005. been implemented for at least two full http://www.ed.gov/about/offices/list/ Eligible Applicants: Institutions of academic years on the applicant’s osdfs/programs.html. higher education (IHEs) that offer an campus; Individuals with disabilities may associate or baccalaureate degree. (2) Evidence of the effectiveness of the obtain a copy of the application package Additionally, an IHE must not have program on the applicant’s campus; in an alternative format (e.g., Braille, received an award under this grant (3) A plan to enhance and further large print, audiotape, or computer competition (CFDA 84.184N) during the evaluate the program during the project diskette) on request to one of the contact previous five fiscal years (fiscal years period; and persons listed in Section VII of this 2000 through 2004). (4) A plan to disseminate information notice under FOR FURTHER INFORMATION Estimated Available Funds: $750,000. to assist other IHEs in implementing a CONTACT. Contingent upon the availability of similar program. 2. Content and Form of Application funds and the quality of applications, Program Authority: 20 U.S.C. 7131. Submission: Requirements concerning we may make additional awards in FY Applicable Regulations: (a) The the content of an application, together 2006 based on the list of unfunded Education Department General with the forms you must submit, are in applications from this competition. Administrative Regulations (EDGAR) in the application package for this Estimated Range of Awards: $50,000– 34 CFR parts 74, 75, 77, 79, 80, 81, 82, program. $125,000. 84, 85, 86, 97, 98, 99, and 299. 3. Submission Dates and Times: Estimated Average Size of Awards: (b) The notice of final priority and Applications Available: June 24, 2005. $75,000. eligibility requirements, published Deadline for Transmittal of Estimated Number of Awards: 10. elsewhere in this issue of the Federal Applications: August 1, 2005. Register. Note: The Department is not bound by any Applications for grants under this estimates in this notice. II. Award Information program may be submitted electronically using the Grants.gov Project Period: Up to 15 months. Type of Award: Discretionary Grants. Apply site (Grants.gov), or in paper Estimated Available Funds: $750,000. Full Text of Announcement format by mail or hand delivery. For Estimated Range of Awards: $50,000– information (including dates and times) I. Funding Opportunity Description $125,000. about how to submit your application Purpose of Program: We seek to Estimated Average Size of Awards: electronically, or by mail or hand support projects addressing high-risk $75,000. delivery, please refer to section IV.6. drinking and drug use which can Estimated Number of Awards: 10. Other Submission Requirements in this become practical models for replication Note: The Department is not bound by any notice. and adaptation in other college estimates in this notice. We do not consider an application communities. The goals of this program Project Period: Up to 15 months. that does not comply with the deadline are to identify models of effective requirements. campus-based alcohol and other drug III. Eligibility Information Deadline for Intergovernmental prevention programs and disseminate 1. Eligible Applicants: Institutions of Review: August 31, 2005. information about these programs to higher education (IHEs) that offer an 4. Intergovernmental Review: This other colleges and universities where associate or baccalaureate degree. program is subject to Executive Order similar efforts may be adopted. Additionally, an IHE must not have 12372 and the regulations in 34 CFR Priority: This priority is from the received an award under this grant part 79. Information about notice of final priority and eligibility competition (CFDA 84.184N) during the Intergovernmental Review of Federal requirements for this program, previous five fiscal years (fiscal years Programs under Executive Order 12372 published elsewhere in this issue of the 2000 through 2004). is in the application package for this Federal Register. 2. Cost Sharing or Matching: This program. Absolute Priority: For FY 2005 and program does not involve cost sharing 5. Funding Restrictions: We reference any subsequent year in which we make or matching. regulations outlining funding awards on the basis of the list of restrictions in the Applicable unfunded applications from this IV. Application and Submission Regulations section of this notice. competition, this priority is an absolute Information 6. Other Submission Requirements: priority. Under 34 CFR 75.105(c)(3) we 1. Address To Request Application Applications for grants under the consider only applications that meet Package: Education Publications Center Alcohol and Other Drug Prevention this priority. (ED Pubs), P.O. Box 1398, Jessup, MD Models on College Campuses Program

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may be submitted electronically or in • The amount of time it can take to U.S. Department of Education, paper format by mail or hand delivery. upload an application will vary Application Control Center, a. Electronic Submission of depending on a variety of factors Attention: (CFDA Number 84.184N), Applications. including the size of the application and 400 Maryland Avenue, SW., We have been accepting applications the speed of your Internet connection. Washington, DC 20202–4260; or electronically through the Department’s Therefore, we strongly recommend that By mail through a commercial carrier: e-Application system since FY 2000. In you do not wait until the application U.S. Department of Education, order to expand on those efforts and deadline date to begin the application Application Control Center ‘‘Stop comply with the President’s process through Grants.gov. • 4260, Attention: (CFDA Number Management Agenda, we are continuing You should review and follow the 84.184N), 7100 Old Landover Road, to participate as a partner in the new Education Submission Procedures for Landover, MD 20785–1506. government wide Grants.gov Apply site submitting an application through Regardless of which address you use, in FY 2005. Alcohol and Other Drug Grants.gov that are included in the you must show proof of mailing Prevention Models on College application package for this program to consisting of one of the following: Campuses Program-CFDA Number ensure that your application is (1) A legibly dated U.S. Postal Service 84.184N is one of the programs included submitted timely to the Grants.gov postmark, in this project. system. (2) A legible mail receipt with the • To use Grants.gov, you, as the If you choose to submit your date of mailing stamped by the U.S. applicant, must have a D-U-N-S Number application electronically, you must use Postal Service, and register in the Central Contractor the Grants.gov Apply site (Grants.gov). (3) A dated shipping label, invoice, or Registry (CCR). You should allow a Through this site, you will be able to receipt from a commercial carrier, or minimum of five business days to download a copy of the application (4) Any other proof of mailing package, complete it offline, and then complete the CCR registration. • acceptable to the Secretary of the U.S. upload and submit your application. You will not receive additional Department of Education. You may not e-mail an electronic copy point value because you submit your If you mail your application through of a grant application to us. We request application in electronic format, nor the U.S. Postal Service, we do not your participation in Grants.gov. will we penalize you if you submit your accept either of the following as proof You may access the electronic grant application in paper format. • of mailing: application for Alcohol and Other Drug You may submit all documents (1) A private metered postmark, or Prevention Models on College electronically, including all information (2) A mail receipt that is not dated by Campuses Program at: http:// typically included on the Application the U.S. Postal Service. www.grants.gov. You must search for for Federal Education Assistance (ED If your application is postmarked after the downloadable application package 424), Budget Information—Non- the application deadline date, we will for this program by the CFDA number. Construction Programs (ED 524), and all not consider your application. Do not include the CFDA number’s necessary assurances and certifications. alpha suffix in your search. Any narrative sections of your Note: The U.S. Postal Service does not Please note the following: application must be attached as files in uniformly provide a dated postmark. Before • relying on this method, you should check Your participation in Grants.gov is a .DOC (document), .RTF (rich text) or with your local post office. voluntary. .PDF (Portable Document) format. • When you enter the Grants.gov site, • Your electronic application must c. Submission of Paper Applications you will find information about comply with any page limit by Hand Delivery. submitting an application electronically requirements described in this notice. If you submit your application in through the site, as well as the hours of • After you electronically submit paper format by hand delivery, you (or operation. your application, you will receive an a courier service) must deliver the • Applications received by Grants.gov automatic acknowledgment from original and two copies of your are time and date stamped. Your Grants.gov that contains a Grants.gov application by hand, on or before the application must be fully uploaded and tracking number. The Department will application deadline date, to the submitted with a date/time received by retrieve your application from Department at the following address: the Grants.gov system no later than 4:30 Grants.gov and send you a second U.S. Department of Education, p.m., Washington, DC time, on the confirmation by e-mail that will include Application Control Center, application deadline date. We will not a PR/Award number (an ED-specified Attention: (CFDA Number 84.184N), consider your application if it was identifying number unique to your 550 12th Street, SW., Room 7041, received by the Grants.gov system later application). Potomac Center Plaza, Washington, than 4:30 p.m. on the application • We may request that you provide us DC 20202–4260. deadline date. When we retrieve your original signatures on forms at a later The Application Control Center application from Grants.gov, we will date. accepts hand deliveries daily between 8 notify you if we are rejecting your b. Submission of Paper Applications a.m. and 4:30 p.m., Washington, DC application because it was submitted by Mail. time, except Saturdays, Sundays and after 4:30 p.m. on the application If you submit your application in Federal holidays. deadline date. paper format by mail (through the U.S. Note for Mail or Hand Delivery of • If you experience technical Postal Service or a commercial carrier), Paper Applications: If you mail or hand difficulties on the application deadline you must mail the original and two deliver your application to the date and are unable to meet the 4:30 copies of your application, on or before Department: p.m., Washington, DC time, deadline, the application deadline date, to the (1) You must indicate on the envelope print out your application and follow Department at the applicable following and—if not provided by the the instructions in this notice for the address: Department—in Item 4 of the submission of paper applications by By mail through the U.S. Postal Application for Federal Education mail or hand delivery. Service: Assistance (ED 424) the CFDA

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number—and suffix letter, if any ‘‘of VII. Agency Contacts Models on College Campuses grant the competition under which you are For Further Information Contact: Vera competition. We may use the priority submitting your application. Messina, U.S. Department of Education, and eligibility requirements for (2) The Application Control Center 400 Maryland Avenue, SW., room competitions in FY 2005 and later years. will mail a grant application receipt 3E258, Washington, DC 20202–6450. We take this action to focus Federal acknowledgment to you. If you do not Telephone: (202) 260–8273 or by e-mail: financial assistance on an identified receive the grant application receipt [email protected] or Ruth Tringo, national need. We intend the priority acknowledgment within 15 business U.S. Department of Education, 400 and eligibility requirements to support days from the application deadline date, Maryland Avenue, SW., room 3E338, the identification and dissemination of you should call the U.S. Department of Washington, DC 20202–6450. models of effective alcohol and other Education Application Control Center at Telephone: (202) 260–2838 or by e-mail: drug prevention at institutions of higher (202) 245–6288. [email protected]. education (IHEs). DATES: V. Application Review Information If you use a telecommunications The priority and eligibility device for the deaf (TDD), you may call requirements are effective July 25, 2005. Selection Criteria: The selection the Federal Relay Service (FRS) at 1– FOR FURTHER INFORMATION CONTACT: Vera criteria for this program are in 34 CFR 888–877–8339. Messina, U.S. Department of Education, 75.210 and in the application package Individuals with disabilities may 400 Maryland Avenue, SW., room for this competition. obtain this document in an alternative 3E258, Washington, DC 20202–6450. VI. Award Administration Information format (e.g., Braille, large print, Telephone: (202) 260–8273 or via audiotape, or computer diskette) on Internet: [email protected]; or Ruth 1. Award Notices: If your application request to the program contact persons Tringo, U.S. Department of Education, is successful, we notify your U.S. listed in this section. 400 Maryland Avenue, SW., room Representative and U.S. Senators and VIII. Other Information 3E338, Washington, DC 20202–6450. send you a Grant Award Notification Telephone: (202) 260–2838 or via (GAN). We may also notify you Electronic Access to This Document: Internet: [email protected]. informally. You may view this document, as well as If you use a telecommunications If your application is not evaluated or all other documents of this Department device for the deaf (TDD), you may call not selected for funding, we notify you. published in the Federal Register, in the Federal Relay Service (FRS) at 1– 2. Administrative and National Policy text or Adobe Portable Document 800–877–8339. Requirements: We identify Format (PDF) on the Internet at the Individuals with disabilities may administrative and national policy following site: http://www.ed.gov/news/ obtain this document in an alternative requirements in the application package fedregister. format (e.g., Braille, large print, and reference these and other To use PDF you must have Adobe audiotape, or computer diskette) on requirements in the Applicable Acrobat Reader, which is available free request to the contact persons listed Regulations section of this notice. at this site. If you have questions about under FOR FURTHER INFORMATION We reference the regulations outlining using PDF, call the U.S. Government CONTACT. Printing Office (GPO), toll free, at 1– the terms and conditions of an award in SUPPLEMENTARY INFORMATION: The 888–293–6498; or in the Washington, the Applicable Regulations section of Department of Education seeks to DC, area at (202) 512–1530. this notice. support projects that address high-risk We reference the regulations outlining Note: The official version of this document drinking and drug use and that can the terms and conditions of an award in is the document published in the Federal become practical models for replication Register. Free Internet access to the official the Applicable Regulations section of and adaptation in other college this notice and include these and other edition of the Federal Register and the Code of Federal Regulations is available on GPO communities. The goals of this program specific conditions in the GAN. The Access at: http://www.gpoaccess.gov/nara/ are to identify models of effective GAN also incorporates your approved index.html. campus-based alcohol and other drug application as part of your binding prevention programs and disseminate commitments under the grants. Dated: June 21, 2005. information about these programs to 3. Reporting: At the end of your Deborah A. Price, other colleges and universities where project period, you must submit a final Assistant Deputy Secretary for Safe and Drug- similar efforts may be adopted. performance report, including financial Free Schools. We published a notice of proposed information, as directed by the [FR Doc. 05–12588 Filed 6–23–05; 8:45 am] priority and eligibility requirements for Secretary. If you receive a multi-year BILLING CODE 4000–01–P this program in the Federal Register on award, you must submit an annual April 8, 2005 (70 FR 17984). performance report that provides the Other than minor editorial changes, most current performance and financial DEPARTMENT OF EDUCATION there are no differences between the expenditure information as specified by notice of proposed priority and the Secretary in 34 CFR 75.118. Alcohol and Other Drug Prevention eligibility requirements and this notice 4. Performance Measures: The Models on College Campuses of final priority and eligibility Secretary may choose to develop AGENCY: Office of Safe and Drug-Free requirements. performance measures for the Alcohol Schools, Department of Education. Public Comment and Other Drug Prevention Models on ACTION: Notice of final priority and In the notice of proposed priority and College Campuses Program in eligibility requirements. accordance with the Government eligibility requirements, we invited Performance and Results Act (GPRA). If SUMMARY: The Assistant Deputy comments on the proposed priority and indicators are developed, grantees will Secretary for Safe and Drug-Free eligibility requirements. We did not be asked to provide information that Schools announces a priority and receive any substantive comments. relates to participant outcomes and eligibility requirements under the Note: This notice does not solicit project management. Alcohol and Other Drug Prevention applications. In any year in which we choose

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to use the priority and eligibility five fiscal years (fiscal years 2000 (Catalog of Federal Domestic Assistance requirements, we invite applications through through 2004). Number 84.184N Office of Safe and Drug- a notice in the Federal Register. When Free Schools—Alcohol and Other Drug inviting applications we designate the Executive Order 12866 Prevention Models on College Campuses) priority as absolute, competitive preference, This notice of final priority and Dated: June 21, 2005. or invitational. The effect of each type of eligibility requirements has been Deborah A. Price, priority follows: reviewed in accordance with Executive Assistant Deputy Secretary for Safe and Drug- Absolute priority: Under an absolute Order 12866. Under the terms of the Free Schools. priority we consider only applications order, we have assessed the potential [FR Doc. 05–12589 Filed 6–23–05; 8:45 am] that meet the priority (34 CFR costs and benefits of this regulatory BILLING CODE 4000–01–P 75.105(c)(3)). action. Competitive preference priority: The potential costs associated with Under a competitive preference priority the notice of final priority and eligibility DEPARTMENT OF EDUCATION we give competitive preference to an requirements are those resulting from application by either (1) awarding statutory requirements and those we Office of Special Education and additional points, depending on how have determined as necessary for Rehabilitative Services; Overview well or the extent to which the administering this program effectively Information; Assistive Technology Act application meets the competitive and efficiently. of 1998, as Amended—National priority (34 CFR 75.105(c)(2)(i)); or (2) In assessing the potential costs and Activities—National Assistive selecting an application that meets the benefits—both quantitative and Technology Public Internet Site; Notice competitive priority over an application qualitative—of this notice of final Inviting Applications for New Awards of comparable merit that does not meet priority and eligibility requirements, we for Fiscal Year (FY) 2005. the priority (34 CFR 75.105(c)(2)(ii)). have determined that the benefits of the Invitational priority: Under an final priority and eligibility Catalog of Federal Domestic Assistance invitational priority we are particularly requirements justify the costs. (CFDA) Number: 84.224B–2. interested in applications that meet the We have also determined that this Dates: Applications Available: June invitational priority. However, we do regulatory action does not unduly 24, 2005. not give an application that meets the interfere with State, local, and tribal Deadline for Transmittal of invitational priority a competitive or governments in the exercise of their Applications: July 25, 2005. absolute preference over other governmental functions. Deadline for Intergovernmental applications (34 CFR 75.105(c)(1)). Review: September 22, 2005. Intergovernmental Review Eligible Applicants: Public or private Priority This program is subject to Executive nonprofit or for-profit organizations, Under this priority the Department Order 12372 and the regulations in 34 including institutions of higher provides funding to institutions of CFR part 79. One of the objectives of the education, that— higher education (IHEs) that have been Executive order is to foster an (1) Emphasize research and implementing effective alcohol and intergovernmental partnership and a engineering; other drug prevention programs on their strengthened federalism. The Executive (2) Have a multidisciplinary research campuses. An IHE that receives funding order relies on processes developed by center; and under this priority must identify, State and local governments for (3) Have demonstrated expertise in— enhance, further evaluate, and coordination and review of proposed (a) Working with assistive technology disseminate information about an Federal financial assistance. and intelligent agent interactive effective alcohol or other drug This document provides early information dissemination systems; prevention program being implemented notification of our specific plans and (b) Managing libraries of assistive on its campus. To meet the priority, actions for this program. technology and disability-related resources; applicants must provide in their Electronic Access to This Document application— (c) Delivering to individuals with (1) A description of an alcohol or You may view this document, as well disabilities education, information, and other drug prevention program that has as all other Department of Education referral services, including technology- been implemented for at least two full documents published in the Federal based curriculum-development services academic years on the applicant’s Register, in text or Adobe Portable for adults with low-level reading skills; campus; Document Format (PDF) on the Internet (d) Developing cooperative (2) Evidence of the effectiveness of the at the following site: http://www.ed.gov/ partnerships with the private sector, program on the applicant’s campus; news/fedregister. particularly with private-sector (3) A plan to enhance and further To use PDF you must have Adobe computer software, hardware, and evaluate the program during the project Acrobat Reader, which is available free Internet services entities; and period; and at this site. If you have questions about (e) Developing and designing (4) A plan to disseminate information using PDF, call the U.S. Government advanced Internet sites. to assist other IHEs in implementing a Printing Office (GPO), toll free, at 1– Estimated Available Funds: $100,000. similar program. 888–293–6498; or in the Washington, Estimated Number of Awards: 1. DC, area at (202) 512–1530. Eligibility Requirements Note: The Department is not bound by any Note: The official version of this document estimates in this notice. Only institutions of higher education is the document published in the Federal (IHEs) that offer an associate or Register. Free Internet access to the official Project Period: Up to 60 months. edition of the Federal Register and the Code baccalaureate degree will be eligible Full Text of Announcement under this program. Additionally, to be of Federal Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/ I. Funding Opportunity Description eligible, an IHE must not have received index.html. an award under this grant competition Purpose of Program: The Assistive (CFDA 84.184N) during the previous Program Authority: 20 U.S.C. 7131. Technology Act of 1998, as amended

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(AT Act), authorizes support for (4) Links to private-sector resources (7) Stakeholder input. The project activities that increase the availability and information. To the extent feasible, must include a plan for designing and of, funding for, access to, provision of, the site must be linked to relevant implementing the National AT Internet and training about assistive technology private-sector resources and Site with the input of— (AT) devices and AT services. Section 6 information, under agreements (a) Directors of statewide AT of the AT Act provides for national developed between the recipient of the programs; activities to improve the administration grant, contract, or cooperative (b) Directors of alternative financing of the AT Act. One national activity that agreement and cooperating private- programs; is authorized by the AT Act is the sector entities. (c) Directors of PAAT programs; renovation, updating, and maintenance (5) Links to public-sector resources of a National Assistive Technology and information. To the extent feasible, (d) Individuals with disabilities who Public Internet Site (National AT the site must be linked to relevant use AT and understand the barriers to Internet Site). The National AT Internet public-sector resources and information, the acquisition of that technology and Site will provide to the public such as the Internet sites of the Office AT services; comprehensive, up-to-date information of Special Education and Rehabilitative (e) Family members, guardians, on resources related to AT and programs Services of the Department of advocates, and authorized supported under the AT Act. Education, the Office of Disability representatives of those individuals; Priority: We are establishing this Employment Policy of the Department (f) Relevant employees from Federal priority for the FY 2005 grant of Labor, the Small Business departments and agencies, other than competition only, in accordance with Administration, the Architectural and the Department of Education; section 437(d)(1) of the General Transportation Barriers Compliance (g) Representatives of businesses; and Education Provisions Act (GEPA). Board, the Technology Administration (h) Venders and public and private Absolute Priority: For FY 2005, this of the Department of Commerce, the researchers and developers. priority is an absolute priority. Under 34 Jobs Accommodation Network funded Waiver of Proposed Rulemaking: CFR 75.105(c)(3) we consider only by the Office of Disability Employment Under the Administrative Procedure Act applications that meet this priority. Policy of the Department of Labor, and (5 U.S.C. 553) the Department generally This priority is: National Assistive other relevant sites. offers interested parties the opportunity Technology Public Internet Site. (6) Minimum library components. At Under this priority, a project must to comment on proposed priorities. a minimum, the site must maintain Ordinarily, this practice would have renovate, update, and maintain an updated information on and provide Internet site that contains the following applied to the absolute priority for the links, if available, to— National AT Public Internet Site. features: (a) Device demonstration programs Section 437(d)(1) of GEPA (20 U.S.C. (1) Availability of information at any funded under the AT Act and, to the 1232(d)(1)), however, allows the time. The site must be designed so that extent practicable, not funded under the Secretary to exempt from rulemaking any member of the public may obtain AT Act, where individuals may try out requirements regulations governing the information posted on the site at any AT devices; first grant competition under a new or time. (b) Device loan programs funded substantially revised program authority. (2) Innovative automated intelligent under the AT Act and, to the extent This is the first grant competition for agent. The site must be constructed with practicable, not funded under the AT this program under section 6 of the AT an innovative automated intelligent Act, where individuals may borrow AT Act and therefore qualifies for this agent that is a diagnostic tool for devices; assisting users in problem definition (c) Device reutilization programs exemption. In order to ensure timely and the selection of appropriate AT funded under the AT Act and, to the grant awards, the Secretary has decided devices and AT services resources. extent practicable, not funded under the to forego public comment on the (3) Resources. (a) Library on assistive AT Act, that provide for the exchange, proposed absolute priority under technology. The site must include repair, recycling, or other reutilization section 437(d)(1). This absolute priority access, either directly or through links, of AT devices; will apply to the FY 2005 grant to a comprehensive working library on (d) Alternative financing programs or competition only. AT for all environments, including State financing systems operated Program Authority: 29 U.S.C. 3001 et home, workplace, transportation, and through, or independently of, State AT seq. other environments. programs, and other sources of funding Applicable Regulations: The (b) Information on accommodating for AT devices; Education Department General individuals with disabilities. The site (e) Protection and advocacy for Administrative Regulations (EDGAR) in must include access, either directly or assistive technology (PAAT) programs; 34 CFR parts 74, 75, 77, 79, 80, 81, 82, through links, to evidence-based (f) Cooperative volume-purchasing 84, 85, 86, 97, 98, and 99. research and best practices concerning programs funded under the AT Act or, Note: The regulations in 34 CFR part 86 how AT can be used to accommodate to the extent practicable, not funded apply to institutions of higher education individuals with disabilities in the areas under the AT Act; only. of education, employment, health care, (g) Other projects funded under community living, and section 6 of the AT Act; II. Award Information telecommunications and information (h) Relevant State and Federal technology. programs, and other resources, that Type of Award: Cooperative (c) Resources for a number of provide or increase access to AT devices agreement. disabilities. The site must include, and services; and Estimated Available Funds: $100,000. either directly or through links, (i) Various programs, including Estimated Number of Awards: 1. resources relating to the largest possible programs with tax credits, available to Note: The Department is not bound by any number of disabilities, including employers for hiring or accommodating estimates in this notice. resources relating to low-level reading employees who are individuals with skills. disabilities. Project Period: Up to 60 months.

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III. Eligibility Information the application package for this restrictions in the Applicable 1. Eligible Applicants: Public or competition. Regulations section of this notice. Page Limit: The application narrative 6. Other Submission Requirements: private nonprofit or for-profit (Part III of the application) is where you, Applications for grants under this organizations, including institutions of the applicant, address the selection competition may be submitted higher education, that— electronically or in paper format by mail (1) Emphasize research and criteria that reviewers use to evaluate or hand delivery. engineering; your application. You must limit Part III a. Electronic Submission of (2) Have a multidisciplinary research to the equivalent of no more than 60 Applications. If you choose to submit center; and pages, using the following standards: • A ‘‘page’’ is 8.5″ × 11″, on one side your application to us electronically, (3) Have demonstrated expertise in— only, with 1″ margins at the top, bottom, you must use e-Application available (a) Working with assistive technology and both sides. through the Department’s e-Grants and intelligent agent interactive • Double space (no more than three system, accessible through the e-Grants information dissemination systems; lines per vertical inch) all text in the portal page at: http://e-grants.ed.gov. (b) Managing libraries of assistive application narrative, including titles, While completing your electronic technology and disability-related headings, footnotes, quotations, application, you will be entering data resources; references, and captions, as well as all online that will be saved into a (c) Delivering to individuals with text in charts, tables, figures, and database. You may not e-mail an disabilities education, information, and graphs. electronic copy of a grant application to referral services, including technology- • Use a font that is either 12 point or us. based curriculum-development services larger or no smaller than 10 pitch Please note the following: for adults with low-level reading skills; (characters per inch). • Your participation in e-Application (d) Developing cooperative The page limit does not apply to Part is voluntary. partnerships with the private sector, I, the cover sheet; Part II, the budget • You must complete the electronic particularly with private-sector section, including the narrative budget submission of your grant application by computer software, hardware, and justification; Part IV, the assurances and 4:30 p.m., Washington, DC time, on the Internet services entities; and certifications; or the one-page abstract, application deadline date. The e- (e) Developing and designing the resumes, the bibliography, or the Application system will not accept an advanced Internet sites. letters of support. However, you must application for this competition after 2. Cost Sharing or Matching: This include all of the application narrative 4:30 p.m., Washington, DC time, on the program does not involve cost sharing in Part III. application deadline date. Therefore, we or matching. Our reviewers will not read any pages strongly recommend that you do not IV. Application and Submission of your application that— wait until the application deadline date Information • Exceed the page limit if you apply to begin the application process. these standards; or • The regular hours of operation of 1. Address to Request Application • Exceed the equivalent of the page the e-Grants Web site are 6 a.m. Monday Package: Education Publications Center limit if you apply other standards. until 7 p.m. Wednesday; and 6 a.m. (ED Pubs), P.O. Box 1398, Jessup, MD 3. Submission Dates and Times: Thursday until midnight Saturday, 20794–1398. Telephone (toll free): 1– Applications Available: June 24, 2005. Washington, DC time. Please note that 877–433–7827. FAX: (301) 470–1244. If Deadline for Transmittal of the system is unavailable on Sundays, you use a telecommunications device Applications: July 25, 2005. and between 7 p.m. on Wednesdays and for the deaf (TDD), you may call (toll Applications for grants under this 6 a.m. on Thursdays, Washington, DC free): 1–877–576–7734. competition may be submitted time, for maintenance. Any You may also contact ED Pubs at its electronically using the Electronic Grant modifications to these hours are posted Web site: http://www.ed.gov/pubs/ Application System (e-Application) on the e-Grants Web site. edpubs.html or you may contact ED accessible through the Department’s e- • You will not receive additional Pubs at its e-mail address: Grants system, or in paper format by point value because you submit your [email protected]. mail or hand delivery. For information application in electronic format, nor If you request an application from ED (including dates and times) about how will we penalize you if you submit your Pubs, be sure to identify this to submit your application application in paper format. competition as follows: CFDA number electronically, or by mail or hand • You must submit all documents 84.224B–2. delivery, please refer to section IV. 6. electronically, including the Individuals with disabilities may Other Submission Requirements in this Application for Federal Education obtain a copy of the application package notice. Assistance (ED 424), Budget in an alternative format (e.g., Braille, We do not consider an application Information—Non-Construction large print, audiotape, or computer that does not comply with the deadline Programs (ED 524), and all necessary diskette) by contacting the Grants and requirements. assurances and certifications. Contracts Services Team, U.S. Deadline for Intergovernmental • Any narrative sections of your Department of Education, 400 Maryland Review: September 22, 2005. application must be attached as files in Avenue, SW., room 5075, Potomac 4. Intergovernmental Review: This a .DOC (document), .RTF (rich text), or Center Plaza, Washington, DC 20202– competition is subject to Executive .PDF (Portable Document) format. 2550. Telephone: (202) 245–7363. If you Order 12372 and the regulations in 34 • Your electronic application must use a telecommunications device for the CFR part 79. Information about comply with any page limit deaf (TDD), you may call the Federal Intergovernmental Review of Federal requirements described in this notice. Relay Service (FRS) at 1–800–877–8339. Programs under Executive Order 12372 • Prior to submitting your electronic 2. Content and Form of Application is in the application package for this application, you may wish to print a Submission: Requirements concerning competition. copy of it for your records. the content of an application, together 5. Funding Restrictions: We reference • After you electronically submit with the forms you must submit, are in regulations outlining funding your application, you will receive an

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automatic acknowledgment that will you may submit your application in a.m. and 4:30 p.m., Washington, DC include a PR/Award number (an paper format by mail or hand delivery time, except Saturdays, Sundays, and identifying number unique to your in accordance with the instructions in Federal holidays. application). this notice. Note for Mail or Hand Delivery of • Within three working days after b. Submission of Paper Applications Paper Applications: If you mail or hand submitting your electronic application, by Mail. If you submit your application deliver your application to the fax a signed copy of the ED 424 to the in paper format by mail (through the Department: Application Control Center after U.S. Postal Service or a commercial (1) You must indicate on the envelope following these steps: carrier), you must mail the original and and—if not provided by the (1) Print ED 424 from e-Application. two copies of your application, on or Department—in Item 4 of the ED 424 the (2) The applicant’s Authorizing before the application deadline date, to CFDA number—and suffix letter, if Representative must sign this form. the Department at the applicable any—of the competition under which (3) Place the PR/Award number in the following address: you are submitting your application. upper right hand corner of the hard- By mail through the U.S. Postal (2) The Application Control Center copy signature page of the ED 424. Service: U.S. Department of Education, will mail a grant application receipt (4) Fax the signed ED 424 to the Application Control Center, Attention: acknowledgment to you. If you do not Application Control Center at (202) (CFDA Number 84.224B–2), 400 receive the grant application receipt 245–6272. Maryland Avenue, SW., Washington, acknowledgment within 15 business • We may request that you provide us DC 20202–4260; days from the application deadline date, original signatures on other forms at a or you should call the U.S. Department of later date. By mail through a commercial carrier: Education Application Control Center at Application Deadline Date Extension U.S. Department of Education, (202) 245–6288. in Case of System Unavailability: If you Application Control Center—Stop 4260, are prevented from electronically Attention: (CFDA Number 84.224B–2), V. Application Review Information submitting your application on the 7100 Old Landover Road, Landover, MD Selection Criteria: The selection application deadline date because the e- 20785–1506. criteria for this competition are from 34 Application system is unavailable, we Regardless of which address you use, CFR 75.210 and are in the application will grant you an extension of one you must show proof of mailing package. business day in order to transmit your consisting of one of the following: VI. Award Administration Information application electronically, by mail, or by (1) A legibly dated U.S. Postal Service hand delivery. We will grant this postmark, 1. Award Notices: If your application extension if— (2) A legible mail receipt with the is successful, we notify your U.S. (1) You are a registered user of e- date of mailing stamped by the U.S. Representative and U.S. Senators and Application and you have initiated an Postal Service, send you a Grant Award Notification electronic application for this (3) A dated shipping label, invoice, or (GAN). We may also notify you competition; and receipt from a commercial carrier, or informally. (2)(a) The e-Application system is (4) Any other proof of mailing If your application is not evaluated or unavailable for 60 minutes or more acceptable to the Secretary of the U.S. not selected for funding, we notify you. between the hours of 8:30 a.m. and 3:30 Department of Education. 2. Administrative and National Policy p.m., Washington, DC time, on the If you mail your application through Requirements: We identify application deadline date; or the U.S. Postal Service, we do not administrative and national policy (b) The e-Application system is accept either of the following as proof requirements in the application package unavailable for any period of time of mailing: and reference these and other between 3:30 p.m. and 4:30 p.m., (1) A private metered postmark, or requirements in the Applicable Washington, DC time, on the (2) A mail receipt that is not dated by Regulations section of this notice. application deadline date. the U.S. Postal Service. We reference the regulations outlining We must acknowledge and confirm If your application is postmarked after the terms and conditions of an award in these periods of unavailability before the application deadline date, we will the Applicable Regulations section of granting you an extension. To request not consider your application. this notice and include these and other this extension or to confirm our specific conditions in the GAN. The acknowledgment of any system Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before GAN also incorporates your approved unavailability, you may contact either relying on this method, you should check application as part of your binding (1) the person listed elsewhere in this with your local post office. commitments under the grant. notice under FOR FURTHER INFORMATION 3. Reporting: At the end of your CONTACT (see VII. Agency Contact) or (2) c. Submission of Paper Applications project period, you must submit a final the e-Grants help desk at 1–888–336– by Hand Delivery. If you submit your performance report, including financial 8930. If the system is down and application in paper format by hand information, as directed by the therefore the application deadline is delivery, you (or a courier service) must Secretary. If you receive a multi-year extended, an e-mail will be sent to all deliver the original and two copies of award, you must submit an annual registered users who have initiated an e- your application by hand, on or before performance report that provides the Application. the application deadline date, to the most current performance and financial Extensions referred to in this section Department at the following address: expenditure information as specified by apply only to the unavailability of the U.S. Department of Education, the Secretary in 34 CFR 75.118. Department’s e-Application system. If Application Control Center, Attention: 4. Performance Measures: The the e-Application system is available, (CFDA Number 84.224B–2), 550 12th Government Performance and Results and, for any reason, you are unable to Street, SW., Room 7041, Potomac Center Act (GPRA) of 1993 directs Federal submit your application electronically Plaza, Washington, DC 20202–4260. departments and agencies to improve or you do not receive an automatic The Application Control Center the effectiveness of their programs by acknowledgment of your submission, accepts hand deliveries daily between 8 engaging in strategic planning, setting

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outcome-related goals for programs, and Note: The official version of this document yet to be determined. Half of these measuring program results against those is the document published in the Federal students will be participants in a goals. The goal of the National AT Register. Free Internet access to the official supplemental literacy program, and half Internet Site is to provide the public edition of the Federal Register and the Code will be in a control group. The system of Federal Regulations is available on GPO with comprehensive, up-to-date Access at: http://www.gpoaccess.gov/nara/ will include these students’ names, information on resources related to AT index.html. addresses, demographic information and programs supported under the AT such as race/ethnicity, age, gender, and Act. In order to assess the success of the Dated: June 16, 2005. educational background, their results on grantee in meeting this goal, in addition John H. Hager, literacy assessments, some of their to the annual performance report Assistant Secretary for Special Education and school records data such as attendance, provided by the grantee, a biannual Rehabilitative Services. state test results, course performance, review of the site will be conducted by [FR Doc. 05–12592 Filed 6–23–05; 8:45 am] and classes taken, and their responses to a panel of individuals with relevant BILLING CODE 4000–01–P a survey about their attitude toward expertise. This panel will report to the reading and their reading and writing Rehabilitation Services Administration activities during the school year. The and the grantee on the—(1) DEPARTMENT OF EDUCATION system will also include responses to Effectiveness of the site at linking survey and interview questions from visitors to appropriate resources related Privacy Act of 1974; System of teachers of these students, and possibly to AT; (2) comprehensiveness and Records—Evaluation of the Impact of other school staff working with the relevance of resources and information Supplemental Literacy Interventions in literacy classes, about their backgrounds available on the site; (3) availability of Freshman Academies and the supplemental literacy content or features unique to the site; (4) interventions. AGENCY: Institute of Education Sciences, effectiveness at supporting and Department of Education. DATES: The Department seeks comment promoting programs supported under on the new system of records described sections 4, 5, and 6 of the AT Act and ACTION: Notice of a new system of records. in this notice, in accordance with the other AT resources not funded under requirements of the Privacy Act. We the AT Act; (5) responsiveness to the SUMMARY: In accordance with the must receive your comments on the input of stakeholders; (6) Privacy Act of 1974, as amended, the proposed routine uses for the system of responsiveness to the recommendations Department of Education (Department) records referenced in this notice on or of previous biannual reviews; and (7) publishes this notice of a new system of before July 25, 2005. other factors relevant to determining the records entitled ‘‘Evaluation of the The Department filed a report performance of the grantee. Impact of Supplemental Literacy describing the new system of records VII. Agency Contact Interventions in Freshman Academies’’ covered by this notice with the Chair of (18–13–12). This evaluation, which is the Senate Committee on Homeland For Further Information Contact: also called the Adolescent Literacy Security and Governmental Affairs, the Jeremy Buzzell, U.S. Department of Project, has been commissioned by the Chair of the House Committee on Education, 400 Maryland Avenue, SW., National Center for Education Government Reform, and the room 5025, Potomac Center Plaza, Evaluation and Regional Assistance at Administrator of the Office of Washington, DC 20202–2800. the Department’s Institute of Education Information and Regulatory Affairs, Telephone: (202) 245–7319 or by e-mail: Sciences (IES). It is being conducted by Office of Management and Budget [email protected]. MDRC in collaboration with the (OMB) on June 21, 2005. This system of If you use a telecommunications American Institutes for Research (AIR). records will become effective at the later device for the deaf (TDD), you may call IES has been collaborating with the date of—(1) the expiration of the 40 day the Federal Relay Service (FRS) at 1– Department’s Office of Vocational and period for OMB review on August 1, 800–877–8339. Adult Education (OVAE) to coordinate 2005 or (2) July 25, 2005, unless the Individuals with disabilities may the study of supplemental literacy system of records needs to be changed obtain this document in an alternative interventions within OVAE’s Smaller as a result of public comment or OMB format (e.g., Braille, large print, Learning Communities (SLC) program. review. audiotape, or computer diskette) on The study will address the following ADDRESSES: Address all comments about request to the program contact person questions: the proposed routine uses to Dr. Ricky listed in this section. (1) Do specific supplemental reading Takai, Associate Commissioner, VIII. Other Information programs that support personalized and Evaluation Division, National Center for intensive instruction for striving ninth- Education Evaluation and Regional Electronic Access to This Document: grade readers significantly improve Assistance, Institute of Education You may view this document, as well as reading proficiency? Sciences, U.S. Department of Education, all other documents of this Department (2) What are the effects of 555 New Jersey Avenue, NW., room published in the Federal Register, in supplemental reading programs on in- 502D, Washington, DC 20208. text or Adobe Portable Document school outcomes such as attendance and Telephone: (202) 208–7083. If you Format (PDF) on the Internet at the course-taking behavior, and on longer- prefer to send comments through the following site: http://www.ed.gov/news/ term outcomes such as student Internet, use the following address: fedregister. performance on State assessments in the [email protected]. To use PDF you must have Adobe tenth or eleventh grade? You must include the term Acrobat Reader, which is available free (3) Which students benefit most from ‘‘Supplemental Literacy Interventions’’ at this site. If you have questions about participation in the programs? in the subject line of the electronic using PDF, call the U.S. Government The system will contain information message. Printing Office (GPO), toll free, at 1– about two cohorts of approximately During and after the comment period, 888–293–6498; or in the Washington, 3,200 high school freshmen each in you may inspect all comments about DC, area at (202) 512–1530. SLCs in eight to twelve school districts this notice in room 502D, 555 New

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Jersey Avenue, NW., Washington, DC, at this site. If you have questions about CATEGORIES OF RECORDS IN THE SYSTEM: between the hours of 8 a.m. and 4:30 using PDF, call the U.S. Government This system consists of information p.m., eastern time, Monday through Printing Office (GPO), toll free, at 1– about two cohorts of approximately Friday of each week except Federal 888–293–6498; or in the Washington, 3,200 high school freshmen each, one in holidays. DC, area at (202) 512–1530. the 2005–2006 school year and the other Assistance to Individuals With Note: The official version of this document in the 2006–2007 school year, in SLC in Disabilities in Reviewing the is the document published in the Federal eight to twelve school districts yet to be Rulemaking Record Register. Free Internet access to the official determined. Half of these students will edition of the Federal Register and the Code be participants in supplemental literacy On request, we supply an appropriate of Federal Regulations is available on GPO program, and half will be in a control aid, such as a reader or print magnifier, Access at: http://www.gpoaccess.gov/nara/ group. The system will include these index.html. to an individual with a disability who students’ names, addresses, needs assistance to review the Dated: June 21, 2005. demographic information such as race/ comments or other documents in the Grover Whitehurst, ethnicity, age, gender, and educational public rulemaking record for this notice. background, their results on literacy If you want to schedule an appointment Director, Institute of Education Sciences. For the reasons discussed in the assessments, some of their school for this type of aid, please contact the records data such as attendance, state FOR FURTHER preamble, the Director of the Institute of person listed under test results, course performance, and INFORMATION CONTACT. Education Sciences, U.S. Department of Education, publishes a notice of a new classes taken, and their attitude toward FOR FURTHER INFORMATION CONTACT: Dr. system of records to read as follows: reading and their reading and writing Ricky Takai. Telephone: (202) 208– activities during the school year. The 7083. If you use a telecommunications 18–13–12 system will also include responses to device for the deaf (TDD), you may call SYSTEM NAME: survey and interview questions from the Federal Relay Service (FRS) at 1– teachers of these students, and possibly Evaluation of the Impact of 800–877–8339. other school staff working with the Supplemental Literacy Interventions in Individuals with disabilities may literacy classes. These surveys and Freshman Academies (The Adolescent obtain this document in an alternative interviews will request information format (e.g., Braille, large print, Literacy Project). about the teachers’ backgrounds, audiotape, or computer diskette) on SECURITY CLASSIFICATION: professional experience, and training, as request to the contact person listed in well as their observations and this section. None. impressions of the supplemental SUPPLEMENTARY INFORMATION: SYSTEM LOCATION: literacy interventions. Introduction (1) Evaluation Division, National Center for Education Evaluation and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The Privacy Act (5 U.S.C. 552a) Regional Assistance, Institute of The evaluation being conducted is (Privacy Act) requires the Department to Education Sciences, U.S. Department of authorized under sections 171(b) and publish in the Federal Register this Education, 555 New Jersey Avenue, 173 of the Education Sciences Reform notice of a new system of records NW., room 502D, Washington, DC Act of 2002 (ESRA) (20 U.S.C. 9561(b) maintained by the Department. The 20208. and 9563). The SLC program is Department’s regulations implementing (2) MDRC, 16 East 34th Street, New authorized under Title V, Part D, the Act are contained in the Code of York, NY 10016. Subpart 4 of the Elementary and Federal Regulations (CFR) in 34 CFR (3) American Institutes for Research, Secondary Education Act of 1965 part 5b. 1000 Thomas Jefferson Street, NW., (ESEA) (20 U.S.C. 7249), as amended by The Privacy Act applies to Washington, DC 20007. the No Child Left Behind Act of 2001 information about individuals that (Pub. L. 107–110). contain individually identifiable CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: information and that is retrieved by a PURPOSE(S): unique identifier associated with each This system contains records on The information in this system is used individual, such as a name or social adolescents, teachers, and project staff for the following purpose: To study security number. The information about participating in the literacy promising organizational and each individual is called a ‘‘record,’’ interventions in the Adolescent Literacy instructional strategies that will be used and the system, whether manual or Project. The goal of this study is to in the SLC program, as authorized by computer-based, is called a ‘‘system of establish and evaluate the effects of two the ESEA, as amended. In particular, records.’’ The Privacy Act requires each supplemental literacy programs for this system is necessary to provide agency to publish notices of systems of students who enter ninth grade with information for analyses of the records in the Federal Register and to reading skills well below grade level. A effectiveness of specific literacy prepare reports to the OMB and distinctive aspect of this project is that interventions for ninth graders that will Congress whenever the agency the schools mounting the literacy be used in SLCs. publishes a new system of records. programs will be ones that already Electronic Access to This Document: operate Smaller Learning Communities ROUTINE USES OF RECORDS MAINTAINED IN THE You may view this document, as well as (SLCs) that address the transition SYSTEM, INCLUDING CATEGORIES OF USERS AND all other documents of this Department freshman students are making into high THE PURPOSES OF SUCH USES: published in the Federal Register, in school, sometimes referred to as The Department may disclose text or Adobe Portable Document ‘‘Freshman Academies.’’ Freshman information contained in a record in Format (PDF) on the Internet at the Academies should provide a more this system of records under the routine following site: http://www.ed.gov/news/ supportive environment within which uses listed in this system of records fedregister. the supplemental literacy interventions without the consent of the individual if To use PDF you must have Adobe can be implemented and sustained for the disclosure is compatible with the Acrobat Reader, which is available free this study. purposes for which the record was

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collected. These disclosures may be SAFEGUARDS: NOTIFICATION PROCEDURE: made on a case-by-case basis or, if the All physical access to the If you wish to determine whether a Department has complied with the Department’s site and to the sites of the record exists regarding you in the computer matching requirements of the Department’s contractor and system of records, contact the systems Act, under a computer matching subcontractor, where this system of manager. Your request must meet the agreement. Any disclosure of records is maintained, is controlled and requirements of regulations at 34 CFR individually identifiable information monitored by security personnel. The 5b.5, including proof of identity. from a record in this system must also computer system employed by the comply with the requirements of section RECORD ACCESS PROCEDURES: Department offers a high degree of 183 of the ESRA (20 U.S.C. 9573) If you wish to gain access to your resistance to tampering and providing for confidentiality standards record in the system of records, contact circumvention. This security system that apply to all collections, reporting the system manager. Your request must limits data access to Department and and publication of data by IES. meet the requirements of regulations at contract staff on a ‘‘need to know’’ basis, (1) Freedom of Information Act 34 CFR 5b.5, including proof of identity. (FOIA) Advice Disclosure. The and controls individual users’’ ability to Department may disclose records to the access and alter records within the CONTESTING RECORD PROCEDURES: U.S. Department of Justice and the system. The contractor, MDRC, and its If you wish to contest the content of Office of Management and Budget if the subcontractor, AIR, have established a record regarding you in the system of Department concludes that disclosure is similar sets of procedures at their sites records, contact the system manager. desirable or necessary in determining to ensure confidentiality of data. Their Your request must meet the whether particular records are required systems ensure that information requirements of the regulations at 34 to be disclosed under the FOIA. identifying individuals is in files CFR 5b.7, including proof of identity. (2) Contract Disclosure. If the physically separated from other research Department contracts with an entity for data. They will maintain security of the RECORD SOURCE CATEGORIES: the purposes of performing any function complete set of all master data files and This system consists of information that requires disclosure of records in documentation. Access to individually about two cohorts of approximately this system to employees of the identifiable data will be strictly 3,200 high school freshmen each in contractor, the Department may disclose controlled. At each site all data will be SLCs in eight to twelve school districts the records to those employees. Before kept in locked file cabinets during yet to be determined. The system will entering into such a contract, the nonworking hours, and work on include information taken directly from Department shall require the contractor hardcopy data will take place in a single the students. It will also include to maintain Privacy Act safeguards as room, except for data entry. Physical information from the students’ required under 5 U.S.C. 552a(m) with security of electronic data will also be education records, such as attendance, respect to the records in the system. maintained. Security features that State test results, course performance, (3) Research Disclosure. The protect project data include password- and classes taken. The system will also Department may disclose records to a protected accounts that authorize users include responses to survey and researcher if an appropriate official of to use the MDRC or AIR system but to interview questions from teachers of the Department determines that the access only specific network directories these students, and possibly other individual or organization to which the and network software; user rights and school staff working with the literacy disclosure would be made is qualified to directory and file attributes that limit classes. carry out specific research related to those who can use particular directories functions or purposes of this system of and files and determine how they can EXEMPTIONS CLAIMED FOR THE SYSTEM: records. The official may disclose use them; e-mail passwords that None. records from this system of records to authorize the user to access mail [FR Doc. 05–12590 Filed 6–23–05; 8:45 am] that researcher solely for the purpose of services and additional security features BILLING CODE 4000–01–P carrying out that research related to the that the network administrators functions or purposes of this system of establish for projects as needed. The records. The researcher shall be contractor and subcontractor employees DEPARTMENT OF ENERGY required to maintain Privacy Act who ‘‘maintain’’ (collect, maintain, use, safeguards with respect to the disclosed or disseminate) data in this system shall Agency Information Collection records. comply with the requirements of the Extension confidentiality standards in section 183 DISCLOSURE TO CONSUMER REPORTING AGENCY: Department of Energy. AGENCIES: of the ESRA (20 U.S.C. 9573). Not applicable to this system notice. ACTION: Submission for Office of RETENTION AND DISPOSAL: Management and Budget (OMB) review; POLICIES AND PRACTICES FOR STORING, Records are maintained and disposed comment request. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: of in accordance with the Department’s SUMMARY: The Department of Energy Records Disposition Schedules, Part 3, (DOE) has submitted an information STORAGE: Items 2b and 5a. The Department maintains records on collection package to the OMB for extension under the provisions of the CD-ROM, and the contractor and SYSTEM MANAGER AND ADDRESS: subcontractor maintain data for this Paperwork Reduction Act of 1995. The system on computers and in hard copy. Associate Commissioner, Evaluation package requests a three-year extension Division, National Center for Education of OMB Control Number 1910–0100, RETRIEVABILITY: Evaluation and Regional Assistance, entitled, Printing and Publishing Records in this system are indexed by Institute of Education Sciences, U.S. Activities. The Department of Energy is a number assigned to each individual Department of Education, 555 New required to submit an annual report to that is cross referenced by the Jersey Avenue, NW., room 502D, the Joint Committee on Printing (JCP) individual’s name on a separate list. Washington, DC 20208. regarding its printing activities. The

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Department reports on information DEPARTMENT OF ENERGY (Point Comfort), Three Riverway, Suite gathered and compiled from its facilities 525, Houston, Texas 77056 filed an nationwide on the usage of in-house Federal Energy Regulatory application, pursuant to section 7(c) of printing and duplicating facilities as Commission the Natural Gas Act (NGA), for well as all printing procedures from [Project No. 10482–000] authorization to construct, own and external vendors. operate the Point Comfort Pipeline and DATES: Comments regarding this Mirant NY-Gen LLC; Notice Rejecting related facilities, and for approval of its collection must be received on or before Request for Rehearing Pro Forma Tariff and proposed initial July 25, 2005. If you anticipate that you rates for service. Point Comfort also will be submitting comments, but find June 17, 2005. requests blanket certificates authorizing it difficult to do so within the period of On April 18, 2005, the Commission it to engage in certain routine activities time allowed by this notice, please issued an order denying the licensee’s under part 157, subpart F and for advise the OMB Desk Officer of your application to amend the recreation authority to transport natural gas under intention to make a submission as soon plan for the Swinging Bridge Project No. part 284, subpart G of the Commission’s 1 as possible. The Desk Officer may be 10482. On May 16, 2005, the regulations. telephoned at 202–395–4650. Woodstone Lakes Development, LLC The Point Comfort Pipeline facilities (Woodstone Lakes) submitted a request ADDRESSES: Written comments should would consist of an approximately 27- for rehearing to the Director of the be sent to: DOE Desk Officer, Office of mile-long, 36-inch-diameter pipeline in Division of Hydropower Administration Information and Regulatory Affairs, Calhoun and Jackson Counties, Texas and Compliance. Office of Management and Budget, New connecting the proposed Calhoun LNG Pursuant to section 313(a) of the import terminal (filed on March 18, Executive Office Building, Room 10102, Federal Power Act, 16 U.S.C. 825l(a), a 735 17th Street, NW., Washington, DC 2005 in Docket No. CP05–91–000) to request for rehearing may be filed only interconnects with interstate and 20503. by a party to the proceeding. In order for Comments should also be addressed intrastate pipelines and two industrial Woodstone Lakes to be a party to the to: facilities located near the proposed proceeding, it must have timely filed a Sharon A. Evelin, U.S. Department of pipeline route. motion to intervene pursuant to Rule The Point Comfort Pipeline facilities Energy, M/S IM–11, 19901 214 of the Rules of Practice and would also include two approximately Germantown Road, Germantown, Procedure, 18 CFR 385.214.2 Since 0.25-mile-long lateral pipelines, above Maryland, 20874, or by fax at 301– Woodstone Lakes did not file a motion ground pig launcher and receiver 903–9061 or by e-mail at to intervene, its request for rehearing facilities, metering and regulation [email protected], and to must be rejected.3 facilities and a supervisory control and Dallas Woodruff, Team Leader This notice constitutes final agency data acquisition system. The Point Printing Specialist, US Department of action. Request for rehearing by the Comfort Pipeline facilities are designed Energy, 1000 Independence Ave., Commission of this rejection notice to transport a maximum average daily SW., M/S ME–421, Washington, DC must be filed within 30 days of the date throughput of 1.0 billion cubic feet per 20585, or by fax at 202–586–0753 or of issuance of this notice, pursuant to 18 day of natural gas. by e-mail at CFR 385.713. This application is on file with the [email protected]. Commission and open to public Magalie R. Salas, FOR FURTHER INFORMATION CONTACT: The inspection. This filing is available for individuals listed in the above Secretary. review at the Commission in the Public ADDRESSES. [FR Doc. E5–3292 Filed 6–23–05; 8:45 am] Reference Room or may be viewed on BILLING CODE 6717–01–P SUPPLEMENTARY INFORMATION: This the Commission’s Web site at http:// package contains: (1) OMB No.: 1910– www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the 0100; (2) Package Title: Printing and DEPARTMENT OF ENERGY Publishing Activities; (3) Purpose: The last three digits in the docket number Department of Energy collects data from Federal Energy Regulatory field to access the document. For its printing and duplicating facilities Commission assistance, please contact FERC Online nationwide regarding its inventory and Support at [Docket Nos. CP05–380–000, CP05–381– [email protected] or toll printing procurement activities. This 000, and CP05–382–000] information is reported to the Joint free at (866) 208–3676, or for TTY, Committee on Printing. See U.S. Code Point Comfort Pipeline Company, L.P.; contact (202) 502–8659. Any questions concerning this Title 44, sections 101–103. (4) Estimated Notice of Application application should be directed to Number of Respondents: 336; (5) Counsel for Point Comfort Pipeline, Estimated Total Burden Hours: 947 (6) June 17, 2005. L.P., Tania S. Perez, King & Spalding Number of Collections: The package Take notice that on June 10, 2005, LLP, 1185 Avenue of the Americas, New contains 4 information and/or Point Comfort Pipeline Company, L.P. York, NY 10036, at (212) 556–2161 or recordkeeping requirements. 1 Mirant NY-Gen LLC, 111 FERC ¶ 61,077. The fax (212) 556–2222 or Statutory Authority: Rules pursuant to proposed amendment would have closed a boat [email protected]. Title 44 U.S. Code sections 101–103. launch and expanded a recreation area. There are two ways to become Issued in Washington, DC on June 17, 2 See Pacific Gas and Electric Company, 40 FERC involved in the Commission’s review of 2005. ¶ 61,035 (1987). Notice of the application in this proceeding was issued on November 5, 2004, this project. First, any person wishing to Lorretta Bryant, setting December 6, 2004 as the deadline for filing obtain legal status by becoming a party Acting Director, Records Management interventions. to the proceedings for this project Division, Office of the Chief Information 3 In addition, Woodstone Lakes did not file its should file with the Federal Energy Officer. request for rehearing with the Commission Secretary as required by Rule 2001 of the Regulatory Commission, 888 First [FR Doc. 05–12520 Filed 6–23–05; 8:45 am] Commission’s Rules of Practice and Procedure. 18 Street, NE., Washington, DC 20426, a BILLING CODE 6450–01–P CFR 385.2001. motion to intervene in accordance with

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the requirements of the Commission’s Comment Date: July 8, 2005. Virginia Electric Power Company or Rules of Practice and Procedure (18 CFR their affiliates in the PJM West/South Magalie R. Salas, 385.214 or 385.211) and the Regulations Regulation Zone shall be cost-based and Secretary. under the NGA (18 CFR 157.10). A to enumerate the components of such person obtaining party status will be [FR Doc. E5–3293 Filed 6–23–05; 8:45 am] cost-based offers. placed on the service list maintained by BILLING CODE 6717–01–P Comment Date: 5 p.m. on June 27, the Secretary of the Commission and 2005. will receive copies of all documents DEPARTMENT OF ENERGY 4. Black Hills Colorado, LLC; Black filed by the applicant and by all other Hills Power, Inc.; Black Hills Wyoming, parties. Unless filing electronically, a Federal Energy Regulatory Inc.; Fountain Valley Power, LLC; party must submit 14 copies of filings Commission Harbor Cogeneration Company, LLC; Las Vegas Cogeneration II, LLC made with the Commission and must [Docket No. EG05–67–000, et al.] mail a copy to the applicant and to [Docket Nos. ER05–930–001, ER04–1208– every other party in the proceeding. Blue Breezes II LLC, et al.; Electric 001, ER03–802–003, ER01–1784–006, ER99– Only parties to the proceeding can ask Rate and Corporate Filings 1248–005, and ER03–222–005] for court review of Commission orders Take notice that on June 6, 2005, in the proceeding. June 15, 2005. Black Hills Corporation on behalf of The following filings have been made Black Hills Colorado, LLC; Black Hills However, a person does not have to with the Commission. The filings are intervene in order to have comments Pepperell Power Associates, Inc.; Black listed in ascending order within each Hills Power, Inc.; Black Hills Wyoming, considered. The second way to docket classification. Inc.; Fountain Valley Power, LLC; participate is by filing with the 1. Blue Breezes II LLC Harbor Cogeneration Company LLC; and Secretary of the Commission, as soon as Las Vegas Cogeneration II, LLC possible, an original and two copies of [Docket No. EG05–67–000] (collectively, the Black Hills Utilities), comments in support of or in opposition Take notice that on May 23, 2005, filed an amended and restated versions to this project. The Commission will Blue Breezes II LLC (Applicant) of the market-based rate wholesale consider these comments in submitted an application for Exempt power sales rates schedules of the Black determining the appropriate action to be Wholesale Generator status. Applicant Hills Utilities in compliance with the taken, but the filing of a comment alone states that it intends to construct a 1.25 Commission’s order in Black Hills will not serve to make the filer a party MW wind project in Faribault County, Colorado, LLC, et al., 111 FERC ¶ 61, to the proceeding. The Commission’s Minnesota. Applicant further states that 170 (2005). rules require that persons filing it will own and operate the project. Comment Date: 5 p.m. on June 27, comments in opposition to the project Applicant states that the filing has 2005. been served on the Securities Exchange provide copies of their protests only to Standard Paragraph the party or parties directly involved in Commission and Minnesota Public the protest. Utilities Commission. Any person desiring to intervene or to Comment date: 5 p.m. Eastern Time protest in any of the above proceedings Persons who wish to comment only on June 29, 2005. must file in accordance with Rules 211 on the environmental review of this and 214 of the Commission’s Rules of 2. Blue Breezes LLC project should submit an original and Practice and Procedure (19 CFR 385.211 two copies of their comments to the [Docket No. EG05–68–000] and § 385.214) on or before 5 p.m. Secretary of the Commission. Take notice that on May 23, 2005, Eastern Time on the specified comment Environmental commenters will be Blue Breezes, LLC (Applicant) date. It is not necessary to separately placed on the Commission’s submitted an application for Exempt intervene again in a subdocket related to environmental mailing list, will receive Wholesale Generator status. Applicant a compliance filing if you have copies of the environmental documents, states that it intends to construct a 1.25 previously intervened in the same and will be notified of meetings MW wind project in Faribault County, docket. Protests will be considered by associated with the Commission’s Minnesota. Applicant further states that the Commission in determining the environmental review process. it will own and operate the project. appropriate action to be taken, but will Environmental commenters will not be Applicant states that a copy of the not serve to make protestants parties to required to serve copies of filed filing has been served on the Securities the proceeding. Anyone filing a motion documents on all other parties. Exchange Commission and the to intervene or protest must serve a copy However, the non-party commenters Minnesota Public Utilities Commission. of that document on the Applicant. In Comment date: 5 p.m. Eastern Time will not receive copies of all documents reference to filings initiating a new on June 29, 2005. filed by other parties or issued by the proceeding, interventions or protests Commission (except for the mailing of 3. PJM Interconnection, L.L.C. submitted on or before the comment environmental documents issued by the deadline need not be served on persons [Docket No. ER05–10–003] other than the Applicant. Commission) and will not have the right Take notice that on June 1, 2005, PJM The Commission encourages to seek court review of the Interconnection, L.L.C. (PJM) submitted electronic submission of protests and Commission’s final order. an errata to its May 31, 2005 compliance interventions in lieu of paper, using the Comments, protests and interventions filing in the above-referenced docket FERC Online links at http:// may be filed electronically via the number consisting of amendments to www.ferc.gov. To facilitate electronic Internet in lieu of paper. See, 18 CFR the PJM Open Access Transmission service, persons with Internet access 385.2001(a)(1)(iii) and the instructions Tariff and the Amended and Restated who will eFile a document and/or be on the Commission’s Web site (http:// Operating Agreement of PJM to specify listed as a contact for an intervenor www.ferc.gov) under the ‘‘e-Filing’’ link. that offers for regulation service by must create and validate an American Electric Power Company and eRegistration account using the

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eRegistration link. Select the eFiling 2. West Texas Renewables Limited protest must serve a copy of that link to log on and submit the Partnership document on the Applicant. In reference intervention or protests. [Docket No. EG05– 72–000] to filings initiating a new proceeding, Persons unable to file electronically Take notice that on June 15, 2005, interventions or protests submitted on should submit an original and 14 copies West Texas Renewables (Westex), 3300 or before the comment deadline need of the intervention or protests to the South Moss Lake Road, Big Spring, not be served on persons other than the Federal Energy Regulatory Commission, Texas 79720, filed with the Federal Applicant. 888 First Street, NE., Washington, DC Energy Regulatory Commission an The Commission encourages 20426. application for determination of exempt electronic submission of protests and The filings in the above proceedings wholesale generator status pursuant to interventions in lieu of paper, using the are accessible in the Commission’s part 365 of the Commission’s FERC Online links at http:// eLibrary system by clicking on the regulations. www.ferc.gov. To facilitate electronic appropriate link in the above list. They Westex owns a wind generation service, persons with Internet access are also available to review in the facility with a maximum output of 6.6 who will eFile a document and/or be Commission’s Public Reference Room in MW located in Howard County, Texas. listed as a contact for an intervenor Washington, DC. There is an Comment Date: 5 p.m. Eastern Time must create and validate an eSubscription link on the Web site that on July 6, 2005. eRegistration account using the enables subscribers to receive e-mail notification when a document is added 3. Cook Inlet Power, L.P. and Cook eRegistration link. Select the eFiling to a subscribed docket(s). For assistance Inlet Energy Supply, L.L.C. link to long on and submit the with any FERC Online service, please e- [Docket Nos. ER05–997–001 and ER05–998– intervention or protests. mail [email protected] or 001] Persons unable to file electronically call (866) 208–3676 (toll free). For TYY, Take notice that on June 15, 2005, should submit an original and 14 copies call (202) 502–8659. Cook Inlet Power, L.P. (CIP) and Cook of the intervention or protests to the Inlet Energy Supply, L.L.C. (CIES) Linda Mitry, Federal Energy Regulatory Commission, submitted an amendment to its May 20, 888 First Street, NE., Washington, DC Deputy Secretary. 2005 filing Notice of Cancellation of 20426. [FR Doc. E5–3273 Filed 6–23–05; 8:45 am] their market-based rate tariffs to request The filings in the above proceedings BILLING CODE 6717–01–P an effective date of May 21, 2005. Comment Date: 5 p.m. on June 27, are accessible in the Commission’s 2005. eLibrary system by clicking on the DEPARTMENT OF ENERGY appropriate link in the above list. They 4. Celerity Energy of New Mexico, LLC are also available to review in the Federal Energy Regulatory [Docket No. ER05–1064–001] Commission’s Public Reference Room in Commission Take notice that on June 15, 2005, Washington, DC. There is an Celerity Energy of New Mexico, LLC eSubscription link on the Web site that [Docket No. EC05–95–000, et al.] (Celerity-New Mexico) submitted for enables subscribers to receive e-mail notification when a document is added Calpine Construction Finance filing in accordance with § 35.15 of the to a subscribed docket(s). For assistance Company, L.P., et al.; Electric Rate and rules of practice and procedure of the with any FERC Online service, please e- Corporate Filings Commission, 18 CFR 35.15, an amendment to a notice of cancellation mail [email protected] or June 17, 2005. of its FERC Electric Tariff, Original call (866) 208–3676 (toll free). For TYY, The following filings have been made Volume No. 1, which had been filed in call (202) 502–8659. Docket No. ER01–1183–002 on June 2, with the Commission. The filings are Linda Mitry, listed in ascending order within each 2005. The instant filing Celerity-New Deputy Secretary. docket classification. Mexico, seeks to amend the notice of cancellation to request a June 3, 2005 [FR Doc. E5–3288 Filed 6–23–05; 8:45 am] 1. Calpine Construction Finance effective date. BILLING CODE 6717–01–P Company, L.P. and Alabama Power Comment Date: 5 p.m. on June 22, Company 2005. [Docket No. EC05–95–000] Standard Paragraph Take notice that on June 14, 2005, Any person desiring to intervene or to Calpine Construction Finance Company, protest in any of the above proceedings L.P. (Calpine) and Alabama Power must file in accordance with Rules 211 Company (Alabama Power) jointly filed and 214 of the Commission’s Rules of with the Commission, an application for Practice and Procedure (19 CFR 385.211 authorization under section 203 of the and 385.214) on or before 5 p.m. Eastern Federal Power Act for a transfer from Time on the specified comment date. It Calpine to Alabama Power of limited is not necessary to separately intervene jurisdictional facilities, consisting of a again in a subdocket related to a 230 kV switching station, which compliance filing if you have previously interconnects a Calpine generating intervened in the same docket. Protests facility (the Hillabee Energy Center) to will be considered by the Commission the Alabama Power transmission in determining the appropriate action to system. be taken, but will not serve to make Comment Date: 5 p.m. Eastern Time protestants parties to the proceeding. on June 28, 2005. Anyone filing a motion to intervene or

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DEPARTMENT OF ENERGY For additional information regarding All persons with eRegistration the meeting, please contact Cynthia accounts should maintain those Federal Energy Regulatory Henry at [email protected] no accounts to reflect current address and Commission later than 5 p.m. (EDT) Thursday, June other information. If an account holder’s [Docket Nos. ER00–2268–003, ER00–2268– 23, 2005, for further information on e-mail address changes, and the account 005, ER00–2268–006, ER00–2268–007, participating in the meeting. holder wants to preserve links to ER00–2268–008, ER00–2268–010, ER00– existing service lists and eSubscriptions, Magalie R. Salas, 2268–012, ER00–2268–013, EL05–10–000, then that person should edit the e-mail EL05–10–002, EL05–10–004, ER99–4124– Secretary. address in the existing account instead 001, ER99–4124–003, ER99–4124–004, [FR Doc. E5–3290 Filed 6–23–05; 8:45 am] of creating a new account. Persons ER99–4124–005, ER99–4124–006, ER99– BILLING CODE 6717–01–P should create new accounts only when, 4124–008, ER99–4124–010, ER99–4124–011, EL05–11–000, EL05–11–002, EL05–10–004, as a result of a move to another company or firm, there is no need to ER00–3312–002, ER00–3312–004, ER00– DEPARTMENT OF ENERGY 3312–005, ER00–3312–006, ER00–3312–007, preserve links to service lists and ER00–3312–009, ER00–3312–011, ER00– Federal Energy Regulatory eSubscriptions linked to the previous 3312–012, EL05–12–000, EL05–12–002, Commission account. EL05–12–004, ER99–4122–004, ER99–4122– For additional guidance on using 006, ER99–4122–007, ER99–4122–008, [Docket No. RM04-9-000] FERC Online procedures for ER99–4122–009, ER99–4122–011, ER99– 4122–013, ER99–4122–014, EL05–13–000, eRegistration, eFiling, and eService, Electronic Notification of Commission refer to FERC Online Guidelines at EL0513–002, EL05–13–004, and ER03–352– Issuances; Notice That the 003] http://www.ferc.gov/docs-filing/fol- Commission Secretary Will End guidelines.pdf. Pinnacle West Capital Corporation, Duplicate Paper Service of Arizona Public Service Company, Commission Issuances Magalie R. Salas, Secretary. Pinnacle West Energy Corporation, June 17, 2005. APS Energy Services Company, Inc., [FR Doc. E5–3289 Filed 6–23–05; 8:45 am] Take notice that on June 21, 2005, the and GenWest LLC; Notice of Meeting BILLING CODE 6717–01–P Secretary of the Commission will no June 17, 2005. longer send paper copies of Commission Take notice that a meeting will be issuances to persons who receive ENVIRONMENTAL PROTECTION held on Monday, June 27, 2005, at 10 electronic service of those documents. AGENCY a.m. (EDT), in a room to be designated The Commission indicated in Order No. [ER–FRL–6664–6] at the Federal Energy Regulatory 653, issued February 10, 2005, that ‘‘in the early stages of the eService system, Commission, 888 First Street, NE., Environmental Impacts Statements; the Secretary will continue to send Washington, DC 20426. Notice of Availability The purpose of the meeting will be to copies of Commission issuances by discuss the revised compliance filings postal mail. This will continue for three Responsible Agency: Office of Federal made in the above referenced months from the time this Final Rule Activities, General Information (202) proceedings, as well as matters related becomes effective, after which 564–7167 or http://www.epa.gov/ to staff’s data request issued on June 8, notification will be solely by e-mail to compliance/nepa/. 2005, in these proceedings. contacts who are fully eRegistered, Weekly receipt of Environmental Impact Participation in this meeting will be unless a waiver or exemption applies.’’ Statements limited to interested parties who have Electronic Notification of Commission Filed 06/13/2005 Through 06/17/2005 requested and been granted access to Issuances, 110 FERC ¶ 61,110 (2005); Pursuant to 40 CFR 1506.9. critical energy infrastructure order on reh’g, 111 FERC ¶ 61,021 EIS No. 20050244, Final Supplement, information (CEII) in accordance with (2005). The three-month period ends NPS, CA, Merced Wild and Scenic 18 CFR 388.113(d). The CEII request June 21. River Revised Comprehensive form may be found at http:// The Commission encourages any Management Plan, Amend and www.ferc.gov/help/how-to/ceii-req- party intervening in Commission Supplement Information, Yosemite form.doc. All CEII requests must be proceedings to ensure that all contacts National Park, El Portal received no later than 5 p.m. (EDT) on for the party and for a law firm that may Administrative Site, Tuolume, June 22, 2005. Requesters will be represent the party have created and Merced, Mono, Mariposa and Madera required to sign a non-disclosure validated eRegistration accounts. The Counties, CA, Wait Period Ends: agreement prior to obtaining access to eFiling system allows persons filing a 07/25/2005, Contact: Mark Butler CEII. Representatives of the Pinnacle motion to intervene to specify all of the 209–379–1371. West Companies will be granted access parties to the motion and all EIS No. 20050245, Final EIS, COE, CA, in accordance with 18 CFR representatives and other contacts for Prado Basin Water Supply Feasibility 388.113(d)(1) without having to file a the parties. Study, To Increase Conservation of formal CEII request or non-disclosure Contacts for entities filing Surplus Water at Prado Dam and agreement. applications, petitions, or requests with Flood Control Basin, Orange County FERC conferences are accessible the Commission should also have Water District, Orange, Riverside and under section 508 of the Rehabilitation validated eRegistration accounts even if San Bernardio Counties, CA, Wait Act of 1973. For accessibility the application, petition, or request Period Ends: 07/25/2005, Contact: accommodations please send an e-mail itself cannot be submitted to the Alex Watt 213–452–3860. to [email protected] or call toll free Commission electronically. This will EIS No. 20050246, Final EIS, COE, NE, (866) 208–3372 (voice) or (202) 208– enable the Commission’s Registry staff Cornhusker Army Ammunition Plant 1659 (TTY), or send a fax to (202) 208– to select the eRegistration account for (CHAAP) Land Disposal Industrial 2106 with the required each contact so that the contact’s e-mail Tracts, Proposed Disposal and Reuse accommodations. address will appear on the service list. of Tracts 32, 33, 34, 35, 36, 47, 61, 62,

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Hall County, NE, Wait Period Ends: Corals and Reef Associated Proposes to Construct a Liquefied 07/25/2005, Contact: Randal P. Sellers Invertebrates, U. S. Carbbean to Natural Gas (LNG) Receiving, Storage, 402–221–3054. Address Required Provisions and Regasification Facility, Gulf of EIS No. 20050247, Draft EIS, SFW, AZ, MSFCMA, Puerto Rico and the U.S. Mexico, Cameron and Calcasieu Cabeza Prieta National Wildlife Virgin Island, Wait Period Ends: Parishes, LA and San Patricio County, Refuge, Comprehensive Conservation 07/25/2005, Contact: Dr. Roy Crabtree TX. Plan, Wilderness Stewardship Plan, 727–824–5301. Implementation, Ajo, AZ, Comment EIS No. 20050255, Final EIS, BLM, 00, Summary Period Ends: 08/15/2005, Contact: Programmatic—Wind Energy EPA expressed objections to the open John Slown 505–248–7458. Development Program, To Address rack re-gasification system due to EIS No. 20050248, Draft EIS, COE, TX, Stewardship, Conservation and adverse environmental impacts to Gulf Upper Trinity River Basin Project, To Resource Use on BLM-Administered waters and habitat. EPA believes that Provide Flood Damage Reduction, Lands, Right-of-Way Grants, Western these impacts can be corrected by the Ecosystem Improvement, Recreation United States, Wait Period Ends: project modifications or other feasible and Urban Revitalization, Trinity 07/25/2005, Contact: Ray Brady 202– technology, and requested additional River, Central City, Forth Worth, 452–7773. information to evaluate and resolve the Tarrant County, TX, Comment Period Dated: June 21, 2005. outstanding issues. Ends: 08/08/2005, Contact: Dr. Robert W. Hargrove, Rebecca Griffith 817–886–1820. Rating EO2 EIS No. 20050249, Draft EIS, BLM, ID, Director, NEPA Compliance Division, Office of Federal Activities. EIS No. 20050166, ERP No. D–AFS– Cotterel Wind Power Project and Draft K65281–CA, Brown Project, Proposal [FR Doc. 05–12529 Filed 6–23–05; 8:45 am] Resource Management Plan to Improve Forest Health by Reducing Amendment, To Build a 190–240 BILLING CODE 6560–50–P Overcrowded Forest Stand megawatt, Wind-Powered Electrical Conditions, Trinity River Generation Facility, Right-of-Way ENVIRONMENTAL PROTECTION Management Unit, Shasta-Trinity Application, City of Burley, Towns of AGENCY National Forest, Weaverville Ranger Albion and Malta, Cassia County, ID, District, Trinity County, CA. Comment Period Ends: 09/22/2005, [ER–FRL–6664–7] Contact: Scott Barker 208–677–6699. Summary EIS No. 20050250, Draft EIS, AFS, OR, Environmental Impact Statements and EPA expressed environmental Ashland Forest Resiliency Project, To Regulations; Availability of EPA concerns about the proposed alternative Recover from Large-Scale High- Comments and impacts to water quality, old- Severity Wild Land Fire, Upper Bear Availability of EPA comments growth and late-successional forest, and Analysis Area, Ashland Ranger prepared pursuant to the Environmental soil erosion, and requested additional District, Rogue River-Siskiyou Review Process (ERP), under section information on consultation for effects National Forest, Jackson County, OR, 309 of the Clean Air Act and Section to fisheries and impacts to air quality. Comment Period Ends: 08/08/2005, 102(2)(c) of the National Environmental Rating EC2 Contact: Linda Duffy 541–552–2900. Policy Act as amended. Requests for EIS No. 20050251, Draft EIS, AFS, CA, copies of EPA comments can be directed EIS No. 20050196, ERP No. D–NPS– Watdog Project, Proposes to Reduce to the Office of Federal Activities at J61106–UT, Burr Trail Modification Fire Hazards, Harvest Trees, Using 202–564–7167. An explanation of the Project, Proposed Road Modification Group Selection Methods, Feather ratings assigned to draft environmental within Capitol Reef National Park, River Ranger District, Plumas impact statements (EISs) was published Garfield County, UT. National Forest, Butte and Plumas in FR dated April 1, 2005 (70 FR 16815). Summary Counties, CA, Comment Period Ends: 08/08/2005, Contact: Katherine Worn Draft EISs EPA has no objections to the preferred 530–534–6500. EIS No. 20050157, ERP No. D–AFS– alternative. EIS No. 20050252, Final EIS, NPS, CO, J65441–MT, Middle East Fork Rating LO. Colorado National Monument General Hazardous Fuel Reduction Project, Management Plan, Implementation, Implementation of Three Alternatives, EIS No. 20050179, ERP No. DS–AFS– Mesa County, CO, Wait Period Ends: Bitterroot National Forest, Sula J65419–MT, Gallatin National Forest, 07/25/2005, Contact: Bruce Noble Ranger District, Ravalli County, MT. Updated Information, Main Boulder 970–858–3617, Ext. 300. Fuels Reduction Project, EIS No. 20050253, Draft Supplement, Summary Implementation, Gallatin National COE, MD, Poplar Island Restoration EPA supports the proposed action, Forest, Big Timber Ranger District, Big Project (PIERP) To Evaluate the but expressed environmental concerns Timber, Sweetgrass and Park Vertical and/or Lateral Expansion, about increased sediment loads and Counties, MT. Dredging Construction and Placement consistency with the restoration strategy Summary of Dredged Materials, Chesapeake in the draft Bitterroot Headwaters Bay, Talbot County, MD, Comment TMDL. EPA recommended additional The Supplemental DEIS has Period Ends: 08/08/2005, Contact: watershed restoration measures such as addressed impacts to the northern Mark Mendelsohn 410–962–9499. road decommissioning and other goshawk, the issue of fire risk, and EIS No. 20050254, Final Supplement, mitigation to reduce these impacts. increased public and firefighter safety. NOA, 00, Amendment to the Fishery EPA continues to have environmental Management Plans (FMPs), Rating EC2 concerns about potential effects on Amendment 2 for the Spiny Lobster EIS No. 20050162, ERP No. D–CGD– water quality, fisheries and riparian Fishery; Amendment 1 for the Queen G03027–00, Pearl Crossing Liquefied functions and habitats and recommends Conch Resources; Amendment 3 for Natural Gas (LNG) Deepwater Port the Final EIS include mitigation the Reef Fish Fishery; Amendment 2 Terminal and Pipeline Project, measures to address these impacts.

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Rating EC2. Dated: June 21, 2005. infrastructure that were under-reported Robert W. Hargrove, in the earlier surveys. Final EISs Director, NEPA Compliance Division, Office DATES: This notice is effective June 24, EIS No. 20050145, ERP No. F–FHW– of Federal Activities. 2005. H40178–MO, I–64/US 40 Corridor, [FR Doc. 05–12555 Filed 6–23–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: For Reconstruction of the Existing 1–64/ BILLING CODE 6560–50–P technical inquiries, contact Jeff US 40 Facility with New Interchange McPherson, Drinking Water Protection Configurations and Roadway, Division, Office of Ground Water and Funding, City of St. Louis, St. Louis ENVIRONMENTAL PROTECTION Drinking Water (4606M), Environmental County, MO. AGENCY Protection Agency, 1200 Pennsylvania Summary [FRL–7928–9] Ave., NW., Washington, DC 20460; telephone number: (202) 564–6878; fax EPA’s previous issues were resolved; State Allotment Percentages for the number: (202) 564–3757; e-mail address: therefore, EPA has no objection to the Drinking Water State Revolving Fund [email protected]. Copies of proposed action. Program this document and information on the Drinking Water Infrastructure Needs EIS No. 20050169, ERP No. F–BLM– AGENCY: Environmental Protection Survey and Assessment and the DWSRF J65413–MT, Dillon Resource Agency (EPA). program can be found on EPA’s Office Management Plan, Provide Direction ACTION: Notice. for Managing Public Lands within the of Ground Water and Drinking Water Dillion Field Office, Implementation, SUMMARY: The 1996 Safe Drinking Water Web site at http://www.epa.gov/ Beaverheard and Madison Counties, Act (SDWA) Amendments established a safewater/. MT. Drinking Water State Revolving Fund SUPPLEMENTARY INFORMATION: The 1996 (DWSRF) program and authorized $9.6 Safe Drinking Water Act (SDWA) Summary billion to be appropriated for the Amendments established a Drinking The Final EIS addressed most of program through fiscal year 2003. Water State Revolving Fund (DWSRF) EPA’s concerns while balancing Congress directed that allotments for program and authorized $9.6 billion to multiple use objectives with protection, fiscal year 1998 and subsequent years be appropriated for the program through restoration, and enhancement of would be distributed among States fiscal year 2003. Through federal fiscal resources. However, we continue to based on the results of the most recent year 2005, Congress has appropriated recommend additional management Drinking Water Infrastructure Needs $7.8 billion for the DWSRF program. direction to protect water quality, Survey and Assessment. In this notice, Congress directed that allotments for fisheries and riparian habitat and restore the Environmental Protection Agency fiscal year 1998 and subsequent years be watershed functions. (EPA) is announcing revised DWSRF distributed among States based on the results of the most recent Drinking EIS No. 20050170, ERP No. F–DOE– program State allotment percentages in accordance with the results from the Water Infrastructure Needs Survey and K06007–CA, Site-wide Continued most recent 2003 Drinking Water Assessment (SDWA section Operation of Lawrence Livermore Infrastructure Needs Survey and 1452(a)(1)(D)(ii)), which must be National Laboratory (LLNL) and Assessment (Needs Assessment), which conducted every four years. The first Stockpile Stewardship and was released on June 14, 2005. The survey, which reflected 1995 data, was Management, Implementation, revised State allotment percentages released in February 1997 and the Alameda and San Joaquin Counties, affect DWSRF program appropriations second survey, which reflected 1999 CA. for fiscal years 2006 through 2009. data, was released in February 2001. Summary Beginning in fiscal year 1998, EPA The 2003 Drinking Water Infrastructure established a formula that allocates Needs Survey and Assessment, which EPA previous issues have been funds to the States based directly on was conducted over the last two years, adequately addressed; therefore, EPA each State’s proportional share of the was released on June 14, 2005 (EPA has no objection to the action as total need for States, provided that each 816–R–05–001). The survey and proposed. State receives a minimum share of one assessment was completed in EIS No. 20050178, ERP No. F–FHW– percent of the funds available to the cooperation with the States. The States G40173–LA, I–49 South Lafayette States, as required by the SDWA. EPA participated in both the design and Regional Airport to LA–88 Route US– has made the determination that it will development of the survey. The survey 90 Project, Upgrading Existing US–90 continue to use this method for examined the needs of water systems from the Lafayette Regional Airport to allocating DWSRF program funds. The and used these data to extrapolate needs LA–88, Funding, Iberia, Lafayette and findings from the 2003 Needs to each State. The survey included all of St. Martin Parishes, LA. Assessment will change the percentage the nation’s 1,342 largest systems (those Summary of the DWSRF program funding received serving over 40,000 people) and a by some States in prior years. This statistical sample of 2,553 systems No formal comment letter was sent to change reflects an increase or decrease serving 3,301—40,000 people. For the the preparing agency. in these States’ share of the total needs 1999 Needs Assessment, EPA conducted EIS No. 20050218, ERP No. F–NPS– for States and will allow appropriations site visits to approximately 600 small L61227–OR, Crater Lake National Park disbursements to more accurately reflect community water systems and 100 not- General Management Plan, the needs of the States to reach the for-profit noncommunity water systems. Implementation, Klamath, Jackson public health objectives of the SDWA. The EPA believes that the needs and Douglas Counties, OR. The Agency believes that the 2003 captured from the site visits in 1999 Needs Survey and Assessment more represented a fair and complete Summary accurately captures needs for necessary assessment of these systems’ 20-year No formal letter was sent to the long-term rehabilitation and needs. Findings from 1999 were very preparing agency. replacement of deteriorating similar to the findings in 1995,

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indicating that the systems needs did allowed for inclusion in the Survey. The implementation cost to each State based not change significantly over a four-year Needs Assessment also presents capital on the occurrence data for the number period. Therefore, EPA decided it could needs for each State by system size, by of systems with arsenic over 10 ppb. estimate the 2003 needs for small category of need (i.e., treatment, The 2003 Needs Assessment found community water systems and not-for- distribution and transmission, storage, that the total national need is $276.8 profit noncommunity water systems by source, and ‘‘other’’), by existing SDWA billion (Table 1). This estimate adjusting the 1999 needs to 2003 regulation, and by current and future represents the needs of the dollars. need. Current needs are projects that a approximately 53,000 community water The sample design for the survey system considers a high priority for systems and 21,400 not-for-profit produces a statistically valid State-by- near-term implementation to enable a noncommunity water systems that are State estimate of need. The 2003 Needs water system to continue to deliver safe eligible to receive DWSRF program Assessment presents State-by-State drinking water. The Needs Assessment assistance. These systems are found in needs in several ways. For each State, also allocated the $0.9 billion need for all 50 States, the District of Columbia, the Needs Assessment provides a the recently promulgated Arsenic Rule. Puerto Rico, on American Indian lands bottom-line estimate of the total need, The EPA used the total national cost for and in Alaska Native Villages, and the which reflects the capital costs for all the Arsenic Rule from the Economic Virgin Island and Pacific Island drinking water infrastructure projects Analysis to allocate the Rule’s territories.

TABLE 1.—2003 DRINKING WATER INFRASTRUCTURE NEEDS SURVEY AND ASSESSMENT 20–YEAR NEEDS

Need Type of need (billions)

States ...... $263.8 Territories ...... 0.6 American Indian and Alaska Native Villages ...... 2.4 Costs for Proposed and Recent Regulations (does not include the recently promulgated Arsenic Rule) ...... 9.9

Total National Need ...... $276.8 Note: Numbers may not total due to rounding.

The total national need also includes needs for the States as derived from the DWSRF funds made available to states $9.9 billion in capital needs associated 1995 Needs Assessment (62 FR 12900). (or, in aggregate, 24 percent of the total with recently promulgated (excluding EPA used this same method when DWSRF funds made available to states). the Arsenic Rule) and future allocating DWSRF program funds for The discrepancy between these States’ regulations, as identified in EPA fiscal years 2002 through 2005, utilizing allocations percentages and their Economic Analyses accompanying the the results of the 1999 Needs proportional needs as identified in the rules. Although these needs are Assessment. EPA has made the 2003 Assessment may be due, in part, to included in the total national need, they determination that it will continue to a number of these States participating in were not apportioned to the States based use this method for allocating DWSRF the needs assessment effort to a lesser upon the unanimous recommendation program funds for fiscal years 2006 degree than the other States. of the State representatives who through 2009 appropriations, utilizing The total State need includes all participated in the survey design. The the results of the 2003 Needs documented projects collected by the States expressed concern that the Assessment. The funds available to the Needs Assessment. In general, a project methods available for allocating the States will be the level of funds was included in the Needs Assessment costs of these regulations would not appropriated by Congress, less the if project documentation demonstrated represent the true costs of compliance national set-asides, which includes an that meeting the need would address the on a State level. The total State need, allocation for American Indian and public health objectives of the SDWA. which is the figure that EPA will use to Alaska Native Village water systems. Of The total State need includes both calculate the State allotments, includes the funds available to States, the SDWA projects that are currently needed and only the needs of the 50 States, the includes specific allocations for the future projects that will be needed over District of Columbia, and Puerto Rico. Pacific Islands, the Virgin Islands, and the next 20 years in four general The 2003 Needs Assessment estimates the District of Columbia. Each State will categories: treatment, source, storage, that the total State need is $263.8 receive an allotment of DWSRF program and transmission and distribution. The billion. funds based on each State’s proportional formula based on the total need makes share of the total State need ($263.8 Allocation Method no distinction between the four billion), provided that each State categories—that is, it assigns an equal On October 31, 1996, EPA solicited receives a minimum allocation of one weight to all categories of need. Also, public comment on six options for using percent of the funds available to States, projects to correct immediate public the results of the first Drinking Water as required by the SDWA. health threats (e.g., replacing a Infrastructure Needs Survey and The 2003 Needs Assessment found deteriorated filter plant) are given the Assessment to allocate DWSRF program that 22 States, Puerto Rico, and the same weight as less critical needs (e.g., funds to the States (61 FR 56231). On District of Columbia each had less than replacing a storage tank that is expected March 18, 1997, EPA announced its one percent of the total national need to reach the end of its useful life in five decision to allocate DWSRF program (in aggregate, 8 percent of the total years). With the exception of the funds for fiscal years 1998 through 2001 national need); however, for 2006 to Arsenic Rule, capital costs associated appropriations based on each State’s 2009, each of these States will be with recently promulgated and future proportional share of the total eligible eligible for one percent of the annual regulations were included in the total

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national need but not distributed to The amount will be $12,750,000 for applying the appropriate percentage individual states. Costs associated with Indian Tribes and Alaska Native shown below. EPA will annually notify the Arsenic Rule were allocated to each Villages if funds are appropriated at the each State of their allotment from a State based on occurrence data. The level of the President’s 2006 budget specific fiscal year’s appropriation after Needs Assessment excluded capital request. Additional national set-asides the final budget has been passed. projects that are ineligible for DWSRF for fiscal year 2006 include $2,000,000 The findings from the 2003 Needs program assistance, such as dams, for monitoring for unregulated Assessment will change the individual reservoirs and projects needed solely for contaminants. If funds are appropriated allotment percentage of the DWSRF growth. for the DWSRF program at the level of program funds received by some States $850,000,000 and if the anticipated when compared to their current Allocation of Funds national set-asides do not change, the allotment percentage. This change Table 2 contains each State’s expected total funds available to the States, the reflects an increase or decrease in these DWSRF program allotment based on an District of Columbia, and Territories States’ proportion of the total State appropriation of $850,000,000 and would equal $835,250,000. Because the need. The variation in needs occurred national set-aside assumptions. The percentages are based on the total funds principally as a result of the data appropriation amount is based on the available for allotment to the States, submitted by individual water systems, President’s budget request of they can be used for general planning but also in part due to refinements in $850,000,000 for fiscal year 2006. The purposes for future years. Once the the survey methods. With the collection national set-asides for fiscal year 2006 appropriated amount and national set- of data from nearly 4,000 water systems include funds for American Indian and asides are known, a State’s allotment and over 128,600 projects submitted, a Alaska Native Village water systems at can be estimated by subtracting the change in some States’ allotments the level of 1.5 percent of the total national set-asides from the total funds represents an inevitable consequence of appropriation. (SDWA Section 1452(i)). available for allotment and then conducting a survey of this scale.

TABLE 2.—DISTRIBUTION OF DRINKING WATER STATE REVOLVING FUND ALLOTMENTS

Amount State Percent allotted

Alabama ...... 1.00 $8,352,500 Alaska ...... 1.00 8,352,500 Arizona ...... 2.84 23,704,100 Arkansas ...... 1.26 10,487,900 California ...... 8.15 68,108,400 Colorado ...... 1.76 14,714,300 Connecticut ...... 1.00 8,352,500 Delaware ...... 1.00 8,352,500 Florida ...... 4.52 37,724,800 Georgia ...... 2.81 23,461,900 Hawaii ...... 1.00 8,352,500 Idaho ...... 1.00 8,352,500 Illinois ...... 4.08 34,068,800 Indiana ...... 1.40 11,655,600 Iowa ...... 1.25 10,405,500 Kansas ...... 1.00 8,352,500 Kentucky ...... 1.05 8,759,400 Louisiana ...... 1.42 11,833,100 Maine ...... 1.00 8,352,500 Maryland ...... 1.38 11,493,200 Massachusetts ...... 2.68 22,365,800 Michigan ...... 3.46 28,893,000 Minnesota ...... 1.80 15,038,600 Mississippi ...... 1.00 8,352,500 Missouri ...... 1.94 16,217,400 Montana ...... 1.00 8,352,500 Nebraska ...... 1.00 8,352,500 Nevada ...... 1.00 8,352,500 New Hampshire ...... 1.00 8,352,500 New Jersey ...... 2.21 18,484,300 New Mexico ...... 1.00 8,352,500 New York ...... 4.45 37,184,400 North Carolina ...... 3.37 28,109,400 North Dakota ...... 1.00 8,352,500 Ohio ...... 3.00 25,040,200 Oklahoma ...... 1.61 13,484,400 Oregon ...... 1.46 12,213,900 Pennsylvania ...... 3.37 28,133,00 Puerto Rico ...... 1.00 8,352,500 Rhode Island ...... 1.00 8,352,500 South Carolina ...... 1.00 8,352,500 South Dakota ...... 1.00 8,352,500 Tennessee ...... 1.04 8,668,600 Texas ...... 8.24 68,814,200 Utah ...... 1.00 8,352,500

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TABLE 2.—DISTRIBUTION OF DRINKING WATER STATE REVOLVING FUND ALLOTMENTS—Continued

Amount State Percent allotted

Vermont ...... 1.00 8,352,500 Virginia ...... 1.06 8,892,600 Washington ...... 2.14 17,906,900 West Virginia ...... 1.00 8,352,500 Wisconsin ...... 1.94 16,169,700 Wyoming ...... 1.00 8,352,500 District of Columbia ...... 1.00 8,352,500 Other Areas * ...... 0.33 2,756,300

Total ...... 100.00 835,250,000

Dated: June 17, 2005. 8005; e-mail address: under the ‘‘Federal Register’’ listings at Benjamin H. Grumbles, [email protected]. http://www.epa.gov/fedrgstr/. Assistant Administrator, Office of Water. An electronic version of the public SUPPLEMENTARY INFORMATION: [FR Doc. 05–12660 Filed 6–23–05; 8:45 am] docket is available through EPA’s electronic public docket and comment BILLING CODE 6560–50–P I. General Information system, EPA Dockets. You may use EPA A. Does this Action Apply to Me? Dockets at http://www.epa.gov/edocket/ ENVIRONMENTAL PROTECTION This action is directed to the public to submit or view public comments, AGENCY in general, and may be of interest to a access the index listing of the contents wide range of stakeholders including of the official public docket, and to [OPP–2005–0162; FRL–7719–2] environmental, human health, and access those documents in the public agricultural advocates; the chemical docket that are available electronically. Carbofuran Risk Assessment; Notice industry; pesticide users; and members Once in the system, select ‘‘search,’’ of Availability of the public interested in the sale, then key in the appropriate docket ID distribution, or use of pesticides. Since number. AGENCY: Environmental Protection others also may be interested, the Certain types of information will not Agency (EPA). Agency has not attempted to describe all be placed in the EPA Dockets. ACTION: Notice. the specific entities that may be affected Information claimed as CBI and other by this action. If you have any questions information whose disclosure is SUMMARY: This notice announces the restricted by statute, which is not regarding the applicability of this action availability of EPA’s environmental fate included in the official public docket, to a particular entity, consult the person and effects risk assessment for the will not be available for public viewing listed under FOR FURTHER INFORMATION pesticide carbofuran, and opens a public in EPA’s electronic public docket. EPA’s CONTACT. comment period on this document. EPA policy is that copyrighted material will is developing an Interim Reregistration B. How Can I Get Copies of this not be placed in EPA’s electronic public Eligibility Decision (IRED), for Document and Other Related docket but will be available only in carbofuran through the full, 6-Phase Information? printed, paper form in the official public public participation process that the docket. To the extent feasible, publicly Agency uses to involve the public in 1. Docket. EPA has established an available docket materials will be made developing pesticide reregistration and official public docket for this action available in EPA’s electronic public tolerance reassessment decisions. under docket ID number OPP–2005– docket. When a document is selected Through these programs, EPA is 0162. The official public docket consists from the index list in EPA Dockets, the ensuring that all pesticides meet current of the documents specifically referenced system will identify whether the health and safety standards. in this action, any public comments document is available for viewing in received, and other information related DATES: EPA’s electronic public docket. Comments, identified by docket to this action. Although a part of the identification (ID) number OPP–2005– Although not all docket materials may official docket, the public docket does be available electronically, you may still 0162, must be received on or before not include Confidential Business August 23, 2005. access any of the publicly available Information (CBI) or other information docket materials through the docket ADDRESSES: Comments may be whose disclosure is restricted by statute. facility identified in Unit I.B.1. EPA submitted electronically, by mail, or The official public docket is the intends to work towards providing through hand delivery/courier. Follow collection of materials that is available electronic access to all of the publicly the detailed instructions as provided in for public viewing at the Public available docket materials through Unit I. of the SUPPLEMENTARY Information and Records Integrity EPA’s electronic public docket. INFORMATION. Branch (PIRIB), Rm. 119, Crystal Mall For public commenters, it is FOR FURTHER INFORMATION CONTACT: #2, 1801 S. Bell St., Arlington, VA. This important to note that EPA’s policy is Stephanie Plummer, Special Review docket facility is open from 8:30 a.m. to that public comments, whether and Reregistration Division (7508C), 4 p.m., Monday through Friday, submitted electronically or in paper, Office of Pesticide Programs, excluding legal holidays. The docket will be made available for public Environmental Protection Agency, 1200 telephone number is (703) 305–5805. viewing in EPA’s electronic public Pennsylvania Ave., NW., Washington, 2. Electronic access. You may access docket as EPA receives them and DC 20460–0001; telephone number: this Federal Register document without change, unless the comment (703) 305–0076; fax number: (703) 308– electronically through the EPA Internet contains copyrighted material, CBI, or

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other information whose disclosure is EPA may not be able to consider your CBI by marking any part or all of that restricted by statute. When EPA comment. information as CBI (if you submit CBI identifies a comment containing i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside copyrighted material, EPA will provide electronic public docket to submit of the disk or CD ROM as CBI and then a reference to that material in the comments to EPA electronically is identify electronically within the disk or version of the comment that is placed in EPA’s preferred method for receiving CD ROM the specific information that is EPA’s electronic public docket. The comments. Go directly to EPA Dockets CBI). 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Explain your views as clearly as period. Comments received after the iii. Disk or CD ROM. You may submit possible. close of the comment period will be comments on a disk or CD ROM that 2. Describe any assumptions that you marked ‘‘late.’’ EPA is not required to you mail to the mailing address used. consider these late comments. If you identified in Unit I.C.2. These electronic 3. Provide any technical information wish to submit CBI or information that submissions will be accepted in and/or data you used that support your is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid views. follow the instructions in Unit I.D. Do the use of special characters and any 4. If you estimate potential burden or not use EPA Dockets or e-mail to submit form of encryption. costs, explain how you arrived at your CBI or information protected by statute. 2. By mail. Send your comments to: 1. Electronically. If you submit an estimate. Public Information and Records 5. Provide specific examples to electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office unit, EPA recommends that you include illustrate your concerns. of Pesticide Programs (OPP), 6. Offer alternatives. your name, mailing address, and an e- Environmental Protection Agency, 1200 mail address or other contact 7. Make sure to submit your Pennsylvania Ave., NW., Washington, comments by the comment period information in the body of your DC 20460–0001, Attention: Docket ID comment. Also include this contact deadline identified. Number OPP–2005–0162. 8. To ensure proper receipt by EPA, information on the outside of any disk 3. By hand delivery or courier. Deliver or CD ROM you submit, and in any identify the appropriate docket ID your comments to: Public Information number in the subject line on the first cover letter accompanying the disk or and Records Integrity Branch (PIRIB), CD ROM. This ensures that you can be page of your response. It would also be Office of Pesticide Programs (OPP), helpful if you provided the name, date, identified as the submitter of the Environmental Protection Agency, Rm. comment and allows EPA to contact you and Federal Register citation related to 119, Crystal Mall #2, 1801 S. Bell St., your comments. in case EPA cannot read your comment Arlington, VA, Attention: Docket ID due to technical difficulties or needs Number OPP–2005–0162. Such II. Background further information on the substance of deliveries are only accepted during the A. What Action is the Agency Taking? your comment. EPA’s policy is that EPA docket’s normal hours of operation as will not edit your comment, and any identified in Unit I.B.1. EPA is making available the identifying or contact information environmental fate and effects risk provided in the body of a comment will D. How Should I Submit CBI to the assessment for carbofuran. A human be included as part of the comment that Agency? health risk assessment is expected to be is placed in the official public docket, Do not submit information that you issued for public comment later in the and made available in EPA’s electronic consider to be CBI electronically summer 2005. Carbofuran is an N- public docket. If EPA cannot read your through EPA’s electronic public docket methyl carbamate insecticide and comment due to technical difficulties or by e-mail. You may claim nematicide used to control foliar and and cannot contact you for clarification, information that you submit to EPA as soil pests on food and non-food crops.

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The Agency developed this ecological Tolerance Reassessment and ENVIRONMENTAL PROTECTION risk assessment as part of its public Reregistration; Public Participation AGENCY process for making pesticide Process, published in the Federal [OPPT–2005–0035; FRL–7722–4 reregistration eligibility and tolerance Register of May 14, 2004 (69 FR 26819) reassessment decisions. Through these (FRL–7357–9), explains that in Certain New Chemicals; Receipt and programs, EPA is ensuring that conducting these programs, EPA is Status Information pesticides meet current standards under tailoring its public participation process the Federal Insecticide, Fungicide, and to be commensurate with the level of AGENCY: Environmental Protection Rodenticide Act (FIFRA) and the risk, extent of use, complexity of issues, Agency (EPA). Federal Food, Drug, and Cosmetic Act and degree of public concern associated ACTION: Notice. (FFDCA), as amended by the Food with each pesticide. EPA plans to Quality Protection Act of 1996 (FQPA). SUMMARY: Section 5 of the Toxic Carbofuran works as a cholinesterase review carbofuran through the full, 6- Substances Control Act (TSCA) requires inhibitor and is used to treat pests of Phase public participation process. any person who intends to manufacture food and non-food crops as either a Comments should be limited to issues (defined by statute to include import) a flowable or granular formulation. It is raised within the risk assessment and new chemical (i.e., a chemical not on registered for food uses which include associated documents. Failure to the TSCA Inventory) to notify EPA and alfalfa, artichoke, banana, barley, coffee, comment during Phase 3 will not limit comply with the statutory provisions corn (field, pop, and sweet); cotton seed, a commenter’s opportunity to pertaining to the manufacture of new curcubits (cucumber, melons, and participate in any later notice. All chemicals. Under sections 5(d)(2) and squash); grapes, oats, pepper, plantain, comments should be submitted using 5(d)(3) of TSC, EPA is required to potato, sorghum, soybean, spinach, the methods in Unit I. of the publish a notice of receipt of a sugar beet, sugarcane, sunflower, and SUPPLEMENTARY INFORMATION, and must premanufacture notice (PMN) or an wheat. Carbofuran is registered for non- be received by EPA on or before the application for a test marketing food uses which include agricultural exemption (TME), and to publish closing date. Comments will become fallow land, cotton, ornamental and/or periodic status reports on the chemicals part of the Agency Docket for shade trees, ornamental herbaceous under review and the receipt of notices carbofuran. Comments received after the plants, ornamental non-flowering of commencement to manufacture those plants, ornamental woody shrubs and close of the comment period will be chemicals. This status report, which vines, pine, and tobacco. Carbofuran is marked ‘‘late.’’ EPA is not required to covers the period from May 11, 2005 to applied by aircraft or ground equipment consider these late comments. June 8, 2005, consists of the PMNs by methods that include broadcast, B. What is the Agency’s Authority for pending or expired, and the notices of banded, in furrow, and drip irrigation. Taking this Action? commencement to manufacture a new An estimated 1.5 million lbs. of chemical that the Agency has received carbofuran are used annually. Section 4(g)(2) of FIFRA as amended under TSCA section 5 during this time EPA is providing an opportunity, directs that, after submission of all data period. through this notice, for interested concerning a pesticide active ingredient, DATES: Comments identified by the parties to provide comments and input ‘‘the Administrator shall determine docket identification (ID) number on the Agency’s ecological risk whether pesticides containing such OPPT–2005–0035 and the specific PMN assessment for carbofuran. Such active ingredient are eligible for number or TME number, must be comments and input could address, for reregistration,’’ before calling in received on or before July 25, 2005. example, the availability of additional data to further refine the risk product-specific data on individual end- ADDRESSES: Comments may be assessment, such as data pertaining to use products and either reregistering submitted electronically, by mail, or use information and ecological risk, or products or taking other ‘‘appropriate through hand delivery/courier. Follow could address the Agency’s risk regulatory action.’’ the detailed instructions as provided in assessment methodologies and Section 408(q) of the FFDCA, 21 Unit I. of the SUPPLEMENTARY assumptions as applied to this specific U.S.C. 346a(q), requires EPA to review INFORMATION. pesticide. tolerances and exemptions for pesticide FOR FURTHER INFORMATION CONTACT: EPA seeks to achieve environmental residues in effect as of August 2, 1996, Colby Lintner, Regulatory Coordinator, justice, the fair treatment and to determine whether the tolerance or Environmental Assistance Division, meaningful involvement of all people, exemption meets the requirements of Office of Pollution Prevention and regardless of race, color, national origin, section 408(b)(2) or (c)(2) of FFDCA. Toxics (7408M), Environmental or income, in the development, This review is to be completed by Protection Agency, 1200 Pennsylvania implementation, and enforcement of August 3, 2006. Ave., NW., Washington, DC 20460– environmental laws, regulations, and 0001; telephone number: (202) 554– policies. To help address potential List of Subjects 1404; e-mail address: TSCA- environmental justice issues, the [email protected]. Agency seeks information on any groups Environmental protection, Pesticides SUPPLEMENTARY INFORMATION: or segments of the population who, as and pests. a result of their location, cultural Dated: June 15, 2005. I. General Information practices, or other factors, may have Debra Edwards, atypical, unusually high exposure to A. Does this Action Apply to Me? carbofuran, compared to the general Director, Special Review and Reregistration This action is directed to the public Division, Office of Pesticide Programs. population. in general. As such, the Agency has not EPA is applying the principles of [FR Doc. 05–12446 Filed 6–23–05; 8:45 am] attempted to describe the specific public participation to all pesticides BILLING CODE 6560–50–S entities that this action may apply to. undergoing reregistration and tolerance Although others may be affected, this reassessment. The Agency’s Pesticide action applies directly to the submitter

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of the premanufacture notices addressed printed, paper form in the official public not use EPA Dockets or e-mail to submit in the action. If you have any questions docket. To the extent feasible, publicly CBI or information protected by statute. regarding the applicability of this action available docket materials will be made 1. Electronically. If you submit an to a particular entity, consult the person available in EPA’s electronic public electronic comment as prescribed in this listed under FOR FURTHER INFORMATION docket. When a document is selected unit, EPA recommends that you include CONTACT. from the index list in EPA Dockets, the your name, mailing address, and an e- system will identify whether the B. How Can I Get Copies of this mail address or other contact document is available for viewing in Document and Other Related information in the body of your EPA’s electronic public docket. Information? comment. Also include this contact Although not all docket materials may information on the outside of any disk 1. Docket. EPA has established an be available electronically, you may still or CD ROM you submit, and in any official public docket for this action access any of the publicly available cover letter accompanying the disk or under docket ID number OPPT–2005– docket materials through the docket CD ROM. This ensures that you can be 0035. The official public docket consists facility identified in Unit I.B.1. EPA identified as the submitter of the of the documents specifically referenced intends to work towards providing comment and allows EPA to contact you in this action, any public comments electronic access to all of the publicly in case EPA cannot read your comment received, and other information related available docket materials through due to technical difficulties or needs to this action. Although a part of the EPA’s electronic public docket. further information on the substance of official docket, the public docket does For public commenters, it is your comment. EPA’s policy is that EPA not include Confidential Business important to note that EPA’s policy is will not edit your comment, and any Information (CBI) or other information that public comments, whether identifying or contact information whose disclosure is restricted by statute. submitted electronically or in paper, provided in the body of a comment will The official public docket is the will be made available for public be included as part of the comment that collection of materials that is available viewing in EPA’s electronic public is placed in the official public docket, for public viewing at the EPA Docket docket as EPA receives them and and made available in EPA’s electronic Center, Rm. B102-Reading Room, EPA without change, unless the comment public docket. If EPA cannot read your West, 1301 Constitution Ave., NW., contains copyrighted material, CBI, or comment due to technical difficulties Washington, DC. The EPA Docket other information whose disclosure is and cannot contact you for clarification, Center is open from 8:30 a.m. to 4:30 restricted by statute. When EPA EPA may not be able to consider your p.m., Monday through Friday, excluding identifies a comment containing comment. legal holidays. The EPA Docket Center copyrighted material, EPA will provide i. EPA Dockets. Your use of EPA’s Reading Room telephone number is a reference to that material in the electronic public docket to submit (202) 566–1744 and the telephone version of the comment that is placed in comments to EPA electronically is number for the OPPT Docket, which is EPA’s electronic public docket. The EPA’s preferred method for receiving located in EPA Docket Center, is (202) entire printed comment, including the comments. Go directly to EPA Dockets 566–0280. copyrighted material, will be available at http://www.epa.gov/edocket/, and 2. Electronic access. You may access in the public docket. this Federal Register document Public comments submitted on follow the online instructions for electronically through the EPA Internet computer disks that are mailed or submitting comments. Once in the under the ‘‘Federal Register’’ listings at delivered to the docket will be system, select ‘‘search,’’ and then key in http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public docket ID number OPPT–2005–0035. An electronic version of the public docket. Public comments that are The system is an ‘‘anonymous access’’ docket is available through EPA’s mailed or delivered to the docket will be system, which means EPA will not electronic public docket and comment scanned and placed in EPA’s electronic know your identity, e-mail address, or system, EPA Dockets. You may use EPA public docket. Where practical, physical other contact information unless you Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the provide it in the body of your comment. to submit or view public comments, photograph will be placed in EPA’s ii. E-mail. Comments may be sent by access the index listing of the contents electronic public docket along with a e-mail to [email protected], Attention: of the official public docket, and to brief description written by the docket Docket ID Number OPPT–2005–0035 access those documents in the public staff. and PMN Number or TME Number. In docket that are available electronically. contrast to EPA’s electronic public Although not all docket materials may C. How and To Whom Do I Submit docket, EPA’s e-mail system is not an be available electronically, you may still Comments? ‘‘anonymous access’’ system. If you access any of the publicly available You may submit comments send an e-mail comment directly to the docket materials through the docket electronically, by mail, or through hand docket without going through EPA’s facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper electronic public docket, EPA’s e-mail the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate system automatically captures your e- the appropriate docket ID number. docket ID number and specific PMN mail address. E-mail addresses that are Certain types of information will not number or TME number in the subject automatically captured by EPA’s e-mail be placed in the EPA Dockets. line on the first page of your comment. system are included as part of the Information claimed as CBI and other Please ensure that your comments are comment that is placed in the official information whose disclosure is submitted within the specified comment public docket, and made available in restricted by statute, which is not period. Comments received after the EPA’s electronic public docket. included in the official public docket, close of the comment period will be iii. Disk or CD ROM. You may submit will not be available for public viewing marked ‘‘late.’’ EPA is not required to comments on a disk or CD ROM that in EPA’s electronic public docket. EPA’s consider these late comments. If you you mail to the mailing address policy is that copyrighted material will wish to submit CBI or information that identified in Unit I.C.2. These electronic not be placed in EPA’s electronic public is otherwise protected by statute, please submissions will be accepted in docket but will be available only in follow the instructions in Unit I.D. Do WordPerfect or ASCII file format. Avoid

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the use of special characters and any not contain CBI on disk or CD ROM, (defined by statute to include import) a form of encryption. mark the outside of the disk or CD ROM new chemical (i.e., a chemical not on 2. By mail. Send your comments to: clearly that it does not contain CBI. the TSCA Inventory to notify EPA and Document Control Office (7407M), Information not marked as CBI will be comply with the statutory provisions Office of Pollution Prevention and included in the public docket and EPA’s pertaining to the manufacture of new Toxics (OPPT), Environmental electronic public docket without prior chemicals. Under sections 5(d)(2) and Protection Agency, 1200 Pennsylvania notice. If you have any questions about 5(d)(3) of TSCA, EPA is required to Ave., NW., Washington, DC 20460– CBI or the procedures for claiming CBI, publish a notice of receipt of a PMN or 0001. please consult the technical person an application for a TME and to publish 3. By hand delivery or courier. Deliver listed under FOR FURTHER INFORMATION periodic status reports on the chemicals your comments to: OPPT Document CONTACT. under review and the receipt of notices Control Office (DCO) in EPA East Bldg., E. What Should I Consider as I Prepare of commencement to manufacture those Rm. 6428, 1201 Constitution Ave., NW., My Comments for EPA? chemicals. This status report, which Washington, DC. Attention: Docket ID covers the period from May 11, 2005 to Number OPPT–2005–0035 and PMN You may find the following June 8, 2005, consists of the PMNs Number or TME Number. The DCO is suggestions helpful for preparing your pending or expired, and the notices of open from 8 a.m. to 4 p.m., Monday comments: commencement to manufacture a new 1. Explain your views as clearly as through Friday, excluding legal chemical that the Agency has received possible. holidays. The telephone number for the under TSCA section 5 during this time DCO is (202) 564–8930. 2. Describe any assumptions that you used. period. D. How Should I Submit CBI to the 3. Provide copies of any technical III. Receipt and Status Report for PMNs Agency? information and/or data you used that Do not submit information that you support your views. This status report identifies the PMNs 4. If you estimate potential burden or consider to be CBI electronically pending or expired, and the notices of costs, explain how you arrived at the through EPA’s electronic public docket commencement to manufacture a new estimate that you provide. or by e-mail. You may claim chemical that the Agency has received 5. Provide specific examples to under TSCA section 5 during this time information that you submit to EPA as illustrate your concerns. CBI by marking any part or all of that period. If you are interested in 6. Offer alternative ways to improve information that is not included in the information as CBI (if you submit CBI the notice or collection activity. on disk or CD ROM, mark the outside following tables, you may contact EPA 7. Make sure to submit your as described in Unit II. to access of the disk or CD ROM as CBI and then comments by the deadline in this identify electronically within the disk or additional non-CBI information that document. may be available. CD ROM the specific information that is 8. To ensure proper receipt by EPA, CBI). Information so marked will not be be sure to identify the docket ID number In Table I of this unit, EPA provides disclosed except in accordance with assigned to this action and the specific the following information (to the extent procedures set forth in 40 CFR part 2. PMN number you are commenting on in that such information is not claimed as In addition to one complete version of the subject line on the first page of your CBI) on the PMNs received by EPA the comment that includes any response. You may also provide the during this period: the EPA case number information claimed as CBI, a copy of name, date, and Federal Register assigned to the PMN; the date the PMN the comment that does not contain the citation. was received by EPA; the projected end information claimed as CBI must be date for EPA’s review of the PMN; the submitted for inclusion in the public II. Why is EPA Taking this Action? submitting manufacturer; the potential docket and EPA’s electronic public Section 5 of TSCA requires any uses identified by the manufacturer in docket. If you submit the copy that does person who intends to manufacture the PMN; and the chemical identity.

I. 47 PREMANUFACTURE NOTICES RECEIVED FROM: 05/11/05 TO 06/08/05

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–05–0545 05/12/05 08/09/05 CBI (G) Manufacture of protective devices (G) Urethane polymer P–05–0546 05/12/05 08/09/05 CBI (G) Open non-dispersive (coating) (G) Alkyl resin P–05–0547 05/13/05 08/10/05 Degussa Corporation (S) Polymer powder for shapes man- (G) Aromatic polyimide ufactured by compression molding P–05–0548 05/13/05 08/10/05 CBI (G) Plastics additive (G) Alkyl carboxylate salt P–05–0549 05/16/05 08/13/05 Forbo Adhesives, LLC (G) Hot melt polyurethane adhesive (G) Isocyanate functional polyester polyether urethane polymer P–05–0550 05/16/05 08/13/05 CBI (G) Additive of ink material (G) Acrylic ester copolymer P–05–0551 05/16/05 08/13/05 CBI (G) Polymerization emulsifier (G) Polyalkylene glycol alkyl ether, re- action products with allyl glycidyl ether P–05–0552 05/17/05 08/14/05 CBI (G) Machine seals, wheels and rollers (G) Aromatic polyurethane polymer P–05–0553 05/17/05 08/14/05 Ethox Chemicals, LLC (G) Surface coating (S) Oxirane, methyl-, polymer with oxirane, monoacetate, 2-hexyldecyl ether P–05–0554 05/18/05 08/15/05 CBI (G) Dispersants, curing synergysts, (G) Polybutadiene imide adhesives

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I. 47 PREMANUFACTURE NOTICES RECEIVED FROM: 05/11/05 TO 06/08/05—Continued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–05–0555 05/18/05 08/15/05 Mitsuya Boeki USA, (G) Curing agent (S) Dodecanedioic acid, dihydrazide Inc. P–05–0556 05/19/05 08/16/05 CBI (G) Pigment dispersant (G) Polyurethane derivative P–05–0557 05/20/05 08/17/05 Gharda Chemicals (S) Molding and extrusion; (G) Polyetherethersulfonesulfone LTD. compounding block copolymer P–05–0558 05/20/05 08/17/05 CBI (G) Component for the coloration of (G) Trisubstituted-phenylazo- polyester fiber propenylamino-methoxy-phenyl- acetamide P–05–0559 05/23/05 08/20/05 Ashland Inc., Environ- (G) Adhesive, coating, ink (G) .beta.-ketoester, polymer with mental Health and (chloromethyl)oxirane polymer with Safety 4,4′-(1-methylethylidene)bis[phenol] 2-propenoate, 1,6-hexanediyl di-2- propenoate, .alpha.-hydro-.omega.- [(1-oxo-2-propenyl)oxy]poly(oxy-1,2- ethanediyl) ether with 2-ethyl-2- (hydroxymethyl)-1,3-propanediol (3:1), oxybis(methyl-2,1-ethanediyl) di-2-propenoate and 2- phenoxyethyl 2-propenoate, reac- tion products with alkylamine P–05–0560 05/23/05 08/20/05 Ashland Inc., Environ- (G) Adhesive, coating, ink (G) .beta.-ketoester, polymer with mental Health and (chloromethyl)oxirane polymer with Safety 4,4′-(1-methylethylidene)bis[phenol] 2-propenoate, 1,6-hexanediyl di-2- propenoate, .alpha.-hydro-.omega.- [(1-oxo-2-propenyl)oxy]poly(oxy-1,2- ethanediyl) ether with 2-ethyl-2- (hydroxymethyl)-1,3-propanediol (3:1), oxybis(methyl-2,1-ethanediyl) di-2-propenoate and 2- phenoxyethyl 2-propenoate, reac- tion products with alkanolamine P–05–0561 05/23/05 08/20/05 Ashland Inc., Environ- (G) Adhesive, coating, ink (G) 2-propenoic acid, 1,6-hexanediyl mental Health and ester, polymer with Safety (chloromethyl)oxirane polymer with 4,4′-(1-methylethylidene)bis[phenol] 2-propenoate, .alpha.-hydro- .omega.-[(1-oxo-2-pro- penyl)oxy]poly(oxy-1,2-ethanediyl) ether with 2-ethyl-2- (hydroxymethyl)-1,3-propanediol (3:1), oxybis(methyl-2,1-ethanediyl) di-2-propenoate, .beta.-diketone and 2-phenoxyethyl 2-propenoate, reaction products with alkylamine P–05–0562 05/23/05 08/20/05 Ashland Inc., Environ- (G) Adhesive, coating, ink (G) 2-propenoic acid, 1,6-hexanediyl mental Health and ester, polymer with Safety (chloromethyl)oxirane polymer with 4,4′-(1-methylethylidene)bis[phenol] 2-propenoate, .alpha.-hydro- .omega.-[(1-oxo-2-pro- penyl)oxy]poly(oxy-1,2-ethanediyl) ether with 2-ethyl-2- (hydroxymethyl)-1,3-propanediol (3:1), oxybis(methyl-2,1-ethanediyl) di-2-propenoate, .beta.-diketone and 2-phenoxyethyl 2-propenoate, reaction products with alkanolamine

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I. 47 PREMANUFACTURE NOTICES RECEIVED FROM: 05/11/05 TO 06/08/05—Continued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–05–0563 05/23/05 08/20/05 Ashland Inc., Environ- (G) Adhesive, coating, ink (G) .beta.-ketoester, polymer with mental Health and (chloromethyl)oxirane polymer with Safety 4,4′-(1-methylethylidene)bis[phenol] 2-propenoate, 1,6-hexanediyl di-2- propenoate, .alpha.-hydro-.omega.- [(1-oxo-2-propenyl)oxy]poly(oxy-1,2- ethanediyl) ether with 2-ethyl-2- (hydroxymethyl)-1,3-propanediol (3:1), oxybis(methyl-2,1-ethanediyl) di-2-propenoate, .beta.-diketone and 2-phenoxyethyl 2-propenoate, reaction products with alkylamine P–05–0564 05/23/05 08/20/05 Ashland Inc., Environ- (G) Adhesive, coating, ink (G) .beta.-ketoester, polymer with mental Health and (chloromethyl)oxirane polymer with Safety 4,4′-(1-methylethylidene)bis[phenol] 2-propenoate, 1,6-hexanediyl di-2- propenoate, .alpha.-hydro-.omega.- [(1-oxo-2-propenyl)oxy]poly(oxy-1,2- ethanediyl) ether with 2-ethyl-2- (hydroxymethyl)-1,3-propanediol (3:1), oxybis(methyl-2,1-ethanediyl) di-2-propenoate, .beta.-diketone and 2-phenoxyethyl 2-propenoate, reaction products with alkanolamine P–05–0565 05/23/05 08/20/05 CBI (G) Lubricant additive (G) N-alkylated para-amino diphenylamine P–05–0566 05/23/05 08/20/05 CBI (G) Open, non-dispersive (resin) (G) Hexanediol polycarbonate-based polyurethane-polyurea P–05–0567 05/23/05 08/20/05 CBI (G) Open, non-dispersive (resin) (G) Hexanediol polycarbonate-based polyurethane-polyurea P–05–0568 05/25/05 08/22/05 Firmenich inc. (S) Isolated intermediate (S) Acetic acid, chloro-, 1-(3,3- dimethylcyclohexyl)ethyl ester P–05–0569 05/25/05 08/22/05 3M company (S) Moisture curing hot melt adhesive (G) Polyurethane prepolymer P–05–0570 05/26/05 08/23/05 CBI (G) Catalyst (G) Ammonium multi-metal hydroxide oxide compound P–05–0571 05/26/05 08/23/05 Meadwestvaco Cor- (S) Acrylic support resin for printing (G) Acrylate, polymer with styrene poration - Specialty inks and methylamino chloride com- Chemicals Division pounds P–05–0572 05/26/05 08/23/05 CBI (G) Catalyst (G) Ammonium multi-metal nitrate oxide compound P–05–0573 05/31/05 08/28/05 CBI (G) Industrial Specialty Coating (S) Poly(oxy-1,4-butanediyl), .alpha.- hydro-.omega.-hydroxy-, polymer with 2,4-diisocyanato-1- methylbenzene and .alpha., .alpha.′-[(1-methylethylidene) di-4,1- phenylene]bis[.omega.- hydroxypoly(oxy-1,2-ethanediyl)], 2- hydroxy-3-phenoxypropylacrylate- blocked P–05–0574 05/27/05 08/24/05 CBI (G) Laminating adhesive (G) Polyurethane polymer P–05–0575 05/27/05 08/24/05 CBI (G) Maintenance coating binder (G) Acrylic polymer P–05–0576 05/31/05 08/28/05 Hanse Chemie USA, (S) Modifier to impact resistance (S) Silane, trimethoxyphenyl-, hydrol- Inc. ysis products with silica P–05–0577 05/31/05 08/28/05 Hanse Chemie USA, (S) Modifier to impact resistance (S) Silane, trimethoxypropyl-, hydrol- Inc. ysis products with silica P–05–0578 06/01/05 08/29/05 The Dow Chemical (S) Polymer used in sealant manufac- (G) Isocyanate functional poly Company ture carbomoyl (polyalkylene oxide) P–05–0579 06/01/05 08/29/05 CIBA Specialty Chemi- (S) Light stabilizer for use in coatings (G) 2-[4-(4,6-bis-biphenyl]-4-yl- cals Corporation [1,3,5]triazin-2-yl]-3-hydroxy- phenoxy]-, alkyl acid isoaklyl ester P–05–0580 06/01/05 08/29/05 CBI (G) Coating resin (G) Acrylic acid polymer with vinylated benzenes and substituted propanediol trimethacrylate P–05–0581 06/01/05 08/29/05 CBI (G) Coating resin (G) 2-propenoic acid, polymer with substituted propanediol triacrylated P–05–0582 06/02/05 08/30/05 The Dow Chemical (G) Coating (G) Aspartic ester Company P–05–0583 06/02/05 08/30/05 Cytec Industries Inc. (G) Polymeric flow and foam control (G) Acrylic modified polyester additive for industrial coatings

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I. 47 PREMANUFACTURE NOTICES RECEIVED FROM: 05/11/05 TO 06/08/05—Continued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–05–0584 06/02/05 08/30/05 CBI (S) Polyurethane coating (G) Aqueous polyurethane dispersion P–05–0585 06/03/05 08/31/05 CBI (S) Solution acrylic resin is used as a (S) 2-propenoic acid, 2-methyl-, poly- component in a protective coating mer with butyl 2-methyl-2- (paint) propenoate, 1,1-dimethylethyl 2- methyl-2-propenoate and 2-hy- droxyethyl 2-methyl-2-propenoate, tert-bu peroxide-initiated P–05–0586 06/03/05 08/31/05 Cytec Surface Special- (S) Wetting agent for industrial coat- (G) 2-propenoic acid, 2-methyl-, 2-hy- ties Inc. ings droxyethyl ester, homopolymer, ester with [3- [(carboxyamino)methyl]-3,5,5- trimethylcyclohexyl]carbamic acid mono[2-(2-butoxyethoxy)ethyl]ester, [3-[(carboxyamino)methyl]-3,5,5- trimethylcyclohexyl]carbamic acid mono[2-(dimethylamino)ethyl] ester and alkyl polyester homopolymer hydrogen(methyl-1,3-phen- ylene)bis[carbamate] P–05–0587 06/02/05 08/30/05 CBI (G) Pulp fiber treatment (S) Endo-1,4-.beta.-xylanase P–05–0588 06/06/05 09/03/05 CBI (G) Consumer use - highly dispersive (S) Cycloheptadecenone use as an ingredient in personal care products; industrial use - open non-dispersive use for the manu- facture of products containing pmn substance; commercial use - open dispersive use when products used by professionals on clients P–05–0589 06/06/05 09/03/05 CBI (G) Consumer use - highly dispersive (S) Cyclohexanol, 4-(3-meythylbutyl)- use as an ingredient in personal care products; industrial use - open non-dispersive use for the manu- facture of products containing pmn substance; commercial use - open dispersive use when products used by professionals on clients P–05–0590 06/06/05 09/03/05 CBI (G) 1. Odor eliminator additive. 2. (G) Substituted benzenesulfonamide Laser system additive, 3. Teat dip additive. P–05–0591 06/08/05 09/05/05 BASF Corporation (G) Component used in the manufac- (G) Hexanedioic acid, polymer with ture of polyurethane parts aliphatic diols and diisocyanate

In Table II of this unit, EPA provides CBI) on the Notices of Commencement the following information (to the extent to manufacture received: that such information is not claimed as

II. 43 NOTICES OF COMMENCEMENT FROM: 05/11/05 TO 06/08/05

Commencement Case No. Received Date Notice End Date Chemical

P–04–0003 05/25/05 12/01/04 (S) Pichia pastoris strain gs115 P–02–0283 05/19/05 05/03/05 (S) D-glucopyranose, homopolymer, 2-ethylhexyl glycosides P–02–1002 05/11/05 04/27/05 (S) Benzene, diethenyl-, polymer with ethenylbenzene and ethenylethylbenzene, phosphonomethylated sulfonated P–02–1017 05/26/05 05/23/05 (G) Cationic polyether P–03–0548 05/24/05 05/17/05 (G) Ethoylated alkyl alcohol P–03–0604 05/09/05 04/21/05 (G) Fluorinated methacrylated monomer P–03–0650 05/24/05 05/17/05 (G) Organosulfate calcium hydroxy complex P–04–0203 06/06/05 05/16/05 (G) Alkanediols, polymer with carboxylic acid anhydrides, reacted with branched alcohol and carboxylic acid. P–04–0439 05/18/05 05/06/05 (S) Propanedioic acid, 1-(3,3-dimethylcyclohexyl)ethyl ethyl ester; propanedioic acid, 3,3,7-trimethylcycloheptyl ethyl ester P–04–0483 06/02/05 05/24/05 (G) Functionalized poly(meth)acrylic acid P–04–0525 05/11/05 04/18/05 (G) Alkyl modified silicone P–04–0537 05/31/05 05/17/05 (G) Fluorochemical ester P–04–0596 06/02/05 05/25/05 (G) Alkoxyphenol

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II. 43 NOTICES OF COMMENCEMENT FROM: 05/11/05 TO 06/08/05—Continued

Commencement Case No. Received Date Notice End Date Chemical

P–04–0627 06/01/05 05/12/05 (G) Unsaturated polyester benzoate P–04–0730 06/01/05 05/09/05 (S) Terpenes and terpenoids, turpentine-oil, 3-carene fraction, polymers with phenol P–04–0806 05/24/05 04/29/05 (G) Phosphonic acid, alkyl-, alkyl ester P–04–0837 05/11/05 04/12/05 (G) Blocked aliphatic polyurethane resin P–04–0894 06/07/05 05/13/05 (S) Inulin, carboxymethyl ether, sodium salt P–04–0905 05/25/05 05/12/05 (G) Polymer of vinyl heterocycle P–04–0939 06/08/05 05/25/05 (G) Polysiloxane, aminoalkyl terminated polymers with urea functionality alkylbenzene P–04–0957 05/31/05 05/16/05 (S) 2-propenoic acid, 2-methyl-, polymer with butyl 2-propenoate, ethenylbenzene, methyl 2-methyl-2-propenoate and 2-methylpropyl 2-methyl- 2-propenoate P–04–0958 05/31/05 05/16/05 (S) 2-propenoic acid, 2-methyl-, polymer with butyl 2-propenoate, ethenylbenzene, methyl 2-methyl-2-propenoate and 2-methylpropyl 2-methyl- 2-propenoate, ammonium salt P–05–0011 05/27/05 05/17/05 (S) Phosphinic acid, diethyl-, zinc salt P–05–0031 06/06/05 05/06/05 (S) Soybean oil, mixed esters with pentaerythritol and tung oil P–05–0033 05/11/05 04/12/05 (G) Substituted benzene P–05–0035 06/06/05 05/15/05 (G) Substituted aryl acetonitrile P–05–0108 06/03/05 05/11/05 (S) 2-propenoic acid, 2-methyl-, polymer with 2-hydroxyethyl 2-methyl-2- propenoate and methyl 2-methyl-2-propenoate, 2,2′-azobis[2- methylpropanenitrile]-initiated P–05–0142 05/12/05 04/29/05 (G) Alkyl acrylate, polymer with alkyl acrylate, alkylacrylamide, and alkyl acid P–05–0160 05/24/05 04/26/05 (G) Polyethylene glycol esters of fatty acids P–05–0161 05/24/05 04/25/05 (G) Polyethylene glycol esters of fatty acids P–05–0226 05/13/05 05/04/05 (G) Polyalkoxylated aromatic colorant P–05–0237 05/18/05 04/26/05 (G) Hexamethylene diisocyanate/carbonate/caprolactone/ether prepolymer P–05–0260 05/19/05 05/10/05 (G) Aminoalkoxypolysiloxane P–05–0261 06/06/05 05/22/05 (G) Phenol-substituted amide P–05–0279 05/25/05 05/11/05 (G) Polyurethane polymer P–05–0284 05/18/05 05/08/05 (G) Styrene acrylate copolymer P–05–0300 06/01/05 05/06/05 (G) Niobium organic compound P–05–0305 05/19/05 05/10/05 (S) Tall-oil pitch, sapond., sterol-low P–05–0307 05/16/05 05/12/05 (S) Ruthenium, [1,3-bis(2,4,6-trimethylphenyl)-2- imidazolidinylidene]dichloro(phenylmethylene) (tricyclohexylphosphine)-, (sp- 5-41)- P–05–0308 05/27/05 05/25/05 (S) 2-propenoic acid, polymer with ethenylbenzene and (1- methylethenyl)benzene, compound with 2-aminoethanol P–05–0334 05/31/05 05/23/05 (S) Aluminum hydroxycarbonate P–05–0337 06/06/05 06/01/05 (G) Diphenylcaprylmethicone P–92–0979 06/02/05 05/24/05 (G) Blocked aromatic polyisocyanate

List of Subjects ACTION: Notice. DEPARTMENT OF HEALTH AND Environmental protection, Chemicals, HUMAN SERVICES Premanufacturer notices. SUMMARY: The Office of Personnel Management (OPM) canceled OF 86A, Office of the Secretary Dated: June 16, 2005. Personal Data (Warning) (31⁄2 x 1″ Label) [Document Identifier: OS–0990–New] since it is no longer needed. Vicki A. Simons, Agency Information Collection Acting Director, Information Management FOR FURTHER INFORMATION CONTACT: Ms. Activities: Proposed Collection; Division, Office of Pollution Prevention and Barbara Williams, General Services Comment Request Toxics. Administration, (202) 501–0581. [FR Doc. 05–12574 Filed 6–23–05; 8:45 am] AGENCY: Office of the Secretary, HHS. DATES: Effective June 24, 2005. In compliance with the requirement BILLING CODE 6560–50–S Dated: June 16, 2005. of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Barbara M. Williams, Office of the Secretary (OS), Department Standard and Optional Forms Management of Health and Human Services, is GENERAL SERVICES Officer, General Services Administration. ADMINISTRATION publishing the following summary of [FR Doc. 05–12487 Filed 6–23–05; 8:45 am] proposed collections for public Office of Governmentwide Policy; BILLING CODE 6820–34–M comment. Interested persons are invited Cancellation of an Optional Form by to send comments regarding this burden the Office of Personnel Management estimate or any other aspect of this (OPM) collection of information, including any of the following subjects: (1) The AGENCY: Office of Governmentwide necessity and utility of the proposed Policy, GSA. information collection for the proper

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performance of the agency’s functions; DEPARTMENT OF HEALTH AND recommendations for the proposed (2) the accuracy of the estimated HUMAN SERVICES information collections must be mailed burden; (3) ways to enhance the quality, within 30 days of this notice directly to utility, and clarity of the information to Office of the Secretary the Desk Officer at the address below: be collected; and (4) the use of [Document Identifier: OS–0990–New] OMB Desk Officer: John Kraemer, OMB automated collection techniques or Human Resources and Housing Branch, other forms of information technology to Agency Information Collection Attention: (OMB #0990–NEW), New minimize the information collection Activities: Proposed Collection; Executive Office Building, Room 10235, burden. Comment Request Washington DC 20503. Type of Information Collection AGENCY: Office of the Secretary, HHS. Dated: June 17, 2005. Request: New Collection, Regular; Robert E. Polson, Title of Information Collection: In compliance with the requirement Adolescent Family Life Pregnancy of section 3506(c)(2)(A) of the Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer. Prevention Core Evaluation; Paperwork Reduction Act of 1995, the Form/OMB No.: OS–0990–New; Office of the Secretary (OS), Department [FR Doc. 05–12490 Filed 6–23–05; 8:45 am] Use: The Office of Adolescent of Health and Human Services, is BILLING CODE 4168–17–P Pregnancy Programs (OAPP) has publishing the following summary of developed core data collection tools to proposed collections for public DEPARTMENT OF HEALTH AND assist programs that have received comment. Interested persons are invited HUMAN SERVICES Adolescent Family Life (AFL) to send comments regarding this burden demonstration grants with evaluating estimate or any other aspect of this Grants and Cooperative Agreements; the programs and services provided as collection of information, including any Notice of Availability a part of their grant activies. These of the following subjects: (1) The would be available to support both its necessity and utility of the proposed AGENCY: Department of Health and prevention and care demonstration information collection for the proper Human Services, Office of the Secretary, projects. The data collection tool for performance of the agency’s functions; Office of Public Health and Science, AFL prevention grantees will provide (2) the accuracy of the estimated Office on Women’s Health. information on grantee progress in three burden; (3) ways to enhance the quality, ACTION: Notice. areas: Reducing sexual risk behaviors, utility, and clarity of the information to strengthening parents and families, and be collected; and (4) the use of Funding Opportunity: Request for strengthening school and community automated collection techniques or Applications for Improving, Enhancing, supports. other forms of information technology to and Evaluating Outcomes of Frequency: Reporting, Annually; minimize the information collection Comprehensive Heart Health Care Affected Public: Individuals or burden. Programs for High-Risk Women. households, Not-for-profit institutions; Type of Information Collection Announcement Type: Competitive Annual Number of Respondents: Request: New Collection, Regular; Cooperative Agreement—FY 2005 Initial 41,500; Title of Information Collection: announcement. Total Annual Responses: 83,000; Adolescent Family Life Care Core Funding Opportunity Number: Not Average Burden Per Response: 30 Evaluation; applicable. minutes; Form/OMB No.: OS–0990–New; OMB Catalog of Federal Domestic Total Annual Hours: 41,500; Use: The Office of Adolescent Assistance: The OMB Catalog of Federal To obtain copies of the supporting Pregnancy Programs (OAPP) provide Domestic Assistance number is 93.012. statement and any related forms for the services to pregnant and parenting DATES: Application Deadline: July 25, proposed paperwork collections adolescents. The proposed instruments 2005. referenced above, access the HHS Web developed for this evaluation permit Anticipated Award Date: September site address at http://www.hhs.gov/ measurement of standardized core 1, 2005. oirm/infocollect/pending/ or e-mail your outcomes for parents and their children SUMMARY: The Office on Women’s request, including your address, phone across sites. Health (OWH) within the United States number, OMB number, and OS Frequency: Reporting, Annually; Department of Health and Human document identifier, to Affected Public: Individuals or Services (DHHS) is interested in [email protected], or call the Reports households, Not-for-profit institutions; improving, enhancing, and evaluating Clearance Office on (202) 690–6162. Annual Number of Respondents: outcomes of comprehensive heart health Written comments and 6,300; care programs for high-risk women. recommendations for the proposed Total Annual Responses: 12,600; Under this announcement, OWH information collections must be mailed Average Burden Per Response: 30 anticipates making up to five new within 30 days of this notice directly to minutes; awards, through the cooperative the Desk Officer at the address below: Total Annual Hours: 12,600; agreement grant mechanism, to provide OMB Desk Officer: John Kraemer, OMB To obtain copies of the supporting funding to improve and enhance Human Resources and Housing Branch, statement and any related forms for the existing women’s heart health care Attention: (OMB #0990–NEW), New proposed paperwork collections programs in hospitals, clinics, and/or Executive Office Building, Room 10235, referenced above, access the HHS Web health centers and to enable the Washington, DC 20503. site address at http://www.hhs.gov/ programs to track and evaluate outcome oirm/infocollect/pending/ or e-mail your data. Each grantee shall enhance an Dated: June 17, 2005. request, including your address, phone existing women’s heart health care Robert E. Polson, number, OMB number, and OS program so that it provides a continuum Office of the Secretary, Paperwork Reduction document identifier, to of heart health care services through the Act Reports Clearance Officer. [email protected], or call the Reports integration of the following five [FR Doc. 05–12489 Filed 6–23–05; 8:45 am] Clearance Office on (202) 690–6162. interrelated components: Education and BILLING CODE 4168–17–P Written comments and Awareness, Screening and Risk

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Assessment, Diagnostic Testing and behaviors (Target for physical activity = that it provides a continuum of quality Treatment, Lifestyle Modification and 58%; Target for diet and nutrition = heart health care services to all women Rehabilitation, and Tracking and 56%; Target for smoking cessation = in the community, while specifically Evaluation. Grantees shall also target 72%) targeting high-risk women in at least high-risk women in at least one of the • Increase the proportion of women one of the following groups: Women following groups: Women aged 60 years who are aware that heart disease is the aged 60 years or older, racial and ethnic or older, racial and ethnic minority #1 killer of women (Target = 75%) minority women, and/or women who women, and/or women who live in rural Prevention/Risk Factors live in rural communities (particularly communities (particularly rural rural communities in the South and • communities in the South and Increase the proportion of women Appalachian region). Each program Appalachian region). with high blood pressure whose blood must also be enhanced to offer The goal of these programs will be to pressure is under control (Target = 50%) comprehensive heart health care • reduce heart disease mortality and Reduce the proportion of women services that are women-centered, morbidity among women and to with high total blood cholesterol (Target culturally competent, multi- increase the number of high-risk women = 17%) • disciplinary, continuous and integrated. who receive quality heart health care Increase the proportion of women The women’s heart health care services, including education, with diabetes whose condition has been program must be identifiable to patients diagnosed (Target = 80%) prevention, screening, diagnosis, • and health professionals. Key staff and treatment and rehabilitation. These Reduce the proportion of women health care providers involved in the programs will offer comprehensive heart who are obese (Target = 15%) program must be knowledgeable about • Increase the proportion of women health care services that are women- the differences between heart disease who engage regularly, preferably daily, centered, culturally competent, multi- prevention, diagnosis and treatment in in moderate physical activity for at least disciplinary, continuous and integrated. women and men. The grantee should 30 minutes per day. (Target = 30%) use the award to train other health care I. Funding Opportunity Description Treatment providers affiliated with the program to 1. Authority • Increase the proportion of eligible understand these differences. Adult This program is authorized by section women with heart attacks who receive high-risk women shall be the primary 1703(a) of the Public Health Service Act. fibrinolytics within an hour of symptom focus of this program; however, family members who request services through 2. Purpose onset (Target = 6%) • Increase the proportion of eligible the program must also be Through the cooperative agreement women with heart attacks who receive accommodated. All high-risk women grant mechanism, OWH is interested in percutaneous intervention (PCI) within shall be eligible to participate in the improving and enhancing existing 90 minutes of symptom onset (Target = program, regardless of race, religion, or women’s heart health care programs and 0.67%) age. enabling the programs to track and • Increase the proportion of women In order to apply for the award, evaluate outcome data. The goal of these with coronary heart disease who have applicants must have the framework for programs will be to reduce heart disease their LDL-cholesterol level treated to a at least three of the following five mortality and morbidity among women goal of less than or equal to 100 mg/dL components already in place: Education and to increase the number of high-risk (Target pending) and Awareness, Screening and Risk women who receive quality heart health The targets for these outcomes are Assessment, Diagnostic Testing and care, including education, prevention, based on the targets set for the Treatment, Lifestyle Modification and screening, diagnosis, treatment and objectives of Healthy People 2010. More Rehabilitation, and Tracking and rehabilitation. These programs will be information on the Healthy People 2010 Evaluation. The award should be used demonstration projects; as such, they objectives may be found at http:// to implement the other two components will provide the evidence necessary to www.health.gov/healthypeople. and to enhance the components that are already in place. The framework for all evaluate whether comprehensive 4. Requirements women’s heart health care programs are five components must be in place by the effective in improving heart disease In order to apply for the award, third month of funding. After the initial outcomes in high-risk women. applicants must already have a basic three months, each component must women’s heart health care program in become a continuous, ongoing process 3. Project Outcomes place. The award shall not be used to throughout the entire period of funding. fund direct health care services or At minimum, grantees must be able to Component #1—Education and equipment for patients (e.g., diagnostic demonstrate the following desired Awareness program outcomes among women who tests, screening equipment, treatment, participate in the program or among the etc.). Rather, funds should be used to Education and awareness activities community served: strengthen infrastructure, track and must be conducted in the community evaluate outcome data, conduct and/or at the health care facility several Education/Knowledge community outreach and educational times throughout the year. Activities • Increase the proportion of women activities, improve the coordination and may include health fairs, seminars, CME who are aware of the early warning continuity of care, and reduce courses, etc. The goal of these activities symptoms and signs of a heart attack fragmentation of heart health care will be to educate women and their and the importance of accessing rapid services that already exist within the health care providers about heart emergency care by calling 911 (Target = health care facility. For example, funds disease in women and in the targeted 50%) can be used to hire a program group(s) of high-risk women. During • Increase the proportion of women coordinator, set up a data tracking these activities, participants must with diabetes who receive formal system, acquire or produce educational receive educational materials that diabetes education (Target = 60%) materials, etc. contain information on statistics, risk • Increase the proportion of women The grantee shall enhance the existing factors, prevention and healthy lifestyle appropriately counseled about health women’s heart health care program so changes, warning signs and symptoms,

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diagnosis, screening, treatment, and follow-up appointments with federal government shall be free to use rehabilitation. The prevention specialists, if necessary. program materials both during and after information in these materials must be the period of performance. The grantee Component #4—Lifestyle Modification based on the latest AHA/ACA Evidence- may copyright any work that is and Rehabilitation Based Guidelines for Cardiovascular developed, or for which ownership was Disease Prevention in Women (1). Follow-up of women requiring risk purchased, under the award, but DHHS Grantees may also use or adapt factor modification interventions is reserves a royalty-free, nonexclusive materials from the National Heart, Lung, required. Group or individual classes on and irrevocable right to reproduce, and Blood Institute’s (NHLBI) Heart such topics as hypertension, diabetes, publish, or otherwise use the work for Truth Campaign (http:// nutrition, exercise, and smoking Federal purposes, and to authorize www.nhlbi.nih.gov/health/hearttruth/) cessation can be offered as part of the others to do so. and other NHLBI materials. program. The program must also The grantee shall complete all The OWH will provide the grantee include comprehensive cardiac requirements described in the Funding with materials from the Heart Truth rehabilitation services specifically for Opportunity Description. The grantee Professional Education Campaign, high-risk women who are diagnosed shall also: which can be used or adapted for the with coronary heart disease. Women • Prepare a work plan, task outline, health professional educational requiring cardiac rehabilitation services and schedule of activities within one activities. These materials will be should be actively encouraged to take month of award. available for use in the Fall of 2005. advantage of the services, including • Prepare quarterly progress reports They will include (1) curriculum monitored physical exercise and that outline the status and progression materials for medical students and activity, education, counseling, and risk of the program. allied health professional students, (2) factor management. The program must • Participate in monthly conference grand round presentations (traditional also address the barriers to participation calls with OWH and other awardees of slides and a web-based interactive and compliance experienced by women this grant. version) for cardiologists, primary care (2, 3). • Attend a post-award orientation physicians, and allied health meeting in Washington, DC within two Component #5—Tracking and professionals, and (3) web-based months of award. (Travel funds for this Evaluation interactive multiple unit learning meeting must come out of the total modules for training and self study. The program must track, evaluate and award funding and should be included report on data from Components 1–4. in the applicant’s budget justification.) Component #2—Screening and Risk Baseline and follow-up data from risk • Develop materials (e.g. flyers, Assessment and knowledge assessments, screenings, pamphlets, Web site, etc.) to promote Women who participate in the diagnostic tests, treatment plans, and the program within the community. educational activities must be interventions must be collected, entered • Prepare or obtain culturally encouraged to complete a self- into a central database, and analyzed. competent educational materials on administered heart disease risk and The data collected must be able to heart disease in women, including knowledge assessment tool, which will demonstrate, at minimum, the desired information on statistics, risk factors, be distributed and collected by the program outcomes listed above in prevention, warning signs and grantee. Each woman who completes section I.3. symptoms, diagnosis, screening, the risk and knowledge assessment tool II. Award Information treatment, and rehabilitation. must receive a summary report with • Prepare a directory of local heart personalized heart disease risk Under this announcement OWH resources available in the community, information and a follow-up phone call. anticipates making, through the including cardiologists, dieticians, During the phone call, women must be cooperative agreement grant diabetes experts, weight loss and invited to a follow-up consultation at mechanism, up to five new 12-month exercise programs, and health care the women’s heart health care program awards by September 1, 2005. alternatives for uninsured and or encouraged to make an appointment Approximately $750,000 is available to underinsured women. with their own primary care doctor. make awards of up to $150,000 total • Prepare a draft consent form in lay- During the consultation, each woman cost (direct and indirect) for the initial language, obtain appropriate should receive a more detailed risk 12-month period. Cost sharing and institutional IRB approval, if applicable, assessment including appropriate matching funds is not a requirement of and obtain consent from all program screening tests, as indicated by the latest this grant. The actual number of awards participants. evidence-based practice guidelines. made will depend upon the quality of • Develop or obtain a self- the applications received and amount of administered heart disease risk and Component #3—Diagnostic Testing and funds available for the program. The knowledge assessment tool and a Treatment government is not obligated to make any summary report format. A follow-up appointment must be awards as a result of this • Develop or obtain tracking and scheduled for women requiring announcement. The anticipated start evaluation materials, including tools diagnostic testing and women requiring date for new awards is September 1, and surveys for collecting data on heart interventions, as indicated by the latest 2005 and the anticipated period of disease risk factors, screenings, evidence-based practice guidelines. performance is September 1, 2005 diagnostic tests, treatment plans, Women who attend a follow-up through August 31, 2006. interventions, and health outcomes. appointment shall undergo a physical Under the cooperative agreement, the • Develop or obtain a centralized examination and diagnostic tests, if duties of the grantee and the federal database for storing and analyzing the necessary. Those women needing government are described below. The tracking and evaluation data. interventions should receive OWH will provide the technical • Prepare a draft of the final report six prescriptions for appropriate assistance and oversight necessary for weeks prior to the end date of award. medication, counseling on appropriate the implementation, conduct, and The report should describe all project heart healthy lifestyle changes, and assessment of program activities. The activities for the entire year and include

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an analysis of the tracking and women’s heart health care program in application should be organized in evaluation data. place. Applicants must also have the accordance with the format presented in • Incorporate mutually agreed upon framework for three of the five the Program Guidelines. The original edits from the OWH into the final report components described in the funding and each copy must be stapled and/or by the end date of award. opportunity description (Education and otherwise securely bound. All pages • Adhere to all program requirements Awareness, Screening and Risk must be numbered clearly and specified in this announcement and the Assessment, Diagnostic Testing and sequentially. The application must be Notice of Grant Award. Treatment, Lifestyle Modification and typed on plain 8 1⁄2″ x 11″ white paper, • Submit a final Financial Status Rehabilitation, Tracking and Evaluation) using a 12 point font, and contain 1″ Report. already in place. margins all around. The Project The Federal Government will: If funding is requested in an amount Narrative, excluding the appendices, is • Conduct pre-award site visits of greater than the ceiling of the award limited to a total of thirty (30) pages— applicants with scores in the funding range ($150,000 for a 12-month budget the fronts and backs of 15 pieces of range prior to final selection of period), the application will be paper. The first 30 pages of the proposal awardees, as needed. considered non-responsive and will not will be considered; any pages exceeding • Conduct site visits of the funded be entered into the review process. The this length will be removed from the programs, as needed. application will be returned with proposal and will not be evaluated. Staff • Review and approve work plan, notification that it did not meet the resumes, letters of support, budget task outline, and schedule of activities. submission requirements. Applications justifications, samples of educational • Review quarterly progress reports. that are not complete or do not conform materials, samples of survey • Conduct the monthly conference to or address the criteria of this instruments and data collection forms, calls with grantees. announcement will be considered non- and research results and references may • Conduct a post-award orientation responsive and will not be entered into be included as part of an appendix and meeting in Washington, DC within two the review process. The application will will not count toward the thirty pages months of award. be returned with notification that it did limit. The application must also include • Review and approve materials to not meet the submission requirements. a detailed budget justification, including promote the program within the An organization may submit no more a narrative and computation of community. than one proposal for the program expenditures for one year. The budget • Review and approve the announced in this notice of funding justification does not count toward the educational brochures and materials on availability. Organizations submitting 30 pages limit. heart disease in women. more than one proposal will be deemed An outline for the minimum • Provide the grantee with the Heart ineligible. The proposal will be returned information to be included in the Truth Professional Education Campaign without comment. ‘‘Project Narrative’’ section is presented below. materials. 2. Cost Sharing or Matching Funds • Review the directory of local heart A. Statement of Need resources available in the community. Cost sharing, matching funds, and • Review and approve the self- cost participation is not a requirement The applicant should demonstrate the of this grant. administered heart disease risk and need for improving, enhancing, and evaluating outcomes of the women’s knowledge assessment tool and 3. Other heart health care program. The summary report format. Preference will be given to • Participate in the development of statement of need should include a organizations serving rural or frontier description of the population served by tracking and evaluation materials. communities and/or Native American • Review draft of the final report and the applicant, including relevant tribal organizations. To increase the demographic and risk factor provide comments and edits to be likelihood of funding organizations incorporated into the final document. information. The applicant should also serving rural or frontier communities describe the group(s) of high-risk III. Eligibility Information and/or Native American tribal women that will be targeted and the organizations, OWH will award 5 bonus rationale for choosing the group(s). 1. Eligible Applicants points to applicants meeting these Applicants must be a public or private criteria. B. Program Plan hospital, clinic, or health center IV. Application and Submission The applicant must describe, in providing heart health care services to Information detail, its approach for accomplishing women. Academic health centers and each of the requirements identified in State, county, and local health 1. Address To Request Application the funding opportunity description. departments are eligible for funding Package The program plan must discuss each under this announcement. Programs Application kits may be requested by component (Education and Awareness, that will be implemented in medically calling (301) 594–0758 or writing to: Ms. Screening and Risk Assessment, underserved areas, enterprise Karen Campbell, Director, Office of Diagnostic Testing and Treatment, communities, and empowerment zones Public Health and Science (OPHS) Lifestyle Modification and as well as community health centers Office of Grants Management, 1101 Rehabilitation, and Tracking and funded under Section 330 of the Public Wootton Parkway, Suite 550, Rockville, Evaluation) of the program in the order Health Service Act are encouraged to MD 20852. Applications must be in which it appears in the funding apply. Native American tribal prepared using Form OPHS–1. opportunity description. The proposal organizations, faith-based organizations, should describe the three components of and organizations serving rural or 2. Content and Form of Application the program that are already in place as frontier communities are also Submission well as the components that will be encouraged to apply. Applicants are required to submit an added and/or strengthened using the In order to apply for the award, original ink-signed and dated award. The applicant should discuss applicants must already have a basic application and two photocopies. The how all five components will be

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integrated to improve the coordination framework for all five components must ineligible and will be returned to the and continuity of care and reduce be in place by the third month of applicant unread. fragmentation of heart health care funding. After the initial three months, 4. Intergovernmental Review services. The applicant should also each component must become a discuss how barriers to receiving and continuous, ongoing process throughout This program is subject to the Public utilizing health care will be addressed the entire period of funding. Health Systems Reporting in each component of the program, Requirements. Under these including options available for E. Past Performance requirements, a community-based non- underinsured and uninsured women, Each applicant should describe its governmental applicant must prepare transportation issues, child care, etc. experience and success in implementing and submit a Public Health System The applicant should identify and managing the existing women’s Impact Statement (PHSIS). Applicants potential problems and intended heart health care program, including shall submit a copy of the application solutions. The applicant is free to any tracking and evaluation data already face page (SF–424) and a one page recommend and describe other collected and analyzed. Each applicant summary of the project, called the procedures that it believes will more should also describe any other relevant Public Health System Impact Statement. effectively achieve the stated objectives, previous experience, which may The PHSIS is intended to provide but needs to carefully relate alternatives include, but is not limited to, the information to State and local health and rationales to the approach implementation of (1) a similar officials to keep them apprised of recommended in the funding comprehensive women’s or men’s proposed health services grant opportunity description. health program in any health area (e.g. applications submitted by community- heart disease, cancer, osteoporosis, etc.), based, non-governmental organizations C. Experience and Commitment of Key within their jurisdictions. (2) educational activities aimed at Personnel Community-based, non-governmental improving the awareness of health The applicant must identify key applicants are required to submit, no issues in women and men, and (3) any personnel involved in the project based later than the Federal due date for on the requirements described in health programs targeting the chosen receipt of the application, the following funding opportunity description and group(s) of high-risk women. The information to the head of the other personnel adequate to support the applicant should also include a appropriate state and local health administrative, logistical, financial, and description of itself, its support agencies in the area(s) to be impacted: scientific coordination aspects of the personnel, contractors, and partners, (a) a copy of the face page of the project within the time limits of the and the quality of cooperation between application (SF 424), (b) a summary of grant. The applicant must provide organization, staff, key personnel, and the project (PHSIS), not to exceed one information on which task(s) each of the clients. Finally, the applicant should page, which provides: (1) A description key personnel will perform and the describe any training received by its of the population to be served, (2) a rationale for that assignment. Resumes staff members on how to implement and summary of the services to be provided, for all proposed personnel must be evaluation a women’s heart health care and (3) a description of the coordination submitted with the application in the program. planned with the appropriate state or appendices. The applicant should also F. Appendices local health agencies. Copies of the describe the network of multi- letters forwarding the PHSIS to these disciplinary health care providers that Include documentation and other authorities must be contained in the will be available to provide the services supporting information in this section, application materials submitted to the required in the funding opportunity including staff resumes, letters of DHHS/OWH. description, including any partnerships support, samples of survey instruments This program is also subject to the established with specialists in the and data collection forms, and research requirements of Executive Order 12372 community. The applicant must results and references. that allows States the option of setting demonstrate that key staff and health 3. Submission Dates and Times up a system for reviewing applications care providers involved in the program from within their States for assistance are knowledgeable on (1) the differences To be considered eligible for review, under certain Federal programs. The between heart disease prevention, applications must be received by the application kit to be made available screening, diagnosis, treatment and Office of Public Health and Science under this notice will contain a listing rehabilitation in men and women and (OPHS), Office of Grants Management of States that have chosen to set up a (2) heart disease in the targeted high- by 5 p.m. EST on July 25, 2005. review system and will include a State risk group(s). Applications will be considered as Single Point of Contact (SPOC) in the meeting the deadline if they are State for review. Applicants (other than D. Management Plan received on or before the deadline date. federally recognized Indian tribes) The applicant should develop and The application due date requirement in should contact their SPOCs as early as propose a Management Plan. This plan this announcement supersedes the possible to alert them to the prospective includes a program schedule that lays instructions in the OPHS–1. Electronic applications and receive any necessary out tasks and a time-line and identifies submissions through the Grants.gov instructions on the State process. For significant milestones for the Website Portal provides for applications proposed projects serving more than one accomplishment of the project. Specific to be submitted electronically. State, the applicant is advised to contact staff responsibilities must be detailed in Information about the system is the SPOC in each affected State. A this schedule along with the number of available on the Grants.gov Web Site, complete list of SPOCs may be found at hours that each person will devote to http://www.grants.gov. Applications the following Web site: each task. The plan must provide, at a submitted by facsimile transmission www.whitehouse.gov/omb/grants/ minimum, details pertaining to the five (FAX) or any other electronic format are spoc.html. The due date for State program components as they are ineligible for review and will not be process recommendations is 60 days outlined in the funding description. The accepted. Applications that do not meet after the application deadline. The applicant should keep in mind that the the deadline will be considered OWH does not guarantee that it will

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accommodate or explain its responses to access the free registration page. Please and of the targeted group(s) of high-risk State process recommendations received note that registration via the web site women after that date. (See ‘‘Intergovernmental may take up to 30 business days to • Demonstrated understanding of the Review of Federal Programs,’’ Executive complete. differences between heart disease Order 12372, and 45 CFR Part 100 for prevention, screening, diagnosis, V. Application Review Information a description of the review process and treatment and rehabilitation in men and requirements.) 1. Criteria women. 5. Funding Restrictions The technical review of applications C. Factor 3: Experience and will consider the following 5 factors: The award shall not be used to fund Commitment of Key Personnel (20 direct health care services or equipment A. Factor 1: Program Plan (30 Points) Points) This factor covers the qualifications of for patients (e.g. diagnostic tests, This factor will be evaluated by rating key personnel proposed to perform the screening equipment, treatment, etc.). the applicant’s approach to work and the amount of effort estimated Rather, funds should be used to accomplishing each of the requirements for each person. This evaluation is strengthen infrastructure, track and identified in the funding opportunity based on the following: evaluate outcome data, improve the description as demonstrated by the • Experience, education, and coordination and continuity of care, and following: professional credentials of proposed key reduce fragmentation of heart health • Demonstrated understanding of the personnel on similar projects and in care services that already exist within scope, goals, and objectives of the work related fields the health care facility. required and the applicability and Grant funds may be used to cover • Appropriateness of each person’s clarity of the overall approach costs of: skills for performing the requirements in • Discussions detailing how each of • Personnel the funding opportunity description the requirements will be performed and • Consultants • Adequacy of the multi-disciplinary • Grant related office supplies and the appropriateness of all proposed network of health care providers that methodologies and analyses software • will be available to provide the required • Grant related travel (domestic only) Discussions detailing how each of services • Educational, promotional and the five program components will be • Degree to which key staff and evaluation materials implemented (or enhanced) and health care providers involved in the • integrated to provide continuity of care Other grant related costs • program are knowledgeable on the Grant funds may not be used for: Discussions detailing how the differences between heart disease • Building alterations or renovations program will be women-centered, prevention, screening, diagnosis, • Construction culturally competent, and multi- treatment, and rehabilitation in men and • Screening supplies or equipment disciplinary • women • Incentives and prizes Discuss describing how barriers to • Degree to which key staff and • Food receiving and utilizing health care will health care providers involved in the • Fund raising activities be addressed in each component of the program are knowledgeable on heart • Medical care, diagnostic tests, program, including options available for disease in the targeted high-risk treatment or therapy underinsured and uninsured women, group(s). • Political education and lobbying transportation issues, child care, etc. • Other activities that are not grant • Identification of potential problems D. Factor 4: Management Plan (20 related and intended solutions Points) Guidance for completing the budget • Potential for the success of the The applicant’s staffing, scheduling, can be found in the Program Guidelines, proposed program plan to achieve and and logistics plans will be evaluated for which are included with the complete demonstrate the program outcomes their effectiveness in committing application kits. described in the funding opportunity personnel and resources to achieve the description. 6. Other Submission Requirements program goals within the time frames B. Factor 2: Statement of Need (20 set-forth. This evaluation is based on the All applicants are required to obtain Points) following: a Data Universal Numbering System • Realism of the proposed timeline (DUNS) number as preparation for doing The evaluation of this factor will be and the personnel and resources business electronically with the Federal based on the following: assigned to complete each requirement Government. The DUNS number must • Demonstrated need for improving, • Appropriateness of the proposed be obtained prior to applying for OWH enhancing, and evaluating outcomes of number of hours estimated for each funds. The DUNS number is a nine- the women’s heart health care program requirement and each staff member character identification code provided • Clarity of description of the • Adequacy of organizational by the commercial company Dun & population served by the applicant structure Bradstreet, and serves as a unique including total population, percent • Adequacy of proposed plan to identifier of business entities. There is women, race/ethnicity data, age identify and solve potential problems no charge for requesting a DUNS distribution, incidence of heart disease • Adequacy of proposed plan to number, and you may register and morbidity and mortality, prevalence of monitor and report on program progress obtain a DUNS number by either of the heart disease risk factors, and current and ensure effective communication following methods: utilization of heart health care services between program staff members and the Telephone: 1–866–705–5711. • Clarity of the description of the OWH. Web site: https://www.dnb.com/ group(s) of high-risk women that will be product/eupdate/requestOptions.html. targeted and the rationale for choosing E. Factor 5: Past Performance (10 Points) Be sure to click on the link that reads, the group(s) This factor will be evaluated by ‘‘DUNS Number Only’’ at the right • Demonstrated understanding of the considering the number, size, hand, bottom corner of the screen to unique issues and concerns of women complexity, and success of similar

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projects that the applicant has technical merit in accordance with Such responses will not be considered previously successfully implemented. DHHS policies. Applications will be binding by or upon the OWH. (3) The applicant should describe its evaluated by a technical review panel. Responses to reporting requirements, experience and success in implementing Applicants are advised to pay close conditions, and requests for postaward and managing the existing women’s attention to the specific program amendments must be mailed to the heart health care program, including requirements and general instructions in attention and address of the Grants any tracking and evaluation data already the application kit and to the definitions Management Officer indicated below in collected and analyzed. Other relevant provided in this notice. ‘‘Contacts.’’ All correspondence should previous experience may include, but is Applications will be evaluated by a include the Federal grant number (item not limited to, the implementation of (1) technical review panel composed of 4 on the Notice of Grant Award) and A similar comprehensive women’s or experts in the fields of program requires the signature of an authorized men’s health program in any health area management, heart disease and health business official and/or the project (e.g. heart disease, cancer, osteoporosis, care, community outreach and health director. Failure to follow this guidance etc.), (2) educational activities aimed at education, and community-based will result in a delay in responding to improving the awareness of health research. Consideration for award will your correspondence. (4) The DHHS issues in women and men, and (3) any be given to applicants that best Appropriations Act requires that, when health programs targeting the chosen demonstrate the potential to design a issuing statements, press releases, group(s) of high-risk women. Finally, program that achieves the program goals requests for proposals, bid solicitations, the applicant should describe any stated in this announcement. The and other documents describing projects training received by its staff members on Federal Government may conduct pre- or programs funded in whole or in part how to implement a women’s heart award site visits of applicants with with Federal money, all grantees shall health care program. scores in the funding range prior to final clearly state the percentage and dollar Also evaluated will be the applicant’s selection. amount of the total costs of the program past adherence to schedules and Funding decisions will be made by or project which will be financed with budgets, effectiveness of program the OWH, and will take into Federal money and the percentage and management, willingness to cooperate consideration the recommendations and dollar amount of the total costs of the when difficulties arise, and general ratings of the review panel, pre-award project or program that will be financed compliance with the terms of grants. site visits, program needs, geographic by nongovernmental sources. (5) A location, and stated preferences. To 2. Review and Selection Process notice in response to the President’s increase the likelihood of funding Welfare-to-Work Initiative was Applications should be submitted to: organizations serving rural or frontier published in the Federal Register on Ms. Karen Campbell, Director, Office of communities and/or Native American 5/16/97. This initiative is designed to Public Health and Science (OPHS) tribal organizations, OWH will award 5 facilitate and encourage grantees to hire Office of Grants Management, 1101 bonus points to applicants meeting welfare recipients and to provide Wootton Parkway, Suite 550, Rockville, these criteria. MD 20852. Technical assistance on additional training and/or mentoring as budget and business aspects of the VI. Award Administration Information needed. The text of the notice is application may be obtained from the 1. Award Notices: Within two weeks available electronically on the OMB Office of Grants Management, 1101 of the review of all applications, all home page at http:// Wootton Parkway, Suite 550, Rockville, applicants will receive a letter from the www.whitehouse.gov/wh/eop/omb. MD 20852, telephone: (301) 594–0758. OWH stating whether they are likely to 3. Reporting: A successful applicant Questions regarding programmatic be or have not been approved for will submit quarterly progress reports, a information and/or requests for funding. For those likely to be funded, final report, and a final Financial Status technical assistance in the preparation the letter is not an authorization to Report in the format established by the of the Project Narrative should be begin performance of grant activities. OWH, in accordance with provisions of directed in writing to Dr. Suzanne Applicants selected for funding support the general regulations which apply Haynes, Senior Science Advisor, Office will receive a Notice of Grant Award under ‘‘Monitoring and Reporting on Women’s Health, U.S. Department of signed by the Director of the OPHS Program Performance,’’ 45 CFR parts 74 Health and Human Services, 200 Office of Grants Management. This is and 92. The purpose of the quarterly Independence Avenue, SW., Rm 719E, the authorizing document and it will be and final reports is to provide accurate Washington, DC 20201, e-mail: sent electronically and followed up with and timely program information to [email protected]. a mailed copy. program managers and to respond to Applications will be screened upon 2. Administrative and National Policy Congressional, Departmental, and receipt. Those that are judged to be Requirements: (1) In accepting this public requests for information about incomplete or arrive after the deadline award, the grantee stipulates that the the program. An original and two copies will be returned without review or award and any activities thereunder are of the quarterly progress reports must be comment. If funding is requested in an subject to all provisions of 45 CFR parts submitted by December 2, March 2, and amount greater than the ceiling of the 74 and 92, currently in effect or June 2. A draft of the final report must award range ($150,000 for a 12-month implemented during the period of this be submitted by July 24. The report budget period), the application will be grant. (2) Requests that require prior should describe all project activities for considered nonresponsive and will not approval from the awarding office (See the entire year and include an analysis be entered into the review process. The Chapter 8, PHS Grants Policy Statement) of the tracking and evaluation data. application will be returned with must be submitted in writing to the OWH will review the draft. Suggested notification that it did not meet the OPHS Grants Management Officer. Only revisions will be discussed individually submission requirements. responses signed by the OPHS Grants during a conference call with each Applicants that are judged to be in Management Officer are to be grantee. The mutually agreed upon compliance will be notified by the considered valid. Grantees who take revisions must be incorporated into the Office of Grants Management. Accepted action on the basis of responses from final report by the end date of the applications will be reviewed for other officials do so at their own risk. award.

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VII. Agency Contact(s) • About 46% of women become • New evidence indicates that C- For application kits and information disabled with heart failure within 6 reactive protein may be a stronger risk years of having a heart attack compared factor in men than in women (16). on budget and business aspects of the • application, please contact: Ms. Karen to 22% of men (4). The Women’s Health Initiative • Campbell, Director, OPHS Office of Perioperative complications and study found that a common menopausal Grants Management, 1101 Wootton mortality after percutaneous angioplasty hormone therapy offered to women— Parkway, Suite 550, Rockville, MD and coronary artery bypass surgery are estrogen plus progestin—increased the 20857. Telephone: 301–594–0758. also higher in women than in men (6). risk of heart disease in postmenopausal E-mail: [email protected]. • More women than men in the women (17). Questions regarding programmatic United States have the following five There are also differences among men information and/or requests for major risk factors for heart disease: High and women in heart disease prevention, technical assistance in the preparation blood pressure, high cholesterol, diagnosis and treatment options and diabetes, physical inactivity, and recommendations. of the ‘‘Project Narrative’’ should be • directed in writing to: Dr. Suzanne obesity (7). The American Heart Association Haynes, Senior Science Advisor, Office Some experts speculate that the (AHA) and the American College of on Women’s Health, U.S. Department of difference in heart disease outcomes Cardiology (ACA) now recommend that Health and Human Services, 200 and risk factor prevalence between women keep their HDL level at 50 mg/ Independence Avenue, SW., Rm 719E, women and men may be due, in part, to dL, compared with a recommended Washington, DC 20201. E-mail: a lack of awareness among women and level of 40 mg/dL for men (1). • [email protected]. their physicians of the risks for heart New evidence indicates that aspirin disease in women, and less aggressive therapy does not have the same heart VIII. Other information use of treatments and preventive protective effect in women as it does in 1. Background therapies for women than for men (6, 8). men (18). • • A 2003 national survey conducted The accuracy of exercise EKG and A. OWH by the American Heart Association exercise thallium (with either The Office on Women’s Health (OWH) found that 35% of women cite breast conventional or SPECT imaging) for the in the United States Department of cancer as their greatest health threat diagnosis of heart disease is lower in Health and Human Services (DHHS) while only 13% of women believe that women than in men due to both poor coordinates the efforts of all the DHHS their greatest health threat is heart sensitivity and specificity (6). • agencies and offices involved in disease (9). Some evidence indicates that women’s health. OWH works to • Women often fail to make the clopidogrel is more effective in men improve the health and well-being of connection between risk factors, such as than in women at reducing the risk of women and girls in the United States high blood pressure and high cardiovascular events and death among through its innovative programs by cholesterol, and their own chance of patients with acute coronary syndromes educating health professionals and developing heart disease. (6). • For a comprehensive summary of motivating behavior change in • Physicians tend to rate women as prevention recommendations in women, consumers through the dissemination of being at lower risk for heart disease than see the Evidence-Based Guidelines for health information. To that end, the men even when the men and women Cardiovascular Disease Prevention in OWH has established public/private have very similar risk profiles (10). partnerships that address the major Women recently published by the AHA • A study of over 29,000 routine killer of women—cardiovascular and the ACA (1). physician office visits found that disease. One such partnership is with • For a comprehensive summary of women were counseled less often than the National Heart, Lung, and Blood diagnosis and treatment options in men about exercise, nutrition, and Institute’s (NHLBI) Heart Truth women, see the Evidence Report/ weight reduction (11). Technology Assessment: Results of a Campaign, which is targeting women • aged 40–60 years and their health care The results of the 2003 national Systematic Review of Research on providers, through a national survey found that only 38% of women Diagnosis and Treatment of Coronary educational campaign. reported that their doctors had ever Heart Disease in Women published in discussed heart disease with them (9). 2003 by the Agency for Healthcare B. Women and Heart Disease Women and health care providers are Research and Quality (6). Heart disease is the leading cause of often ill-informed about the differences Recent research has shown disparities death for women in the United States between male and female signs, in prevention, diagnosis and treatment (4). Compared to men, women have symptoms, and risk factors for heart for heart disease among women as higher heart disease mortality, higher disease (8, 9, 12, 13). compared to men. morbidity following a heart attack, • The most common heart attack • In one study, men were more likely lower awareness of heart disease, and symptoms in women are different than than women to undergo noninvasive have a higher prevalence of most major those in men; women are more likely cardiac tests as well as invasive cardiac risk factors for heart disease. than men to experience ‘‘atypical’’ procedures after being diagnosed with • In 2002, about 15,000 more women symptoms such as nausea, indigestion, unstable angina (19). died of heart disease than men in the palpitations, dyspnea and fatigue, and • A recent prospective cohort study United Sates (5). they are less likely than men to of 8353 high-risk women from the • Thirty-eight percent of women die experience chest pain (14). southeastern U.S. found that only about within one year of having a heart attack • The association between diabetes one-third of women with high lipids compared to 25% of men who have and heart disease is stronger in women received lipid-lowering drugs (20). heart attacks (4). than in men; diabetes increases a • Women are also less likely than • About 35% of women and 18% of woman’s risk of developing heart men to receive appropriate drug therapy men heart attack survivors will have disease by 3 to 7 times, compared to 2 after a heart attack such as acute another heart attack within six years (4). to 3 times in men (15). heparin, angiotensin-converting enzyme

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inhibitors, and glycoprotein IIb/IIIa women have a higher prevalence of • African American women are also inhibitors (13, 21). many major risk factors for heart significantly less likely than white • In another study conducted in the disease. women to be referred to a cardiac UK, women were 39% less likely than • In 2002, the heart disease death rate rehabilitation program once they have men to be correctly diagnosed with a was 263.2 per 100,000 for African had a heart attack (45). heart attack (22). American women compared to 192.1 Heart disease awareness is also lower • Women are significantly less likely per 100,000 for white women and 197.2 among certain racial and ethnic than men to be referred to a cardiac per 100,000 for all women combined (5). minority groups of women than among rehabilitation program once they have • About 57% of Hispanic/Latino white women. been diagnosed with heart disease; women, 56% of American Indians/ • In the 2003 national survey women are also less likely to enroll in Alaska Native women, 42.6% of Asian/ conducted by the American Heart and complete cardiac rehabilitation Pacific Islander women and 55% of Association, fewer African-American programs (23–26). African American women do not and Hispanic women than white women exercise, compared to 38% of white correctly cited heart disease as the C. High-Risk Groups women (7, 33–35). leading cause of death among women Some groups of women have higher • About 72% of Mexican-American (9). rates of heart disease mortality than women, 77% of African American • The survey also showed that white other women and/or a higher prevalence women and 61% of American Indians/ women were more likely than women in of factors that increase the risk of heart Alaska Native women are overweight or other racial/ethnic groups to correctly disease mortality and morbidity. These obese, compared to 57% of white identify the major risk factors for heart high-risk groups of women include women (7, 33, 34). disease. women aged 60 years or older, racial • About 37% of American Indians/ iii. Rural Populations: South and and ethnic minority women, and/or Alaska Native women smoke compared Appalachian Region women who live in some rural to 21% of white women (7, 34). communities (particularly rural • Other CVD risk factors such as According to the Rural Healthy communities in the South and diabetes mellitus and high blood People 2010 Companion Document to Appalachian region) (5, 7, 9, 23, 24, 27– pressure are also more prevalent among Healthy People 2010, rural populations 48). minority women than among white ‘‘are faced with certain behaviors, women (7, 33, 34). attitudes, and access challenges that i. Older Women • About 26% of Hispanic/Latino may contribute to their heightened risks • The incidence of heart disease women and 27% of Asian American of coronary heart disease and stroke increases with age, and over 83% of women have not had a blood pressure (46).’’ people who die of heart disease are age screening in the past 12 months, • Access challenges cited in the 65 years or older (27). compared to 20% of white women (36). document include ‘‘long travel distances • The risk of high blood pressure also Disparities also exist in prevention, to comprehensive post discharge care increases with age; about 80% of screening and treatment for heart for heart failure, limited access to women age 65 years and older have high disease among certain racial and ethnic screening services, variances in blood pressure (27). minority women compared to white utilization of antithrombolytic therapy, • After menopause, heart disease women. availability of technology and rates in women are 2 to 3 times that of • Studies have shown that African specialists, and limited access to cardiac women the same age before menopause American women are less likely than rehabilitation services (46).’’ (7). white women to receive statin therapy • Other challenges include a • In addition, levels of HDL even though African American women decreased awareness of heart disease cholesterol decrease after menopause have higher rates of high cholesterol (37, risk, particularly among older rural while levels of LDL cholesterol increase, 38). women, and an increased prevalence of which increases the risk of developing • In one study of 700,000 elderly heart disease risk factors. Women who coronary artery disease. Medicare beneficiaries with ischemic live in rural counties in the South and • Only 18% of women age 65 years heart disease, African American and Appalachian region have higher rates of and older report engaging in regular Native American underwent invasive heart disease mortality than any other leisure time physical activity compared diagnostic and surgical counties in the United States (47, 48). to 59% of the total population of women revascularization far less often than • Women living in rural areas have (28). whites, and Asian Americans were 50% higher rates of smoking and obesity than • Older heart disease patients are less less likely to be admitted to a hospital women living in urban areas (48). likely to receive guideline- than whites (39). D. Women’s Heart Health Programs recommended medical therapies such as • In another recent study of patients beta-blockers, thrombolysis, statins, and hospitalized with heart attack, the time Clearly there is much improvement angiotensin-converting enzyme it took for African Americans, Asian/ needed at all levels of women’s heart inhibitors (29–32). Pacific Islanders and Hispanics to health care, particularly for high-risk • Older women are also less likely receive both fibrinolytic therapy and groups of women (e.g. women aged 60 than younger women to participate in percutaneous coronary intervention was years or older, racial and ethnic cardiac rehabilitation programs after significantly longer compared with minority women, and women who live having a heart attack (23, 24). white patients (40). in rural communities). OWH believes • Several studies of heart attack that implementing comprehensive ii. Racial and Ethnic Minority Women patients have shown that African women’s heart health programs within African American women have the Americans, Asian Americans and hospitals, clinics, and other health care highest age-adjusted heart disease death Hispanics are less likely than whites to centers may help to improve heart rate of any female race/ethnicity group undergo angioplasty, cardiac disease prevention, diagnosis, and in the United State. Compared to white catheterization, and bypass surgery (41– treatment in women. Such programs women, racial and ethnic minority 44 ). address the unique issues and concerns

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of women and take into account the heart disease. Information on high risk disease prevention in women. Circulation differences between heart disease in or risks for heart disease can be found 2004;109(5):672–93. women and men. While there is limited online at http://circ.ahajournals.org/cgi/ 2. Gallagher R, McKinley S, Dracup K. data to date on the ability of these content/full/109/5/672 and http:// Predictors of women’s attendance at cardiac rehabilitation programs. Prog Cardiovasc programs to improve heart disease www.guidelines.gov/summary/ _ Nurs 2003;18(3):121–6. awareness and care in women, some summary.aspx?doc id=3487& 3. Heid HG, Schmelzer M. Influences on promising results have been reported. nbr=2713&string=lipid. women’s participation in cardiac • After the Women’s Heart Program Integrated: The goal of this approach rehabilitation. Rehabil Nurs 2004;29(4):116– was implemented at Our Lady of is to unite the strengths of the various 21. Lourdes Regional Medical Center in areas of women’s health care, and create 4. American Heart Association. Heart Lafayette, Louisiana, non-invasive heart a more informed, less fragmented, and Disease and Stroke Statistics—2005 Update. Dallas, Texas: American Heart Association; disease testing increased by 32% (49). efficient system of care for women that • In addition, 38% of patients 2005. can be replicated in other populations 5. Center for Disease Control and increased their physical activity and and communities. Prevention (CDC). National Center for Health 24% lost weight. • Multi-disciplinary: An approach that Statistics. Health, United States, 2004 With Prior to the program’s existence, is based on the recognition that Chartbook on Trends in the Health of Lafayette women identified cancer as women’s health crosses many Americans. Hyattsville, Maryland: 2004. their greatest health risk. In 2001, they disciplines, and that women’s health 6. Grady D, Chaput L, Kristof M. Results of identified heart disease as their greatest issues need to be addressed across Systematic Review of Research on Diagnosis risk. and Treatment of Coronary Heart Disease in multiple disciplines, such as, geriatrics, Women. Evidence Report/Technology 2. Definitions cardiology, mental health, reproductive Assessment No. 80. AHRQ Publication No. health, nutrition, endocrinology, For the purposes of this cooperative 03–0035. Rockville, MD: Agency for physiology, immunology, rheumatology, agreement program, the following Healthcare Research and Quality. May 2003. dental health, etc. 7. American Heart Association. Women definitions are provided: Racial and Ethnic Minority Women: and Cardiovascular Diseases—Statistics. Community-based: The locus of Dallas, Texas: American Heart Association; control and decision-making powers is American Indian or Alaska Native, Asian, Black or African American, 2005. located at the community level, 8. Practice News. Red Dress Attracts New representing the service area of the Hispanic or Latino, and Native Attention to Heart Disease in Women. community or a significant segment of Hawaiian or Other Pacific Islander. Cardiology 2003;32(7):1–4. the community. (Revision to the Standards for the 9. Mosca L, Ferris A, Fabunmi R, Robertson Community health center: A Classification of Federal Data on Race RM; American Heart Association. Tracking community-based organization that and Ethnicity, Federal Register, Vol. 62, women’s awareness of heart disease: an provides comprehensive primary care No. 210, pg. 58782, October 30, 1997.) American Heart Association national study. Circulation 2004;109(5):573–9. and preventive services to medically Rural community: All territory, population, and housing units located 10. Mosca L, Linfante AH, Benjamin EJ, et underserved populations. This includes al. National study of physician awareness but is not limited to programs outside of urban areas and urban and adherence to cardiovascular disease reimbursed through the Federally cluster. prevention guidelines. Circulation Qualified Health Centers mechanism, Target: Put forth effort to ensure that 2005;111(4):499–510. Migrant Health Centers, Primary Care members of a specific group of women 11. Missed opportunities in preventive Public Housing Health Centers, are aware of the program and that counseling for cardiovascular disease: United Healthcare for the Homeless Centers, components of the program are designed States, 1995. Morbidity and Mortality Weekly and other community-based health to be effective in reaching those Report 1998;47:91–95. 12. McSweeney JC, Cody M, Crane PB. Do centers. populations. This includes creating program materials that are culturally you know them when you see them? Culturally competent: Information Women’s prodromal and acute symptoms of and services provided at the educational competent for that specific group of myocardial infarction. J Cardiovasc Nurs level and in the language and cultural women. This also includes training staff 2001;15(3):26–38. context that are most appropriate for the and health professionals to understand 13. National Institutes of Health. National individuals for whom the information the unique needs, behaviors, cultures Heart Lung and Blood Institute. Women’s and services are intended. and concerns of members of the specific Heart Health: Developing a National Health Continuous: An ongoing set of group of women. Targeting does not Education Action Plan. Strategy services that include a complete array of mean excluding other groups of women Development Workshop Report. March 26– heart health care, from education to from the program. 27, 2001. NIH Publication No.01–2963. screening to diagnosis to treatment and September 2001. Women-centered heart health care 14. Patel H, Rosengren A, Ekman I. rehabilitation, without interruption. services: Services and health care Symptoms in acute coronary syndromes: Frontier community: Community or providers that (1) take into account the does sex make a difference? Am Heart J area with low population density that is differences between heart disease in 2004;148(1):27–33. usually fewer than 6–7 persons per men and women, prevention, screening, 15. Mosca L, Grundy SM, Judelson D, et al. square mile. diagnosis, treatment and rehabilitation Guide to Preventive Cardiology for Women. High-risk women: Groups of women and (2) address the needs and concerns AHA/ACC Scientific Statement Consensus that have higher rates of heart disease of women in an environment that is panel statement. Circulation 1999;99:2480– mortality than other women and/or a welcoming to women, fosters a 2484. 16. Pai JK, Pischon T, Ma J, et al. higher prevalence of factors that commitment to women, treats women increase the risk of heart disease Inflammatory markers and the risk of with dignity, and empowers women coronary heart disease in men and women. mortality and morbidity. Major risk through respect and education. N Engl J Med 2004;351(25):2599–610. factors for heart disease include 3. References 17. Rossouw JE, Anderson GL, Prentice RL, smoking, high blood pressure, high LDL et al. Risks and benefits of estrogen plus cholesterol, obesity, diabetes, physical 1. Mosca L, Appel LJ, Benjamin EJ, et al. progestin in healthy postmenopausal women: inactivity, age, and family history of Evidence-based guidelines for cardiovascular principal results From the Women’s Health

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Initiative randomized controlled trial. JAMA 32. Safford M, Eaton L, Hawley G, et al. 2010. Volume 1. College Station, Texas: The 2002;288:321–333. Disparities in use of lipid-lowering Texas A&M University System Health 18. Ridker PM, Cook NR, Lee IM, et al. A medications among people with type 2 Science Center, School of Rural Public Randomized Trial of Low-Dose Aspirin in the diabetes mellitus. Arch Intern Med Health, Southwest Rural Health Research Primary Prevention of Cardiovascular Disease 2003;163(8):922–8. Center. 2003. in Women. N Engl J Med 2005 Mar 7; [Epub 33. American Heart Association. 47. Halverson JA, Barnett E, Casper M. ahead of print]. Hispanics/Latinos and Cardiovascular Geographic disparities in heart disease and 19. Roger VL, Farkouh ME, Weston SA, et Diseases—Statistics. Dallas, Texas: American stroke mortality among African American al. Sex differences in evaluation and outcome Heart Association; 2005. and white populations in the Appalachian of unstable angina. JAMA 2000;283(5):646– 34. American Heart Association. American region. Ethn Dis 2002;12(4):S3–82–91. 52. Indians/Alaska Natives and Cardiovascular 48. Center for Disease Control and 20. Mosca L, Merz NB, Blumenthal RS, et Diseases—Statistics. Dallas, Texas: American Prevention (CDC). National Center for Health al. Opportunity for intervention to achieve Heart Association; 2005. Statistics. Health, United States, 2001 With American Heart Association guidelines for 35. American Heart Association. Asian/ Urban and Rural Health Chartbook. optimal lipid levels in high-risk women in a Pacific Islanders and Cardiovascular Hyattsville, Maryland: 2001. managed care setting. Circulation Diseases—Statistics. Dallas, Texas: American 49. Montgomery K. Tracking Your Way to 2005;111(4):488–93. Heart Association; 2005. Success: Women’s Heart Program Justifies Its 21. Blomkalns AL, Chen AY, Hochman JS, 36. National Institutes of Health. National Existence. The Ireland Report (From the et al. Gender disparities in the diagnosis and Heart Lung and Blood Institute. Seventh Snowmass Institute—www.snowinst.com) on treatment of non-ST-segment elevation acute Report of the Joint National Committee on Succeeding in Women’s Health. May/June coronary syndromes: large-scale observations Prevention, Detection, Evaluation, and 2002. from the CRUSADE (Can Rapid Risk Treatment of High Blood Pressure (JNC 7) Dated: June 16, 2005. Stratification of Unstable Angina Patients Express. NIH Publication No. 03–5233. Wanda K. Jones, Suppress Adverse Outcomes With Early December 2003. Implementation of the American College of 37. Jha AK, Varosy PD, Kanaya AM, et al. Deputy Assistant Secretary for Health Cardiology/American Heart Association Differences in medical care and disease (Women’s Health). Guidelines) National Quality Improvement outcomes among African American and [FR Doc. 05–12519 Filed 6–23–05; 8:45 am] Initiative. J Am Coll Cardiol 2005;45(6):832– white women with heart disease. Circulation BILLING CODE 4130–33–P 7. 2003;108(9):1089–94. 22. Willingham SA, Kilpatrick. Evidence of 38. Massing MW, Foley KA, Carter- gender bias when applying the new Edwards L, et al. Disparities in lipid DEPARTMENT OF HEALTH AND diagnostic criteria for myocardial infarction. management for African Americans and HUMAN SERVICES Heart 2005;91(2):237–8. Caucasians with coronary artery disease: a 23. Spencer FA, Salami B, Yarzebski J, et national cross-sectional study. BMC Request for Applications for the al. Temporal trends and associated factors of Cardiovasc Disord 2004;4(1):15. National Centers of Excellence in inpatient cardiac rehabilitation in patients 39. Cromwell J, McCall NT, Burton J, Urato Women’s Health (CoE) and the with acute myocardial infarction: a C. Race/Ethnic disparities in utilization of community-wide perspective. J Cardiopulm lifesaving technologies by medicare ischemic National Community Centers of Rehabil 2001;21(6):377–84. heart disease beneficiaries. Med Care Excellence in Women’s Health 24. Witt BJ, Jacobsen SJ, Weston SA, et al. 2005;43(4):330–7. (CCOE)—Ambassadors for Change Cardiac rehabilitation after myocardial 40. Bradley EH, Herrin J, Wang Y, et al. Program infarction in the community. J Am Coll Racial and ethnic differences in time to acute Cardiol 2004;44(5):988–96. reperfusion therapy for patients hospitalized AGENCY: Department of Health and 25. Halm M, Penque S, Doll N, Beahrs M. with myocardial infarction. JAMA Human Services, Office of the Secretary, Women and cardiac rehabilitation: Referral 2004;292(13):1563–72. Office of Public Health and Science. and compliance patterns. J Cardiovasc Nurs 41. Peterson ED, Shaw LK, DeLong ER, ACTION: Notice. 1999 Apr;13(3):83–92. Pryor DB, Califf RM, Mark DB. Racial 26. Caulin-Glaser T, Blum M, Schmeizl R, variation in the use of coronary- Announcement Type: Competitive et al. Gender differences in referral to cardiac revascularization procedures. Are the Cooperative Agreement—FY 2005 Initial rehabilitation programs after differences real? Do they matter? N Engl J announcement. revascularization. J Cardiopulm Rehabil Med 1997;336(7):480–6. Funding Opportunity Number: Not 2001;21(1):24–30. 42. Shen JJ. Severity of illness, treatment applicable. 27. American Heart Association. Older environments, and outcomes of treating acute Americans and Cardiovascular Diseases— myocardial infarction for Hispanic Catalog of Federal Domestic Assistance: Statistics. Dallas, Texas: American Heart Americans. Ethn Dis 2002;12(4):488–98. The Catalog of Federal Domestic Assistance Association; 2005. 43. Yarzebski J, Bujor CF, Lessard D, et al. number is 93.013. 28. Federal Interagency Forum on Aging- Recent and temporal trends (1975 to 1999) in Authority: This program is authorized by Related Statistics. Older Americans 2004: the treatment, hospital, and long-term 42 U.S.C. 300u–2(a). Key Indicators of Well-Being. Federal outcomes of Hispanic and non-Hispanic DATES: To receive consideration Interagency Forum on Aging-Related white patients hospitalized with acute Statistics, Washington, DC: U.S. Government myocardial infarction: a population-based applications must be received by the Printing Office. November 2004. perspective. Am Heart J 2004;147(4):690–7. Office of Grants Management, Office of 29. Tran CT, Laupacis A, Mamdani MM, 44. Kressin NR, Petersen LA. Racial Public Health and Science (OPHS), Tu JV. Effect of age on the use of evidence- differences in the use of invasive Department of Health and Human based therapies for acute myocardial cardiovascular procedures: Review of the Services (DHHS), no later than 5 p.m. infarction. Am Heart J 2004;148(5):834–41. literature and prescription for future eastern daylight time no later than July 30. Rathore SS, Mehta RH, Wang Y, et al. research. Ann Intern Med. 2001;135(5):352– 25, 2005. Effects of age on the quality of care provided 66. SUMMARY: The National Centers of to older patients with acute myocardial 45. Allen JK, Scott LB, Stewart KJ, Young Excellence in Women’s Health and the infarction. Am J Med 2003;114(4):307–15. DR. Disparities in women’s referral to and National Community Centers of 31. McLaughlin TJ, Soumerai SB, Willison enrollment in outpatient cardiac DJ, et al. Adherence to national guidelines for rehabilitation. J Gen Intern Med Excellence in Women’s Health programs drug treatment of suspected acute myocardial 2004;19(7):747–53. provide funding to academic health infarction: Evidence for undertreatment in 46. Gamm LD, Hutchison LL, Dabney BJ, centers and community-based women and the elderly. Arch Intern Med Dorsey, AM., eds. Rural Healthy People 2010: organizations to enhance their women’s 1996;156(7):799–805. A Companion Document to Healthy People health program through the integration

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of these components: (1) Leadership and focused leadership level, and the for tracking the cost of services provided development for women, (2) training for provision of advice and guidance to to women who receive interdisciplinary lay, allied health, and professional other organizations interested in care through the program. Sites must be health care providers, (3) public developing or implementing these able to differentiate the care provided to education and outreach with special unique models of care. The success of women counted as CoE or CCOE emphasis on outreach to minority these programs, the expertise of the patients compared to other patients. women, (4) comprehensive health Centers’ staff, and the pool of diverse II. Award Information service delivery that includes gender women who may be available to and age-appropriate preventive services participate in research, including, e.g., The CoE/CCOE—Ambassadors for and allied health professionals as improving health education material to Change program will be supported members of the comprehensive care their communities, behavior studies, through the cooperative agreement team, and (5) basic science, clinical and clinical trials, make these centers a mechanism. Using this mechanism, the community-based research. In addition, valuable resource to the OWH and other OWH anticipates making up to six new the community centers must replicate agencies within the Department. 3-year awards in FY 2005. The their National Community Center of The Ambassadors for Change must anticipated start date for new awards is Excellence in Women’s Health (CCOE) continue to: (1) Develop and/or September 30, 2005, and the anticipated model in another community. strengthen a framework to bring together period of performance is September 30, a comprehensive array of services for 2005, through September 29, 2008. I. Funding Opportunity Description women; (2) train a cadre of diverse Approximately $225,000 is available to The goals of the Ambassador for health care providers that include allied make awards between $25,000–$50,000 Change program are to: health professionals and community total cost (direct and indirect) for a 12- 1. Increase the number of health health workers; (3) promote leadership/ month budget period. The total amount professionals, including allied health career development for diverse women that may be requested by academic professionals, trained to work with in the health professions, including health centers is $25,000 and the total underserved and diverse women and to allied health professions and amount that may be requested by increase their leadership and advocacy community health workers, and community-based organizations is skills. women/girls in the community; (4) $50,000. (Note: Noncompeting 2. Increase the number of women, enhance public education and outreach continuation awards (up to the especially American Indian or Alaska activities in women’s health with an maximum total cost allowed for each Native, Black or African American, emphasis on gender-specific and age- type of organization per year) will be Hispanic or Latino, Asian, or Native appropriate prevention and/or reduction made subject to satisfactory Hawaiian or Other Pacific Islander who of illness or injuries that appear performance and availability of funds.) pursue health careers and increase the controllable through increased CoE/CCOE—Ambassadors for Change leadership skills and opportunities for knowledge that leads to a modification programs will continue to be recognized women in the community and for of behavior; (5) participate in any by the OWH as National Centers of women faculty in academic settings. national evaluation of the CoE and/or Excellence in Women’s Health and 3. Eliminate health disparities for CCOE program; (6) conduct basic, National Community Centers of women who are underserved due to age, clinical and community-based research Excellence in Women’s Health with all gender, race/ethnicity, education, in women’s health; (7) conduct process, the privileges granted these programs by income, or disability. impact, and outcome evaluations of the OWH. As such, the Ambassadors for 4. Reduce the fragmentation of their program; and (8) provide advice Change will continue to attend the CoE/ women’s health services and access and guidance to other organizations CCOE Center Directors’ meetings, have barriers by using a framework that interested in learning more about the the opportunity to participate in joint coordinates and integrates OWH CoE and CCOE programs. projects initiated and funded by the comprehensive health services. At a minimum, each Ambassador for OWH, remain on the list serve to Comprehensive health services include Change awardee must maintain a continue to have access to information gender and age-appropriate preventive physically-identifiable clinical care and funding opportunities, be a full- services and allied health professionals center for the delivery of participating member of the CoE/CCOE on the service delivery team. comprehensive, interdisciplinary health Research Coordinating Center (if 5. Increase the women’s health care that includes gender and age- applicable), be site visited as needed, be knowledge base by conducting gender- appropriate preventive services for listed on the OWH Web site with links based research and by involving the women. The clinical care center must to their CoE/CCOE Web site, and have community in identifying and have permanent signage that identifies it their products/activities listed on the conducting research related to and as a National Center of Excellence in virtual resource center. responsive to the health needs and Women’s Health or a National Under previous program issues of concern to underserved and Community Center of Excellence in announcements, the OWH funded three minority women in the target Women’s Health supported by the U.S. new CCOE programs in FY 2000. These community. Department of Health and Human are the CCOE programs eligible to apply 6. Empower women, especially Services. The clinical care center must for this award. The OWH also funded underserved and minority women, as be devoted to women-friendly, women- four new CCOE programs in FY 2001, health care consumers and decision- centered, women-relevant care five new programs in FY 2002, and two makers. delivered from a multidisciplinary, new programs in 2004. A total of 14 The primary purpose of the CoE/ holistic, and culturally and CCOE programs have been funded to CCOE—Ambassadors for Change linguistically appropriate perspective. date. program is the continuation of the ‘‘one- The clinical care center must also have Under the contract mechanism, the stop shopping’’ or ‘‘centers without a women’s health clinical intake form, OWH also funded six new CoEs in 1996. walls’’ models of women’s health care referral and tracking system, and The three whose options years were that have been developed by these procedures for identifying and counting renewed through September 2005 are organizations at a new, more progressive the women served by the program and eligible to apply for this award. The

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OWH also is currently funding 18 activities and programs with the DHHS • Present a plan to continue additional CoEs: Four funded since Secretary’s four priority areas—heart integrating all components of the 1997, five funded since 1998, six funded disease, cancer, diabetes, and HIV/AIDS program. The CCOEs are not required to since 2003 and three funded since 2004. with an increased emphasis on continue the replication component but The OWH will provide the technical adolescents, elderly women, mental preference will be given to programs assistance and oversight necessary for health, and violence against women— that plan to continue to provide the implementation, conduct, and and with the Healthy People 2010: Goal technical assistance to their replication assessment of the Ambassador for 2—eliminating health disparities due to site. Additionally, CCOEs that actively Change program activities. age, gender, race/ethnicity, education, participate in the Research Coordinating The applicant shall: income, disability, or living in rural Center (RCC) projects will be considered 1. Implement the program described localities. More information on the as fulfilling the requirements for the in the application. Healthy People 2010 objectives may be research component. A statement of 2. Conduct a process, impact, and found on the Healthy People 2010 Web willingness to participate in the RCC outcome evaluation of their program. site: http://www.health.gov/ activities must be included in the 3. Participate in and pay for healthypeople Another reference is the application, if applicable. attendance at the two annual meetings Healthy People 2000 Review—1998–99. • Discuss a plan to continue the of the CoE and CCOE Center Directors One free copy may be obtained from the involvement of the CoE or CCOE and the joint CoE/CCOE Center National Center for Health Statistics advisory board and their role as it Directors’ meetings. (NCHS), 6525 Belcrest Road, Room relates to the Ambassadors for Change 4. Participate in any national program. 1064, Hyattsville, MD 20782 or • evaluations of the CoE and CCOE telephone (301) 458–4636 (DHHS Be a sustainable organization programs following the guidance Publication No. (PHS) 99–1256). This capable of providing coordinated and provided by the OWH contractor. document may also be downloaded integrated women’s health services in 5. Maintain the CoE or CCOE Web from the NCHS Web site: http:// the targeted community. The applicant site. www.cdc.gov/nchs. Also, Steps to a will need to define the components of 6. Display permanent signage HealthierUS, a program of the comprehensive, multi-disciplinary care, designating the facility as a National Department to help implement the demonstrate that they are culturally, Center of Excellence in Women’s Health Healthy U.S. initiative, advances the linguistically, and gender and age or National Community Center of goal of helping Americans live longer, appropriate, and show that they have a Excellence in Women’s Health. better, and healthier lives. It lays out clear and sustainable framework for 7. Participate in special meetings (i.e., DHHS priorities and programs for Steps providing those services. • Present a plan to provide support, CoE/CCOE Working Group meetings) to a HealthierUS, focusing attention on advice, and guidance to CoEs, CCOEs, and projects/funding opportunities the importance of prevention and identified and/or offered by the OWH. and the Demonstration CoEs, through a promising approaches for promoting variety of training opportunities, such as 8. Adhere to all program requirements healthy environments. specified in the Notice of Grant Award. the ELAM program, promotoras 9. Submit required annual technical III. Eligibility Information trainings, discussions at Center and financial reports by the due dates Directors’ meetings, etc. These activities 1. Eligible Applicants. Eligible may be supported by outside funding or stated in this announcement and the applicants are OWH funded National Notice of Grant Award. The technical sponsors in keeping with the Centers of Excellence in Women’s government partnership ethics report must include a discussion of the Health (CoE) whose funding ends in process, impact, and outcome guidance. September 2005 without remaining • If applicable, detail/specify the evaluation of their program. option years and National Community 10. Participate in the projects of the roles and resources/services that each Centers of Excellence in Women’s Research Coordinating Center (if partner organization bring to the Health (CCOE) programs whose funding applicable). program, the duration and terms of ends in September 2005. The Federal Government will: agreement as confirmed by a signed 1. Participate in at least two annual 2. Cost Sharing or Matching Funds. agreement between the applicant meetings with the CoE/CCOE Center Cost sharing, matching funds, and cost organization and each partner, and Directors and/or Program Coordinators. participation is not a requirement of this describe how the partner organizations 2. Participate in a national evaluation grant. will operate within the Ambassador for of the CoE or CCOE programs using IV. Application and Submission Change structure. (For the CCOEs only: guidance provided by the OWH Information The partnership agreement(s) must contractor. name the individual who will work 3. Review and decide on requested 1. Address to Request Application with the Ambassador program, describe project modifications. Package: Application kits may be their function, and state their 4. Site visit CoE/CCOE facilities, as requested by calling (301) 594–0758 or qualifications. The documents, specific needed. writing to Ms. Karen Campbell, Director, to each organization (form letters are not 5. Review all reports submitted by the Office of Grants Management, Office of acceptable), must be signed by grantees. Public Health and Science, Department individuals with the authority to 6. Facilitate review and clearance of of Health and Human Services, 1101 represent and bind the organization and all Center publications to insure Wootten Parkway, Suite 550, Rockville, be submitted as part of the grant adherence to DHHS policies. MD 20852. Applications must be application.) The DHHS is committed to achieving prepared using Form OPHS–1. • Describe in detail plans for the local the health promotion and disease 2. Content and Form of Application process, impact, and outcome prevention Objectives of Healthy People and Submission: At a minimum, each evaluation of the program and how 2010 and the HealthyUS Initiative. application for a cooperative agreement information obtained from the Emphasis will be placed on aligning the grant funded under this announcement evaluation will be used to enhance the CoE/CCOE—Ambassadors for Change must: program. The applicant must also

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indicate their willingness to participate least a 12 point font, and contain 1″ under certain Federal programs. The in a national evaluation of the program margins all around. application kit to be made available to be conducted under the leadership of Electronic submissions through the under this notice will contain a listing the OWH contractor. Grants.gov Web site Portal provides for of States that have chosen to set up a The Project Narrative must not exceed applications to be submitted review system and will include a State a total of 20 double-spaced pages, electronically. Information about the Single Point of Contact (SOC) in the excluding the appendices. The original system is available on the Grants.gov State for review. Applicants (other than and each copy must be stapled and/or Web site. Applications submitted by federally recognized Indian tribes) otherwise securely bound. The facsimile transmission (FAX) or any should contact their SPECS as early as application should be organized in other electronic format will not be possible to alert them to the prospective accordance with the format presented in accepted. OPHS will not acknowledge applications and receive any necessary the Program Guidelines. An outline for receipt of applications. Applications instructions on the State process. For the minimum information to be received after the exact date and time proposed projects serving more than one included in the ‘‘Project Narrative’’ specified for receipt will not be State, the applicant is advised to contact section is presented below. Applicants accepted. Applications which do not the SOC in each affected State. A must pay particular attention to meet the deadline will be returned to complete list of SPECS may be found at structuring the narrative to respond the applicant unread. the following Web site: http:// clearly and fully to each review Factor Applications will be screened upon www.whitehouse.gov/omb/grants/ and associated review criteria. receipt. Those that are judged to be spoc.html. The due date for State incomplete or arrive after the deadline process recommendations is 60 days I. Background will not be reviewed. Applications that A. Overview of CoE/CCOE program after the application deadline. The B. Primary area(s) of expertise to be offered exceed the specified amount for a OWH does not guarantee that it will through the Ambassadors for Change twelve-month budget period may also accommodate or explain its responses to program not be reviewed. Applicants that are State process recommendations received C. Goal and purpose of the program judged to be in compliance will be after that date. (See ‘‘Intergovernmental II. Implementation Plan reviewed for technical merit in Review of Federal Programs,’’ Executive A. Describe the level of effort to be accordance with DHHS policies. Order 12372, and 45 CFR part 100 for maintained for the CoE/CCOE program Applications will be evaluated by a components a description of the review process and technical review panel composed of requirements.) B. Describe how will the components be experts in the fields of program integrated with a reduced level of Community-based, non-governmental management, service delivery, outreach, activity applicants are required to submit, no health education, research, and C. Describe plans to provide support, later than the Federal due date for leadership development and evaluation. advice, and guidance to the CoEs, receipt of the application, the following Consideration for award will be given to CCOEs, and Demonstration CoEs information to the head of the III. Management Plan applicants that best demonstrate appropriate State and local health A. Key project staff, their resumes, and a progress and/or plausible strategies for staffing diversity chart for budgeted staff eliminating health disparities through agencies in the area(s) to be impacted: and those affiliated with the new CoE/ the integration of training, leadership/ (a) A copy of the face page of the CCOE Ambassador for Change program career development, public education application (SF 424), (b) a summary of B. Staff responsibilities and outreach, comprehensive services the project (PHIS), not to exceed one C. CoE or CCOE Advisory Board that include gender and age-appropriate page, which provides: (1) A description IV. Local CoE or CCOE Evaluation Plan of the population to be served, (2) a A. Purpose preventive services, and research. Applicants are advised to pay close summary of the services to be provided, B. Design/methodology and (3) a description of the coordination C. Use of results attention to the specific program Appendices guidelines and general instructions in planned with the appropriate state or A Required Forms (Assurance of the application kit. local health agencies. Copies of the Compliance Form, etc.) 4. Intergovernmental Review: This letters forwarding the PHIS to these B. Key Staff Resumes program is subject to the Public Health authorities must be contained in the C. Staffing Diversity Chart Systems Reporting Requirements. Under application materials submitted to the D. Other attachments these requirements, a community-based OWH. 3. Submission Dates and Times. To be non-governmental applicant must 5. Funding Restrictions: A majority of considered for review, applications prepare and submit a Public Health the funds must be used to support staff must be received by the Office of Grants System Impact Statement (PHIS). (direct labor) and efforts aimed at Management, Office of Public Health Applicants shall submit a copy of the coordinating and integrating the and Science, by 5 p.m. eastern daylight application face page (SF–424) and a components of the program and travel to time on July 25, 2005. Applications will one page summary of the project, called the two Annual Center Directors’ be considered as meeting the deadline if the Public Health System Impact Meetings per year . The senior person they are received on or before the Statement. The PHIS is intended to responsible for the program shall deadline date. The application due date provide information to State and local continue to devote the maximum effort requirement in this announcement health officials to keep them apprized needed to maintain program excellence. supercedes the instructions in the on proposed health services grant Funds may also be used for program OPHS–1. applications submitted by community- related travel. Applicants are required to submit an based, non-governmental organizations Funds may not be used for original ink-signed and dated within their jurisdictions. construction, building alterations, application and photocopies. All pages This program is also subject to the equipment, printing, food, medical must be numbered clearly and requirements of Executive Order 12372 treatment, or renovations. All budget sequentially. The application must be that allows States the option of setting requests must be justified fully in terms typed double-spaced on one side of up a system for reviewing applications of the proposed goals and objectives and plain 81⁄2″ x 11″ white paper, using at from within their States for assistance include an itemized computational

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explanation/breakout of how costs were Hawaiian or Other Pacific Islander technical assistance visits to other CoE/ determined. women/girls, (c) outreach and public CCOE sites, etc. The CoE and CCOE Center Directors education, (d) comprehensive multi- meet twice a year. A portion of these disciplinary women’s health services Factor 4: Evaluation (15%) meetings will be devoted to the that include gender and age-appropriate The CoE or CCOE shall have in place Ambassadors for Change program. The preventive services, (e) gender-based an ongoing program of process, impact, budget should include a request for research originating at the institution or and outcome evaluation. In addition, a funds to pay for the travel, lodging, and involved with the CoE/CCOE Research clear statement of agreement to meals for the two Center Directors’ Coordinating Center. All components participate fully in any national meetings. The first meeting is usually shall be in place/operational and held between mid-November and mid- program evaluations must be included integrated with one another at the time in the application. December and the second Center the application is submitted. The Directors’ meeting is usually held in applicant must discuss/describe the Factor 5: Degree of Self-Sustainment at May. This year the joint Center resources available to support each the Parent Institution (10%) Directors’ meetings will be held component, plans for maintaining November 7–8, 2005. CCOE Center components, and the relationship of Applicant organization’s capability to Directors are encouraged to bring the each integrated component to the manage the project as determined by the person with primary responsibility for overall goals and objectives of the CoE/ qualifications of the proposed staff; the day-to-day management of the CCOE Ambassador for Change program. proposed staff level of effort; the Ambassador for Change program to institutional commitment demonstrated these meetings and should include their Factor 2: Partnerships (25%) in the application; management travel cost in the budget. The CoE or CCOE shall maintain experience of the staff; and the 6. Other Submission Requirements: existing partnership and develop new experience, resources and role of each Beginning October 1, 2003, all ones within their region and partner organization as it relates to the applicants are required to obtain a Data neighboring regions and with needs and programs/activities of the Universal Numbering System (DUNS) government-sponsored agencies and CoE/CCOE Ambassador for Change number as preparation for doing organizations: program, diversity of the CoE/CCOE • business electronically with the Federal The Regional Women’s Health staff as it relates to and reflects the Government. The DUNS number must Coordinator in their region. The RWHCs community and populations served, be obtained prior to applying for OWH and contact information can be found at integration of allied health professionals funds. The DUNS number is a nine- http://www.4woman.gov/owh/reg/. • into the CoE/CCOE program, and character identification code provided The Minority Women’s Health integration of the CoE/CCOE advisory by the commercial company Dun & Panel of Experts (if there is one in their board into the program’s activities. Bradstreet, and serves as a unique region). The MWHPEs and contact Detailed position descriptions, resumes identifier of business entities. There is information can be found at http:// of key staff, a staffing diversity chart, no charge for requesting a DUNS www.4woman.gov/owh/ and letter of support from key number, and you may register and minority.htm#mwhpe. institutional administrator should be obtain a DUNS number by either of the • DHHS agencies (HRSA, OMH/ included in the appendix. The following methods: telephone: 1–866– OPHS, IHS, NIH, CDC, FDA, etc.). management plan should also describe 705–5711. Web site: http:// • Other government agencies and www.dnb.com/product/eupdate/ State and local governments. succession planning for key personnel requestOptions.html. The partnerships shall work towards: and cross training of responsibilities. Be sure to click on the link that reads, • Improving diversity at their Thoughtful succession planning and ‘‘DUNS Number Only’’ at the right institution regarding populations cross training of responsibilities should hand, bottom corner of the screen to served, culturally competent materials contribute to the sustainability of the access the free registration page. Please and center staff, and program and provide promotion • note that registration via the Web site Continuing to transform the potential. may take up to 30 business days to programs through leadership, outreach 2. Review and Selection Process: complete. especially to adolescents and elderly Accepted applications will be reviewed women, prevention programs on heart V. Application Review Information for technical merit in accordance with disease, diabetes/obesity, cancer, HIV/ DHHS policies. Applications will be 1. Criteria: The technical review of AIDS, mental health, and violence evaluated by a technical review panel applications will consider the following against women, and underserved composed of experts in the fields of factors: women, including the American Indian program management, academic/ population. Factor 1: Level of Integration of the community service delivery, outreach, Components and Gender-Based Factor 3: Agreement to Serve as a health education, research, and Medicine at the Institution (30%) Technical Consultant to Other Sites on leadership development and evaluation. The CoE/CCOE Ambassadors for Your Most Successful Component (20%) Consideration for award will be given to Change Program model shall include: (a) A clear statement of willingness to applicants that meet the goals and Training for professional, allied health, provide technical consultation to other review criteria of the CoE/CCOE and lay health care workers serving academic health centers interest in the Ambassadors for Change programs. underserved diverse women, (b) CoE model or other community-based Funding decisions will be made by leadership/career development for organizations interested in the CCOE the OWH, and will take into women providers and underserved model could include work with the consideration the recommendations and women/girls in the community, Executive Leadership in Academic ratings of the review panel, program including American Indian or Alaska Medicine Program, a promotoras needs, stated preferences, and the Native, Black or African American, training program, presentations at CoE organization’s women’s health Hispanic or Latino, Asian, and Native and CCOE Center Directors’ meetings, experience.

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VI. Award Administration Information 3. Reporting: In addition to those DEPARTMENT OF HEALTH AND 1. Award Notices: Within a month of listed above, a successful applicant will HUMAN SERVICES the review of all applications, submit an annual technical report that Centers for Disease Control and applicants not scoring in the funding includes a detailed discussion of the Prevention range will receive a letter stating that process, impact, outcome evaluation of the Ambassador program and a they have not been recommended for Government-owned Inventions; Financial Status Report in accordance funding. Applicants selected for funding Availability for Licensing and with provisions of the general support will receive a Notice of Grant Cooperative Research and regulations which apply under Award signed by the grants officer. This Development Agreements (CRADAs) is the authorizing document to begin ‘‘Monitoring and Reporting Program performing grant activities and it will be Performance,’’ 45 CFR parts 74 and 92. AGENCY: Centers for Disease Control and sent electronically and followed up with An original and two copies of the Prevention, Technology Transfer Office, a mailed copy. Pre-award costs are not annual report must be submitted by Department of Health and Human supported by the OWH. August 15. The annual report will serve Services. 2. Administrative and National Policy as the non-competing continuation ACTION: Notice. Requirements: (1) In accepting this application and must cover all activities award, the grantee stipulates that the for the entire budget year. Therefore, SUMMARY: The invention named in this award and any activities thereunder are this report must also include the budget notice is owned by agencies of the subject to all provisions of the 45 CFR request for the next grant year, with United States Government and is parts 74 and 92, currently in effect or appropriate justification, and signatures, available for licensing in the United implemented during the period of this and be submitted using Form PHS 5161. States (U.S.) in accordance with 35 grant. Requests that require prior U.S.C. 207, and is available for approval from the awarding office (see VII. Agency Contact(s) cooperative research and development Chapter 8, PHS Grants Policy Statement) agreements (CRADAs) in accordance For application kits and information with 15 U.S.C. 3710, to achieve must be submitted in writing to the on budget and business aspects of the OPHS Grants Management Office. Only expeditious commercialization of application, please contact: Office of results of federally funded research and responses signed by the Grants Grants Management, Office of Public Management Officer are to be development. A U.S. provisional patent Health and Science, Department of application has been filed and foreign considered valid. Grantees who take Health and Human Services, 1101 action on the basis of responses from patent applications are expected to be Wootten Parkway, Suite 550, Rockville, filed within the year to extend market other officials do so at their own risk. MD 20857. Telephone: (310) 594–0758. Such responses will not be considered coverage for U.S. companies and may binding by or upon the OWH. (2) Questions regarding programmatic also be available for licensing. Responses to reporting requirements, information and/or requests for ADDRESSES: Licensing and CRADA conditions, and requests for post-award technical assistance in the preparation information, and information related to amendments must be mailed to the of the grant application by CCOEs the technology listed below, may be Office of Grants Management at the should be directed in writing to Ms. obtained by writing to Suzanne Seavello address indicated below in ‘‘Agency Barbara James, Director, National Shope, J.D., Technology Licensing and Contacts.’’ All correspondence requires Community Centers of Excellence in Marketing Scientist, Technology the signature of an authorized business Women’s Health Program, 5600 Fishers Transfer Office, Centers for Disease official and/or the project director. Lane, Room 16A–55, Rockville, MD Control and Prevention (CDC), Mailstop Failure to follow this guidance will 20859. Telephone: (301) 443–1402. E- K–79, 4770 Buford Highway, Atlanta, result in a delay in responding to your mail: [email protected]. GA 30341, telephone (770) 488–8613; correspondence. (3) The DHHS Questions from the CoEs should be facsimile (770) 488–8615; or e-mail Appropriations Act requires that, when directed to Ms. Eileen Newman, Public [email protected]. A signed Confidential issuing statements, press releases, Health Analyst at the same address. Her Disclosure Agreement (available under requests for proposals, bid solicitations, e-mail is [email protected]. Forms at http://www.cdc.gov/tto) will be required to receive copies of and other documents describing projects VIII. Other Information or programs funded in whole or in part unpublished patent applications and with Federal money, the issuance shall Fourteen (14) CCOE programs are other information. clearly state the percentage and dollar currently funded by the OWH. SOFTWARE—Family Healthware TM amount of the total costs of the program Information about these programs may Familial Risk Analysis for Determining or project that will be financed with be found at the following Web site: a Disease Prevention Plan Federal money and the percentage and http://www.4woman.gov/owh/CCOE/ dollar amount of the total costs of the index.htm. Twenty-one (21) CoE Family health history reflects the project or program that will be financed programs are currently funded by the interactions of genetic, environmental, by nongovernmental sources. (4) A OWH. Information about these programs and behavioral risk factors and has been notice in response to the President’s may be found at the following Web site: shown to help predict disease risk for a Welfare-to-Work Initiative was http://www.4woman.gov/COE/ variety of disorders including published in the Federal Register on index.htm. cardiovascular disease, cancer, and May 16, 1997. This initiative is designed diabetes. The Centers for Disease to facilitate and encourage grantees to Dated: June 15, 2005. Control and Prevention has an ongoing hire welfare recipients and to provide Wanda K. Jones, initiative to evaluate the use of family additional training and/or mentoring as Deputy Assistant Secretary for Health history information for assessing risk for needed. The text of the notice is (Women’s Health), Office of Public Health common diseases and influencing early available electronically on the OMB and Science. detection and prevention strategies. The home page at http:// [FR Doc. 05–12518 Filed 6–23–05; 8:45 am] tools and methods currently used for www.whitehouse.gov/wh/eop/omb. BILLING CODE 4150–33–P taking family histories, however, are

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inadequate for widespread use in DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND preventive medicine and public health. HUMAN SERVICES HUMAN SERVICES As part of the family history initiative, CDC is developing an electronic, self- Centers for Disease Control and Centers for Disease Control and administered, Web-based tool that Prevention Prevention assesses familial risk for six diseases Disease, Disability, and Injury Availability of Opportunity to Provide and recommends early detection and Prevention and Control Special Input for the National Occupational prevention strategies. The tool collects: Emphasis Panel (SEP): Health Research Agenda • Name, date of birth, gender, Promotion and Diabetes Prevention adoption status, Ashkenazi Jewish Projects for American Indian/Alaska The National Institute for heritage. Native Communities: Adaptations of Occupational Safety and Health (NIOSH) of the Centers for Disease • Practical Community Environmental Current height and weight. Control and Prevention (CDC) • Indicators, Program Announcement Health behaviors: smoking, physical Number AA029 announces the following: activity, fruit and vegetable Availability of Opportunity for the consumption, alcohol use, aspirin use. In accordance with Section 10(a)(2) of Public to Provide Input for the National • Screening tests: clinical breast the Federal Advisory Committee Act Occupational Research Agenda (NORA). For the past nine years, NORA has exam, mammogram, fecal occult blood (Pub. L. 92–463), the Centers for Disease served as a framework to guide test, sigmoidoscopy, colonoscopy, blood Control and Prevention (CDC) announces the following meeting: occupational safety and health research cholesterol, blood pressure, and blood in the nation. Approximately 500 sugar. Name: Disease, Disability, and Injury participants outside NIOSH provided • Disease history of a person’s first- Prevention and Control Special Emphasis input into the development of the first and second-degree relatives (mother, Panel (SEP): Health Promotion and Diabetes agenda. Building on the success of Prevention Projects for American Indian/ father, grandparents, siblings, aunts and Alaska Native Communities: Adaptations of NORA, the second decade of NORA will uncles) for coronary heart disease, Practical Community Environmental use a sector-based approach. stroke, diabetes, and colorectal, breast, Indicators, Program Announcement Number NIOSH and its partners under NORA and ovarian cancer. AA029. are pleased to introduce a newly updated NORA Web site at http:// Algorithms in the software analyze Times and Dates: 9 a.m.–5 p.m., August 2, 2005 (Closed); 9 a.m.–5 p.m., August 3, 2005 www.cdc.gov/niosh/nora. An important the data and assess risk based on the (Closed); 9 a.m.–4 p.m., August 4, 2005 feature of the updated page is an online number of relatives affected, their age at (Closed). feedback form. We hope both disease onset, their gender, the Place: Club House Inn and Suites, 1315 individuals and organizations will use closeness of the relatives to each other Menaul Boulevard NE., Albuquerque, NM this opportunity to submit comments and the user, and the combinations of 87107, Telephone Number (505) 345–0010. and suggestions for guiding the design Status: The meeting will be closed to the diseases in the family. The tool provides of future occupational safety and health public in accordance with provisions set the user with a report that includes an research in the nation. assessment of familial risk for each forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, The Web site allows stakeholders to disease (described as strong, moderate Management Analysis and Services Office, describe what they perceive to be the or weak), an explanation as to why the CDC, pursuant to Public Law 92–463. top research needs within each sector, family history is a risk factor, and Matters To Be Discussed: The meeting will sub-sector, or in multiple sectors. recommendations for disease prevention include the review, discussion, and Stakeholders can submit comments on and screening that are targeted to the evaluation of applications received in the approach to redesigning NORA as it familial risk and based on answers to response to: Health Promotion and Diabetes enters its second decade. We invite the health behavior and screening Prevention Projects for American Indian/ partners and collaborators to use the questions. An evaluation trial of Family Alaska Native Communities: Adaptations of electronic option to provide comments, Practical Community Environmental TM which will automatically be entered Healthware ; set in primary practice Indicators, Program Announcement Number clinics will begin in July 2005. AA029. into the NORA Docket maintained by NIOSH. Inventors: Maren T. Scheuner, Paula For Further Information Contact: Maria E. Burns, M.P.A., Senior Program Management Experience gained in the first decade W. Yoon, Muin J. Khoury, and Cynthia of NORA indicates that the following Jorgensen. Officer, National Center for Chronic Disease Prevention and Health Promotion, CDC, 1720 types of information may help identify CDC Ref. #: I–004–04. Louisiana Boulevard, NE., Albuquerque, NM the areas where new research will make Dated: June 13, 2005. 87110, Telephone (505) 232–9907. the greatest contributions to preventing The Director, Management Analysis and work-related injuries, illnesses, and James D. Seligman, Services Office, has been delegated the deaths: Associate Director for Program, Services, authority to sign Federal Register notices • Number of workers at risk Centers for Disease Control and Prevention. pertaining to announcements of meetings and • Seriousness of the hazard [FR Doc. 05–12498 Filed 6–23–05; 8:45 am] other committee management activities, for • Probability that new information both CDC and the Agency for Toxic BILLING CODE 4163–18–P Substances and Disease Registry. and approaches will make a difference Alternatively, comments may be e- Dated: June 20, 2005. mailed to [email protected] or Alvin Hall, mailed to: Docket NIOSH–047, Robert Director, Management Analysis and Services A. Taft Laboratories (C–34), 4676 Office, Centers for Disease Control and Columbia Parkway, Cincinnati, OH Prevention. 45226. [FR Doc. 05–12499 Filed 6–23–05; 8:45 am] The public may also view the BILLING CODE 4163–18–P complete NORA Docket at this location.

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Contact for Additional Information: lipid or polyplex delivery systems, do Polyclonal Antibodies to Human [email protected]. not efficiently deliver siRNAs or Thyroid Hormone Beta Receptor, JC8- The Director, Management Analysis shRNAs into a wide range of cell types. TRb1 And JC16–TRb1 and Services Office, has been delegated Subsequent innovations have resulted Dr. Sheue-yann Cheng, the authority to sign Federal Register in shRNA, but not siRNA, expression DHHS Reference No. E–153–2003/0— Notices pertaining to announcements of cassettes that have been adapted to be Research Tool. meetings and other committee compatible with most DNA-based viral Licensing Contact: Marlene Shinn-Astor; management activities, for both the vector systems including retroviruses, (301) 435–4426; Centers for Disease Control and adenoviruses, lentiviruses, and adeno- [email protected]. associated viruses. As with the transfer Prevention and the Agency for Toxic In human tissues, there are five of cDNAs, all of these delivery systems Substances and Disease Registry. thyroid hormone receptor subtypes, require a significant degree of Dated: June 17, 2005. TRb1, TRb2, TRb3, TRa1, and TRa2. optimization and are often only useful Alvin Hall, High affinity polyclonal and in specific cell systems. Additionally, monoclonal antibodies have been Director, Management Analysis and Services some viral vectors also have the Office, Centers for Disease Control and developed to specifically recognize TRb disadvantage of low titer and large Prevention. and TRa1 in human and mouse tissues. genome size. Further, some of the above [FR Doc. 05–12500 Filed 6–23–05; 8:45 am] These antibodies have been designated viral delivery systems are dependent on BILLING CODE 4163–18–P b b helper viruses or packaging cell lines, as JC8–TR 1 and JC16–TR 1. These and some are not able to transduce non- antibodies could be used by researchers worldwide in both clinical and research DEPARTMENT OF HEALTH AND dividing cells, or cells in suspension. Also inherent in current DNA viral applications. HUMAN SERVICES In addition to licensing, the delivery systems is a lack of efficiency technology is available for further National Institutes of Health in delivering the DNA or RNA of interest to the nucleus. Instead, the DNA development through collaborative research opportunities with the Government-Owned Inventions; vector and concomitant siRNA insert inventors. Availability for Licensing remains in the cytoplasm. siRNA is emerging as a powerful tool Dated: June 15, 2005. AGENCY: National Institutes of Health, for gene silencing and has much Steven M. Ferguson, Public Health Service, DHHS. potential for anticancer and antiviral Director, Division of Technology Development ACTION: Notice. applications. However, efficient and Transfer, Office of Technology Transfer, delivery of these specific siRNAs to the National Institutes of Health. SUMMARY: The inventions listed below nucleus of a cell is an important aspect are owned by an agency of the U.S. [FR Doc. 05–12597 Filed 6–23–05; 8:45 am] of interfering with specific DNA BILLING CODE 4140–01–P Government and are available for transcription. The present invention licensing in the U.S. in accordance with provides compositions and methods for 35 U.S.C. 207 to achieve expeditious use of infectious particles, such as DEPARTMENT OF HEALTH AND commercialization of results of papovavirus pseudovirions, to deliver HUMAN SERVICES federally-funded research and siRNAs into a variety of mammalian development. Foreign patent cells. More specifically, the infectious Centers for Medicare & Medicaid applications are filed on selected particles may comprise the SV40 capsid Services inventions to extend market coverage protein VP1, papilloma virus capsid [Document Identifier: CMS–339] for companies and may also be available protein L1, polyoma virus capsid for licensing. protein VP1, or several SV40 capsid Agency Information Collection ADDRESSES: Licensing information and proteins. The claims further comprise Activities: Proposed Collection; copies of the U.S. patent applications methods for in vivo transfer of siRNA as Comment Request listed below may be obtained by writing well as a kit comprising the infectious to the indicated licensing contact at the particle and instructions for use as a AGENCY: Centers for Medicare & Office of Technology Transfer, National siRNA delivery system. This Medicaid Services, HHS. Institutes of Health, 6011 Executive pseudovirions technology has proved to In compliance with the requirement Boulevard, Suite 325, Rockville, be an excellent alternative to DNA-viral of section 3506(c)(2)(A) of the Maryland 20852–3804; telephone: (301) vectors for siRNA delivery with high Paperwork Reduction Act of 1995, the 496–7057; fax: (301) 402–0220. A signed capacity, very high efficiency, and no Centers for Medicare & Medicaid Confidential Disclosure Agreement will viral DNA complications. The Services (CMS) is publishing the be required to receive copies of the pseudovirion delivery technology is following summary of proposed patent applications. described in the following background collections for public comment. publications: Kimchi-Sarfaty et al., Interested persons are invited to send Infectious Particle Composition and Human Gene Therapy 13: 299–310, comments regarding this burden Methods of Use Thereof 2002; Kimchi-Sarfaty et al., Human estimate or any other aspect of this Chava Kimchi-Sarfaty and Michael M. Gene Therapy 14: 167–177, 2003; and collection of information, including any Gottesman (NCI), Kimchi-Sarfaty et al., Gene Ther Mol of the following subjects: (1) The DHHS Reference No. E–138–2005/0– Biol 8: 439–450, 2004. necessity and utility of the proposed US–01. This technology is available for information collection for the proper Licensing Contact: Michelle A. Booden; licensing on an exclusive or a non- performance of the agency’s functions; (301) 451–7337; exclusive basis. In addition to licensing, (2) the accuracy of the estimated [email protected]. the technology is available for further burden; (3) ways to enhance the quality, Current methods for delivery of small development through collaborative utility, and clarity of the information to interfering RNA (siRNA) and short research opportunities with the be collected; and (4) the use of hairpin RNA (shRNA) such as cationic inventors. automated collection techniques or

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other forms of information technology to DEPARTMENT OF HEALTH AND issued in accordance with the minimize the information collection HUMAN SERVICES requirements of regulations prescribed burden. under a specific section of the 1. Type of Information Collection Centers for Medicare & Medicaid Immigration and Nationality Act.; Request: Revision of a currently Services Affected Public: Business or other for- approved collection; Title of [Document Identifier: CMS–10130] profit, Not-for-profit institutions, and Information Collection: Medicare State, Local or Tribal Governments; Provider Cost Report Reimbursement Agency Information Collection Number of Respondents: 7,503,000; Questionnaire and Supporting Activities: Proposed Collection; Total Annual Responses: 7,512,000; Regulations in 42 CFR 413.20, 413.24, Comment Request Total Annual Hours: 634,000. and 415.60; Form Nos.: CMS–339 (OMB To obtain copies of the supporting # 0938–0301); Use: The purpose of Form AGENCY: Centers for Medicare & statement and any related forms for the CMS–339 is to assist the provider in Medicaid Services, HHS. proposed paperwork collections preparing an acceptable cost report and In compliance with the requirement referenced above, access CMS’’ Web site to minimize subsequent contact of section 3506(c)(2)(A) of the address at http://www.cms.hhs.gov/ between the provider and its Paperwork Reduction Act of 1995, the regulations/pra/, or E-mail your request, Centers for Medicare & Medicaid intermediary. Form CMS–339 provides including your address, phone number, Services (CMS) is publishing the the basic data necessary to support the OMB number, and CMS document following summary of proposed information in the cost report. This identifier, to [email protected], collections for public comment. includes information the provider uses or call the Reports Clearance Office on Interested persons are invited to send to develop the provider and professional (410) 786–1326. comments regarding this burden components of physician compensation Written comments and estimate or any other aspect of this so that compensation can be properly recommendations for the proposed collection of information, including any allocated between the Part A and the information collections must be mailed of the following subjects: (1) The Part B trust funds. CMS is currently within 60 days of this notice to the necessity and utility of the proposed address below: CMS, Office of Strategic working on eliminating Form CMS–339 information collection for the proper and including the applicable questions Operations and Regulatory Affairs, performance of the agency’s functions; Division of Regulations Development, on the individual cost report forms. (2) the accuracy of the estimated Because of the time required to include Attention: William N. Parham, III, PRA burden; (3) ways to enhance the quality, Analyst, Room C5–13–27, 7500 Security the applicable questions in each of the utility, and clarity of the information to individual cost reports, CMS is revising Boulevard, Baltimore, Maryland 21244– be collected; and (4) the use of 1850. the currently approved information automated collection techniques or collection; Frequency: Annually; other forms of information technology to Dated: June 17, 2005. Affected Public: Business or other for- minimize the information collection Michelle Shortt, profit, not-for-profit institutions, State, burden. Acting Director, Regulations Development local or tribal governments; Number of 1. Type of Information Collection Group, Office of Strategic Operations and Respondents: 35,904; Total Annual Request: Extension of a currently Regulatory Affairs. Responses: 35,904; Total Annual Hours: approved collection; Title of [FR Doc. 05–12492 Filed 6–23–05; 8:45 am] 618,210. Information Collection: Federal Funding BILLING CODE 4120–01–P To obtain copies of the supporting of Emergency Health Services (Section statement and any related forms for the 1011): Provider Payment Determination proposed paperwork collections and Request for Section 1011 On-Call DEPARTMENT OF HEALTH AND referenced above, access CMS’ Web site Payments; Form No.: CMS–10130 (OMB HUMAN SERVICES address at http://www.cms.hhs.gov/ # 0938–0952); Use: Section 1011 of Centers for Medicare & Medicaid regulations/pra/, or e-mail your request, MMA provides that the Secretary will Services including your address, phone number, establish a process for eligible providers OMB number, and CMS document to request payment. The Secretary must [CMS–5022–N] identifier, to [email protected], directly pay hospitals, physicians, and or call the Reports Clearance Office on ambulance providers (including Indian Medicare Program; Solicitation for (410) 786–1326. Health Service, Indian tribe and tribal Applications for the Medical Adult Day- Written comments and organizations) for their otherwise un- Care Services Demonstration recommendations for the proposed reimbursed costs of providing services information collections must be mailed AGENCY: Centers for Medicare & required by Section 1867 of the Social Medicaid Services (CMS), HHS. within 60 days of this notice to the Security Act (EMTALA) and related address below: CMS, Office of Strategic ACTION: Notice for solicitation of hospital inpatient, outpatient and applications. Operations and Regulatory Affairs, ambulance services. Payments may be Division of Regulations Development, made only for services furnished to SUMMARY: This notice informs interested Attention: William N. Parham, III, PRA certain individuals described in the parties of an opportunity to apply for Analyst, Room C5–13–27, 7500 Security statute as: (1) Undocumented aliens; (2) participation in the Medical Adult Day- Boulevard, Baltimore, Maryland 21244– aliens who have been paroled into the Care Services Demonstration. This 1850. United States at a United States port of demonstration tests an alternative Dated: June 3, 2005. entry for the purpose of receiving approach to service delivery by allowing Jim L. Wickliffe, eligible services; and (3) Mexican home health beneficiaries to receive a CMS Reports Clearance Officer, Regulations citizens permitted to enter the United portion of the medical services included Development Group, Office of Strategic States for not more than 72 hours under in their home health plan of care in a Operations and Regulatory Affairs. the authority of a biometric machine medical adult day-care facility [FR Doc. 05–12161 Filed 6–23–05; 8:45 am] readable border crossing identification (MADCF). The project will allow us to BILLING CODE 4120–01–P card (also referred to as a ‘‘laser visa’’) test potential improvements in quality

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of care, outcomes, and program MADCF(s). Each site may include all utilization of other (non-Medicare efficiency related to the provision of States in which it provides home health covered) adult day health center home health services in an MADCF services as long as the adult day-care services; beneficiary health, function, setting. We intend to use a competitive services are provided in MADCFs and satisfaction; family/caregiver application process to select up to five licensed or certified in one of the States satisfaction; beneficiary out of pocket sites to participate in this that license or certify medical adult day cost and total program costs; and HHA demonstration. This demonstration is care facilities. Treatment under the 3- and MADCF financial outcomes. Most restricted to the States that license or year demonstration is limited across all importantly, we can learn whether certify medical adult day-care facilities. sites to 15,000 beneficiaries at any one beneficiaries are willing to receive part FOR FURTHER INFORMATION AND TO OBTAIN time. For those Medicare beneficiaries of their home health services at an A COPY OF THE SOLICITATION: Interested who agree to participate in the MADCF. demonstration, the HHA will receive 95 parties can obtain complete solicitation III. Site Selection submission requirements and percent of the prospective payment Section 703 of the MMA provides that supporting information about this system (PPS) amount that otherwise the Secretary shall conduct a three-year demonstration at the Medical Adult would have been paid for the home demonstration project in not more than Day-Care Services Demonstration health episode of care had all services five sites in States that license or certify webpage found at the following Web been delivered in the beneficiary’s providers of services that furnish site address: http://www.cms.hhs.gov/ home. medical adult day-care services. researchers/demos/MADCS/default.asp. The purpose of this demonstration is Potential sites are restricted to these Or by contacting: Armen Thoumaian, to evaluate the outcomes and costs of states. The following 36 states have been Ph.D., Mail Stop: S3–02–01, Centers for providing innovative models of health identified as meeting this requirement: Medicare & Medicaid Services, 7500 care that include both home health care services and medical adult day-care AK, AZ, CA, CO, DE, FL, HI, IA, KS, KY, Security Boulevard, Baltimore, services that improve the quality of life LA, MA, ME, MD, MN, MO, MT, NE, Maryland 21244. Phone: (410) 786–6672 for Medicare beneficiaries. An NH, NJ, NV, NM, NC, NY, OK, PA, RI, or toll free at (877) 267–2323, Ext. independent evaluation will be SC, TN, TX, UT, VA, VT, WI, WV, WY. 66672. E-mail address: conducted for this demonstration. At Applicants from states not listed must [email protected]. the conclusion of the demonstration, the provide evidence that the state licenses DATES: Effective Date: Applications Secretary must report to the Congress an or certifies providers of services that must be received by September 22, evaluation of the clinical and cost- furnish medical adult day-care services. 2005. effectiveness of the demonstration as A demonstration site is defined as a single HHA or a corporate entity that ADDRESSES: Mail applications to— well as recommendations for the Centers for Medicare & Medicaid extension or termination of the project. includes one or more HHAs providing services in one or more of the eligible Services, Attention: Dr. Armen II. Purpose Thoumaian, Mail Stop: S3–02–01, 7500 States. Pursuant to section 703(f) of the This notice solicits applications for a Security Boulevard, Baltimore, MMA, preference will be given to those demonstration project in which Maryland 21244. Because of staff and agencies that are currently licensed or Medicare-certified HHAs, in partnership resource limitations, we cannot accept certified through common ownership with a medical adult day-care facility applications by facsimile (FAX) and control to furnish medical adult (MADCF), or facilities, provide medical day-care services according. We will transmission or by e-mail. Applicants adult day-care services as a substitute will receive a communication require that all sites selected to for a portion of home health care participate in the demonstration be acknowledging the receipt of their services that would otherwise be application. associated through ownership or provided in the beneficiary’s home. The through contractual agreement with one SUPPLEMENTARY INFORMATION: demonstration is initiated to determine or more MADCFs. Sites will be selected whether these provisions will result in I. Background based on the proposals that clearly and higher quality care with better most convincingly address the issues set Section 703 of the Medicare utilization of Medicare-covered services forth in the solicitation on our Web site: Prescription Drug, Improvement, and while promoting the physical and http://www.cms.hhs.gov/researchers/ Modernization Act of 2003 (MMA)(Pub. mental health of participating Medicare demos/MADCS/default.asp. L. 108–173, enacted on December 8, beneficiaries. The Medical Adult Day- Under the demonstration, the HHAs 2003) requires that the Secretary shall Care Services Demonstration will allow will be permitted to deliver (or contract establish a demonstration project under a home health agency (directly or in for the delivery of) medical adult day- which the Secretary shall, as part of a conjunction with adult day health care services as a substitute for a portion plan of care for home health services facilities) to provide a portion of the of a beneficiary’s home health care established for a Medicare beneficiary services included in the home health services at an affiliated MADCF that has by a physician, permit a home health plan of care in a MADCF setting rather been State licensed or certified for at agency (HHA), directly or under than in the beneficiary’s home. As such, least 2 years. arrangements with a medical adult day- the demonstration will allow us to care facility (MADCF), to provide gather data on the efficacy and cost- IV. Beneficiary Eligibility and medical adult day-care services as a effectiveness of providing those services Enrollment substitute for a portion of home health in the adult day health setting as an The demonstration will be open to all services that would otherwise be alternative to the home. Additional Medicare beneficiaries that meet the provided in the beneficiary’s home. important outcomes from this Medicare eligibility requirements for Participation in the demonstration by demonstration project include: receiving home health care services Medicare beneficiaries admitted for measuring impacts on the amounts and through the Medicare fee-for-service home health care is voluntary. The types of home health and other program. Participation by Medicare demonstration is limited to not more Medicare services beneficiaries receive beneficiaries in the demonstration is than five sites and associated and settings in which they receive them; voluntary. Participating HHAs will

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conduct patient assessments and other VI. Collection of Information Commonwealth for fiscal year (FY) 2006 required activities as they normally Requirements under title XXI of the Social Security would under the Medicare conditions of The information collection Act (the Act). Final allotments for a participation except that they would be requirements associated with this notice fiscal year are available to match able to offer Medicare home health are subject to the Paperwork Reduction expenditures under an approved State patients the opportunity to receive a Act of 1995 (PRA); however, the child health plan for 3 fiscal years, portion of their care in a MADCF. collection is currently approved under including the year for which the final allotment was provided. The FY 2006 During the initial and follow-up patient OMB control number 0938–0880 allotments will be available to States for assessments, HHAs will have the entitled ‘‘Medicare Demonstration FY 2006, and unexpended amounts may opportunity to identify beneficiaries Waiver Application’’ with a current be carried over to FY 2007 and FY 2008. who might benefit from adult day-care expiration date of July 31, 2006. Federal funds appropriated for title XXI services. Demonstration participants are Authority: Section 703 of the Medicare are limited, and the law specifies a those beneficiaries who agree to Prescription Drug, Improvement, and formula to divide the total annual participate in the demonstration and Modernization Act of 2003 (MMA), Pub. L. appropriation into individual allotments receive part of their home health 108–173. available for each State, the District of services at the MADCF. Those who Dated: April 29, 2005. Columbia, and each U.S. Territory and agree should also be informed that they Mark B. McClellan, Commonwealth with an approved child will be contacted in the future by the Administrator, Centers for Medicare & health plan. demonstration support and evaluation Medicaid Services. Section 2104(b)(1) and (c)(3) of the contractor(s). [FR Doc. 05–12524 Filed 6–23–05; 8:45 am] Act requires States, the District of Participation by Medicare BILLING CODE 4121–01–P Columbia, and U.S. Territories and beneficiaries is completely voluntary Commonwealths to have an approved child health plan for the fiscal year in and participating beneficiaries have the order for the Secretary to provide an option of withdrawing from DEPARTMENT OF HEALTH AND HUMAN SERVICES allotment for that fiscal year. All States, participation at any time. Up to 15,000 the District of Columbia, and U.S. beneficiaries across the five sites may Centers for Medicare & Medicaid Territories and Commonwealths have participate in the demonstration at any Services approved plans for FY 2006. Therefore, given time. Sites will be provided with [CMS–2219–N] the FY 2006 allotments contained in enrollment limits proportional to their this notice pertain to all States, the capacity prorated against the combined RIN 0938–ZA17 District of Columbia, and U.S. total of 15,000 enrollees at any one time. Territories and Commonwealths. This will be done to ensure that smaller State Children’s Health Insurance II. Methodology for Determining Final sites will have an opportunity to enroll Program; Final Allotments to States, Allotments for States, the District of a fair portion of the total enrollment the District of Columbia, and U.S. Columbia, and U.S. Territories and allowed under the demonstration. Territories and Commonwealths for Fiscal Year 2006 Commonwealths V. Payment Section 2104(a) of the Act provides AGENCY: Centers for Medicare & that, for purposes of providing Medicaid Services (CMS), HHS. Under the demonstration, the allotments to the States, the District of participating HHAs will be paid 95 ACTION: Notice. Columbia, and U.S. Territories and percent of the prospective payment Commonwealths, the following amounts system (PPS) amount that otherwise SUMMARY: Title XXI of the Social Security Act (the Act) authorizes are appropriated: $4,295,000,000 for FY would have been paid for the home 1998; $4,275,000,000 for each FY 1999 health episode of care had all services payment of Federal matching funds to States, the District of Columbia, and through FY 2001; $3,150,000,000 for been delivered in the beneficiary’s each FY 2002 through FY 2004; U.S. Territories and Commonwealths to home. Current provisions related to $4,050,000,000 for each FY 2005 initiate and expand health insurance case-mix group assignment and through FY 2006; and $5,000,000,000 coverage to uninsured, low-income payment adjustments are not affected by for FY 2007. children under the State Children’s the demonstration. Payment will be This notice specifies, in the Table Health Insurance Program (SCHIP). This under section III, the final FY 2006 provided directly to the HHA for all notice sets forth the final allotments of services delivered during the home allotments available to individual Federal funding available to each State, States, the District of Columbia, and health episode of care whether provided the District of Columbia, and each U.S. at home or in the adult day health U.S. Territories and Commonwealths for Territory and Commonwealth for fiscal either child health assistance facility. Under section 703(b)(1) of the year 2006. MMA, the beneficiary may not be expenditures under approved State DATES: Effective Date: This notice is child health plans or for claiming an separately charged for medical adult- effective on July 25, 2005. Final day care services furnished as part of enhanced Federal medical assistance allotments are available for percentage rate for certain SCHIP- the home health plan of care. expenditures after October 1, 2005. related Medicaid expenditures. As The statute requires the Secretary to FOR FURTHER INFORMATION CONTACT: discussed below, the FY 2006 final monitor the demonstration to ensure Richard Strauss, (410) 786–2019. allotments have been calculated to that the provision of services in the SUPPLEMENTARY INFORMATION: reflect the methodology for determining demonstration does not result in a net an allotment amount for each State, the increase in total spending, and provides I. Purpose of This Notice District of Columbia, and each U.S. the authority to make payment This notice sets forth the allotments Territory and Commonwealth as adjustments to ensure that budget available to each State, the District of prescribed by section 2104(b) and (c) of neutrality is maintained. Columbia, and each U.S. Territory and the Act.

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Allotments to the U.S. Territories and States and the District of Columbia is of the Act, the number of children for Commonwealths $4,039,875,000. This was determined as a State is calculated as the sum of 50 Under section 2104(c) of the Act, 0.25 follows: percent of the number of low-income, percent of the total amount appropriated AT ($4,039,875,000) = S2104(a) uninsured children in the State and 50 ¥ each year is available for allotment to ($4,050,000,000) T2104(c) percent of the number of low-income the U.S. Territories and ($10,125,000) children in the State. Under section Commonwealths of Puerto Rico, Guam, For purposes of the following 2104(b)(2)(B) of the Act, the the Virgin Islands, American Samoa, discussion, the term ‘‘State,’’ as defined determination of the number of children applied in calculating the SCHIP and the Northern Mariana Islands. For in section 2104(b)(4)(D)(ii) of the Act, allotment for a particular fiscal year is FY 2006, this amount is $10,125,000 ‘‘means one of the 50 States or the based on the arithmetic average of the (0.25 percent of the FY 2006 District of Columbia.’’ number of such children, as reported appropriation of $4,050,000,000). Allotments to Each State and defined in the three most recent Section 2104(c)(4)(B) of the Act Under section 2104(b)(4) of the Act, March supplements to the Current provides for additional amounts for each State is allotted a ‘‘proportion’’ of Population Survey (CPS) of the Bureau allotment to the U.S. Territories and the total amount available for allotment of the Census officially available before Commonwealths: $32,000,000 for FY to the States. The term ‘‘proportion’’ is the beginning of the calendar year in 1999; $34,200,000 for each FY 2000 defined in section 2104(b)(4)(D)(i) of the which the fiscal year begins. As part of through FY 2001; $25,200,000 for each Act and refers to a State’s share of the a continuing formal process between the FY 2002 through FY 2004; $32,400,000 total amount available for allotment for Centers for Medicare & Medicaid for each FY 2005 through FY 2006; and any given fiscal year. The sum of the Services (CMS) and the Bureau of the $40,000,000 for FY 2007. Since, for FY proportions for all States must exactly Census, each fiscal year we obtain the 2006, title XXI of the Act provides an equal one. Under the statutory number of children data officially from additional $32,400,000 for allotment to definition, a State’s proportion for a the Bureau of the Census, based on the the U.S. Territories and fiscal year is equal to the State’s standard methodology used to Commonwealths, the total amount allotment for the fiscal year divided by determine official poverty status and available for allotment to the U.S. the total amount available for allotment uninsured status in the annual CPS on Territories and Commonwealths in FY for the fiscal year. In general, a State’s these topics. Since FY 2006 begins on 2006 is $42,525,000; that is, $32,400,000 allotment for a fiscal year is calculated October 1, 2005 (that is, in calendar year plus $10,125,000. This amount then is by multiplying the State’s proportion for 2005), in determining the FY 2006 allotted to the U.S. Territories and the fiscal year by the total amount SCHIP allotments, we are using the most Commonwealths according to the available for allotment for that fiscal recent official data from the Bureau of following percentages, as specified in year in accordance with the following the Census available before January 1 of section 2104(c)(2) of the Act: Puerto formula: calendar year 2005 (that is, through the Rico, 91.6 percent; Guam, 3.5 percent; SAi = Pi x AT, where end of December 31, 2004). Through the Virgin Islands, 2.6 percent; SAi = Allotment for a State for a fiscal December 31, 2004, the most recent American Samoa, 1.2 percent; and the year. official data available from the Bureau Northern Mariana Islands, 1.1 percent. Pi = Proportion for a State for a fiscal of the Census on the numbers of Allotments to the 50 States and the year. children were data from the three March A = Total amount available for District of Columbia T CPSs conducted in March 2002, 2003, allotment to the States for the fiscal and 2004 (representing data for years Total Allotment Available year. For FY 2006, this is 2001, 2002, and 2003). The total amount available nationally $4,039,875,000. 2. State Cost Factor. The State cost for allotment for the 50 States and the In accordance with the statutory factor is based on annual average wages District of Columbia for FY 2006 is formula for determining allotments, the in the health services industry in the determined in accordance with the State proportions are determined under State. Under section 2104(b)(3)(A) of the following formula: two steps, which are described below in Act, the State cost factor for a State is further detail. equal to the sum of: 0.15 and 0.85 A = S ( ) ¥ T ( ), T 2104 a 2104 c Under the first step, the preadjusted multiplied by the ratio of the annual where proportions for each State are average wages in the health industry per AT = Total amount available for determined. Each State’s proportion is employee for the State to the annual allotment to the 50 States and the calculated by multiplying the State’s average wages per employee in the District of Columbia for the fiscal Number of Children, as described health industry for the States. year. below, and the State Cost Factor, as Under section 2104(b)(3)(B) of the S2104(a) = Total appropriation for the described below, to determine a Act, the State cost factor for each State fiscal year indicated in section ‘‘product’’ for each State. The products for a fiscal year is calculated based on 2104(a) of the Act. For FY 2006, this for all States are then summed. Finally, the average of the annual wages for is $4,050,000,000. the product for a State is divided by the employees in the health industry for T2104(c) = Total amount available for sum of the products for all States, each State using data for each of the allotment for the U.S. Territories thereby yielding the State’s preadjusted most recent 3 years as reported by the and Commonwealths; determined proportion. Under the second step, the Bureau of Labor Statistics (BLS) in the under section 2104(c) of the Act as preadjusted proportions are subject to Department of Labor and available 0.25 percent of the total the application of proportion floors, before the beginning of the calendar appropriation for the 50 States and ceilings, and a reconciliation process as year in which the fiscal year begins. the District of Columbia. For FY appropriate, as described below. Since FY 2006 begins on October 1, 2006, this is: .0025 × $4,050,000,000 2005 (that is, in calendar year 2005), in = $10,125,000. Preadjusted Proportions determining the FY 2006 SCHIP Therefore, for FY 2006, the total 1. Number of Children. For FY 2006, allotments, we are using the most recent amount available for allotment to the 50 as specified by section 2104(b)(2)(A)(iii) 3 years of reported BLS data before

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January 1, 2005 (that is, through the end the application of the floors and ceiling 10 percent below the previous fiscal of December 31, 2004). Accordingly, we and adjustments, as specified in the Act year’s proportion. The third proportion used the State cost factor data available at section 2104(b)(4). The determination floor is equal to 70 percent of the from BLS for 2001, 2002, and 2003 in of each State’s preadjusted proportion allotment proportion for the State for FY calculating the FY 2006 final allotments. for FY 2006 is in accordance with the 1999; that is, the proportion for a fiscal As part of a continuing formal process following formula: year must not be lower than 30 percent

between CMS and the BLS, each fiscal PPi = (Ci × SCFi/(Ci × SCFi), where below the FY 1999 proportion. year CMS obtains these wage data PPi = Preadjusted proportion for a State Each State’s allotment proportion for officially from the BLS. for a fiscal year. a fiscal year is also limited by a Section 2104(b)(3)(B) of the Act refers Ci = Number of children in a State maximum ceiling amount, equal to 145 to wage data as reported by BLS under (section 2104(b)(1)(A)(i) of the Act) percent of the State’s proportion for FY the ‘‘Standard Industrial Classification’’ for a fiscal year. As described 1999; that is, a State’s proportion for a (SIC) system, and refers specifically to above, for fiscal year 2006, the fiscal year must be no higher than 45 SIC code 8000. However, in calendar number of children is equal to the percent above the State’s proportion for year 2002, BLS phased-out the SIC wage sum of 50 percent of the number of FY 1999. The floors and ceilings are and employment reporting system and low-income uninsured children in intended to minimize the fluctuation of replaced it with the ‘‘North American the State for the fiscal year and 50 State allotments from year to year and Industry Classification System’’ percent of the number of low- over the life of the program as compared (NAICS). Because of the changes from income children in the State for the to FY 1999. the SIC system to NAICS, wage data for fiscal year. (See section As determined under the first step for 2001 and 2002 are not available under 2104(b)(2)(A)(iii) of the Act.) determining the States’ preadjusted the SIC reporting system. Further, these SCFi = State Cost Factor for a State proportions, which is applied before the SIC data were not even collected in FY (section 2104(b)(1)(A)(ii) of the application of any floors or ceilings, the 2003. Therefore, the BLS wage data used Act). For a fiscal year, this is equal sum of the proportions for all the States in calculating the 3-year annual average to: 0.15 + 0.85 × (W /W ) will be equal to exactly one. However, wages for FY 2006 SCHIP allotments i N W = The annual average wages per the application of the floors and ceilings necessarily reflect NAICS data, rather i employee for a State for such year, under the second step may change the than SIC data. proportions for certain States; that is, Under the SIC system, BLS provided as described above (section some States’ proportions may need to be CMS with wage data for each State 2104(b)(3)(A)(ii)(I) of the Act). raised to the floors, while other States’ under the SIC code 8000. However, the WN = The annual average wages per proportions may need to be lowered to wage data codes under the SIC system employee for all States, as described do not map exactly to the wage data above (section 2104(b)(3)(A)(ii)(II) the maximum ceiling. If this occurs, the codes under the NAICS. As a result, BLS of the Act). sum of the proportions for all States S (Ci × SCFi) = The sum of the products may not exactly equal one. In that case, provided us with wage data using three × NAICS wage data codes that represent of (Ci SCFi) for each State (section section 2104(b)(4)(B) of the Act requires approximately 98 percent of the wage 2104(b)(1)(B) of the Act). the proportions to be adjusted, under a data that would have been provided The resulting proportions would then method that is determined by whether under the related SIC code 8000. be subject to the application of the the sum of the proportions is greater or Specifically, in lieu of SIC code 8000 floors and ceilings specified at section less than one. data, BLS provided CMS data that are 2104(b)(4) of the Act, as described The sum of the proportions would be based on the following three NAICS below, and reconciled, as necessary, to greater than one if the application of the codes: NAICS Code 621 (Ambulatory eliminate any deficit or surplus of the floors and ceilings resulted in raising health care services), Code 622 allotments because the sum of the the proportions of some States (due to (Hospitals), and Code 623 (Nursing and proportions was either greater than or the application of the floors) to a greater residential care facilities). less than one, as explained in detail degree than the proportions of other Because of Privacy Act requirements below. States were lowered (due to the application of the ceiling). If, after and other confidentiality requirements, Application of Floors and Ceilings the BLS suppresses certain State- application of the floors and ceiling, the specific data used in calculating related Under the second step, the sum of the proportions is greater than national average wages. Therefore, we preadjusted proportions are subject to one, section 2104(b)(4)(B)(i) of the Act used the State-specific average wages the application of proportion floors, requires the Secretary to determine a per health services industry employee ceilings, and a reconciliation process, as maximum percentage increase limit, data provided to us by BLS to determine appropriate. Section 2104(b)(4)(A) of the which, when applied to the State the national average wages per Act specifies three proportion floors, or proportions, would result in the sum of employee for the 50 States and the minimum proportions, that apply in the proportions being exactly one. District of Columbia, as required by determining States’ allotments. The first If, after the application of the floors section 2104(b)(3)(A)(ii)(II) of the Act for proportion floor is equal to $2,000,000 and ceiling, the sum of the proportions determining the State Cost Factor. divided by the total of the amount is less than one, section 2104(b)(4)(B)(ii) available for the fiscal year. This of the Act requires the States’ Determination of Preadjusted proportion ensures that a State’s proportions to be increased in a ‘‘pro Proportions minimum allotment would be rata’’ manner so that the sum of the The following is an explanation of $2,000,000. For FY 2006, no State’s proportions equals one. Finally, it is how we applied the two State-related preadjusted proportion is below this also possible, although unlikely, that the factors specified in the Act at section floor. The second proportion floor is sum of the proportions (after the 2104(b)(3) to determine the States’ equal to 90 percent of the allotment application of the floors and ceiling) ‘‘preadjusted’’ proportions for FY 2006. proportion for the State for the previous will be exactly one; in that case, the The term ‘‘preadjusted,’’ as used here, fiscal year; that is, a State’s proportion proportions would require no further refers to the States’’ proportions before for a fiscal year must not be lower than adjustment.

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Section 2104(e) of the Act requires the number of low-income children in share for each State and the District of that the amounts allotted to a State for the State. Columbia of the total allotment a fiscal year be available to the State for Column C = State Cost Factor. The available after the application of the a total of 3 years; the fiscal year for State cost factor for a State is equal to floors and ceilings and after any further which the amounts are allotted, and the the sum of: 0.15, and 0.85 multiplied by reconciliation needed to ensure that the 2 following fiscal years. the ratio of the annual average wages in sum of the State proportions is equal to the health industry per employee for the III. Table of State Children’s Health one. The three floors specified in the State to the annual wages per employee statute are: (1) The percentage Insurance Program Final Allotments for in the health industry for the 50 States FY 2006 calculated by dividing $2,000,000 by the and the District of Columbia. The State total of the amount available for all Key to Table cost factor for each State was calculated allotments for the fiscal year; (2) an based on such wage data for each State Column/Description annual floor of 90 percent of (that is, 10 as reported and determined as final by percent below) the preceding fiscal Column A = State. Name of State, the BLS in the Department of Labor for year’s allotment proportion; and (3) a District of Columbia, U.S. each of the most recent 3 years and cumulative floor of 70 percent of (that Commonwealth or Territory. available before the beginning of the is, 30 percent below) the FY 1999 Column B = Number of Children. The calendar year in which the fiscal year allotment proportion. There is also a number of children for each State begins. The FY 2006 allotments were cumulative ceiling of 145 percent of (provided in thousands) was determined based on final BLS wage data for 2001, (that is, 45 percent above) the FY 1999 and provided by the Bureau of the 2002, and 2003. allotment proportion. Column D = Product. The Product for Census based on the arithmetic average each State was calculated by There is no adjustment made to the of the number of low-income children multiplying the Number of Children in allotments of the U.S. Territories and and low-income uninsured children, Column B by the State Cost Factor in Commonwealths as they are not subject and is based on the three most recent Column C. The sum of the Products for to the application of the floors and March supplements to the CPS of the all 50 States and the District of ceiling. As a result, Column F in the Bureau of the Census officially available Columbia is below the Products for each table, the Adjusted Proportion of Total, before the beginning of the calendar State in Column D. The Product for each is empty for the U.S. Territories and year in which the fiscal year begins. The State and the sum of the Products for all Commonwealths. FY 2006 allotments were based on the States provides the basis for allotment to 2002, 2003, and 2004 March Column G = Allotment. This is the States and the District of Columbia. SCHIP allotment for each State, supplements to the CPS. These data Column E = Proportion of Total. This represent the number of people in each Commonwealth, or Territory or the is the calculated percentage share for District of Columbia for the fiscal year. State under 19 years of age whose each State of the total allotment family incomes are at or below 200 For each of the 50 States and the District available to the 50 States and the of Columbia, this is determined as the percent of the poverty threshold District of Columbia. The Percent Share appropriate for that family, and who are Adjusted Proportion of Total in Column of Total is calculated as the ratio of the F for the State multiplied by the total reported to be without health insurance Product for each State in Column D to coverage. The number of children for amount available for allotment for the the sum of the Products for all 50 States 50 States and the District of Columbia each State was developed by the Bureau and the District of Columbia below the for the fiscal year. of the Census based on the standard Products for each State in Column D. methodology used to determine official For the U.S. Territories and For each of the U.S. Territory and poverty status and uninsured status in Commonwealths, the Proportion of Commonwealths, the allotment is its annual March CPS on these topics. Total in Column E reflects the determined as the Proportion of Total in For FY 2006, the number of children percentages set forth in section 2104(c) Column E multiplied by the total is equal to the sum of 50 percent of the of the Act. amount available for allotment to the number of low-income uninsured Column F = Adjusted Proportion of U.S. Territories and Commonwealths. children in the State and 50 percent of Total. This is the calculated percentage BILLING CODE 4120–01–C

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IV. Regulatory Impact Statement Mandates Reform Act of 1995 (Pub. L. net benefits (including potential 104–4), and Executive Order 13132. economic environments, public health We have examined the impact of this We have examined the impact of this and safety, other advantages, rule as required by Executive Order distributive impacts, and equity). We 12866 (September 1993, Regulatory notice as required by Executive Order 12866. Executive Order 12866 directs believe that this notice is consistent Planning and Review), the Regulatory with the regulatory philosophy and Flexibility Act (RFA) (September 16, agencies to assess all costs and benefits of available regulatory alternatives and, principles identified in the Executive 1980, Pub. L. 96–354), section 1102(b) of Order. the Social Security Act, the Unfunded when rules are necessary, to select regulatory approaches that maximize

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The RFA requires agencies to analyze For these reasons, we are not includes a list of Medicare-approved options for regulatory relief of small preparing analyses for either the RFA or carotid stent facilities. businesses. For purposes of the RFA, section 1102(b) of the Act because we Section 1871(c) of the Social Security small entities include small businesses, have determined, and we certify, that Act requires that we publish a list of nonprofit organizations, and this notice will not have a significant Medicare issuances in the Federal government agencies. Most hospitals economic impact on a substantial Register at least every 3 months. and most other providers and suppliers number of small entities or a significant Although we are not mandated to do so are small entities, either by nonprofit impact on the operations of a substantial by statute, for the sake of completeness status or by having revenues of $6 number of small rural hospitals. of the listing, and to foster more open million to $29 million in any one year. In accordance with the provisions of and transparent collaboration efforts, we Individuals and States are not included Executive Order 12866, this notice was are also including all Medicaid in the definition of a small entity; reviewed by the Office of Management issuances and Medicare and Medicaid therefore, this requirement does not and Budget. substantive and interpretive regulations apply. (Section 1102 of the Social Security Act (42 (proposed and final) published during In addition, section 1102(b) of the Act U.S.C. 1302)) this 3-month time frame. requires us to prepare a regulatory (Catalog of Federal Domestic Assistance FOR FURTHER INFORMATION CONTACT: It is impact analysis if a rule may have a Program No. 93.767, State Children’s Health possible that an interested party may significant impact on the operations of Insurance Program) have a specific information need and a substantial number of small rural Dated: April 29, 2005. not be able to determine from the listed hospitals. This analysis must conform to Mark B. McClellan, information whether the issuance or the provisions of section 604 of the regulation would fulfill that need. RFA. For purposes of section 1102(b) of Administrator, Centers for Medicare & Medicaid Services. Consequently, we are providing the Act, we define a small rural hospital Dated: May 11, 2005. information contact persons to answer as a hospital that is located outside of general questions concerning these Michael O. Leavitt, a Metropolitan Statistical Area and has items. Copies are not available through fewer than 100 beds. Secretary. the contact persons. (See Section III of The Unfunded Mandates Reform Act [FR Doc. 05–12521 Filed 6–23–05; 8:45 am] this notice for how to obtain listed of 1995 requires that agencies prepare BILLING CODE 4120–01–P material.) an assessment of anticipated costs and Questions concerning items in benefits before publishing any notice Addendum III may be addressed to that may result in an annual DEPARTMENT OF HEALTH AND Timothy Jennings, Office of Strategic expenditure by State, local, and tribal HUMAN SERVICES Operations and Regulatory Affairs, governments, in the aggregate, or by the Centers for Medicare & Medicaid Centers for Medicare & Medicaid private sector, of $110 million or more Services Services, C4–26–05, 7500 Security (adjusted each year for inflation) in any Boulevard, Baltimore, MD 21244–1850, one year. Since participation in the or you can call (410) 786–2134. SCHIP program on the part of States is [CMS–9028–N] Questions concerning Medicare NCDs voluntary, any payments and Medicare and Medicaid Programs; in Addendum V may be addressed to expenditures States make or incur on Quarterly Listing of Program Patricia Brocato-Simons, Office of behalf of the program that are not Issuances—January Through March Clinical Standards and Quality, Centers reimbursed by the Federal government 2005 for Medicare & Medicaid Services, C1– are made voluntarily. This notice will 09–06, 7500 Security Boulevard, not create an unfunded mandate on AGENCY: Centers for Medicare & Baltimore, MD 21244–1850, or you can States, tribal, or local governments Medicaid Services (CMS), HHS. call (410) 786–0261. because it merely notifies States of their ACTION: Notice. Questions concerning FDA-approved SCHIP allotment for FY 2006. Therefore, Category B IDE numbers listed in we are not required to perform an SUMMARY: This notice lists CMS manual Addendum VI may be addressed to John assessment of the costs and benefits of instructions, substantive and Manlove, Office of Clinical Standards this notice. interpretive regulations, and other and Quality, Centers for Medicare & Low-income children will benefit Federal Register notices that were Medicaid Services, S3–26–10, 7500 from payments under SCHIP through published from January 2005 through Security Boulevard, Baltimore, MD increased opportunities for health March 2005, relating to the Medicare 21244–1850, or you can call (410) 786– insurance coverage. We believe this and Medicaid programs. This notice 6877. notice will have an overall positive provides information on national Questions concerning approval impact by informing States, the District coverage determinations (NCDs) numbers for collections of information of Columbia, and U.S. Territories and affecting specific medical and health in Addendum VII may be addressed to Commonwealths of the extent to which care services under Medicare. Jim Wickliffe, Office of Strategic they are permitted to expend funds Additionally, this notice identifies Operations and Regulatory Affairs, under their child health plans using certain devices with investigational Regulations Development and Issuances their FY 2006 allotments. device exemption (IDE) numbers Group, Centers for Medicare & Medicaid Under Executive Order 13132, we are approved by the Food and Drug Services, C5–14–03, 7500 Security required to adhere to certain criteria Administration (FDA) that potentially Boulevard, Baltimore, MD 21244–1850, regarding Federalism. We have may be covered under Medicare. This or you can call (410) 786–4596. reviewed this notice and determined notice also includes listings of all Questions concerning Medicare- that it does not significantly affect approval numbers from the Office of approved carotid stent facilities may be States’ rights, roles, and responsibilities Management and Budget for collections addressed to Rana A. Hogarth, Office of because it does not set forth any new of information in CMS regulations. Clinical Standards and Quality, Centers policies. Finally, for the first time, this notice for Medicare & Medicaid Services, C1–

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09–06, 7500 Security Boulevard, II. How To Use the Addenda using the IDE numbers the FDA assigns. Baltimore, MD 21244–1850, or you can This notice is organized so that a The listings are organized according to call (410) 786–2112; or to Sarah J. reader may review the subjects of the categories to which the device McClain, Office of Clinical Standards manual issuances, memoranda, numbers are assigned (that is, Category and Quality, Centers for Medicare & substantive and interpretive regulations, A or Category B), and identified by the Medicaid Services, C1–09–06, 7500 NCDs, and FDA-approved IDEs IDE number. • Security Boulevard, Baltimore, MD published during the subject quarter to Addendum VII includes listings of 21244–1850, or you can call (410) 786– determine whether any are of particular all approval numbers from the Office of 2994. interest. We expect this notice to be Management and Budget (OMB) for Questions concerning all other used in concert with previously collections of information in CMS information may be addressed to published notices. Those unfamiliar regulations in title 42; title 45, Gwendolyn Johnson, Office of Strategic with a description of our Medicare subchapter C; and title 20 of the CFR. • Operations and Regulatory Affairs, manuals may wish to review Table I of Addendum VIII includes listings of Regulations Development Group, our first three notices (53 FR 21730, 53 Medicare-approved carotid stent Centers for Medicare & Medicaid FR 36891, and 53 FR 50577) published facilities. All facilities listed meet Services, C5–14–03, 7500 Security in 1988, and the notice published March CMS’s standards for performing carotid Boulevard, Baltimore, MD 21244–1850, 31, 1993 (58 FR 16837). Those desiring artery stenting for high risk patients. or you can call (410) 786–6954. information on the Medicare NCD III. How To Obtain Listed Material Manual (NCDM, formerly the Medicare SUPPLEMENTARY INFORMATION: Coverage Issues Manual (CIM)) may A. Manuals I. Program Issuances wish to review the August 21, 1989, Those wishing to subscribe to publication (54 FR 34555). Those program manuals should contact either The Centers for Medicare & Medicaid interested in the revised process used in the Government Printing Office (GPO) Services (CMS) is responsible for making NCDs under the Medicare or the National Technical Information administering the Medicare and program may review the September 26, Service (NTIS) at the following Medicaid programs. These programs pay 2003, publication (68 FR 55634). addresses: for health care and related services for To aid the reader, we have organized Superintendent of Documents, 39 million Medicare beneficiaries and and divided this current listing into Government Printing Office, ATTN: 35 million Medicaid recipients. eight addenda: • New Orders, P.O. Box 371954, Administration of the two programs Addendum I lists the publication Pittsburgh, PA 15250–7954, Telephone involves (1) furnishing information to dates of the most recent quarterly (202) 512–1800, Fax number (202) 512– Medicare beneficiaries and Medicaid listings of program issuances. • 2250 (for credit card orders); or recipients, health care providers, and Addendum II identifies previous National Technical Information the public and (2) maintaining effective Federal Register documents that Service, Department of Commerce, 5825 communications with regional offices, contain a description of all previously Port Royal Road, Springfield, VA 22161, State governments, State Medicaid published CMS Medicare and Medicaid Telephone (703) 487–4630. agencies, State survey agencies, various manuals and memoranda. In addition, individual manual • Addendum III lists a unique CMS providers of health care, all Medicare transmittals and Program Memoranda transmittal number for each instruction contractors that process claims and pay listed in this notice can be purchased in our manuals or Program Memoranda bills, and others. To implement the from NTIS. Interested parties should and its subject matter. A transmittal may various statutes on which the programs identify the transmittal(s) they want. consist of a single or multiple are based, we issue regulations under GPO or NTIS can give complete details instruction(s). Often, it is necessary to the authority granted to the Secretary of on how to obtain the publications they use information in a transmittal in the Department of Health and Human sell. Additionally, most manuals are conjunction with information currently Services under sections 1102, 1871, available at the following Internet 1902, and related provisions of the in the manuals. • Addendum IV lists all substantive address: http://cms.hhs.gov/manuals/ Social Security Act (the Act). We also default.asp. issue various manuals, memoranda, and and interpretive Medicare and Medicaid statements necessary to administer the regulations and general notices B. Regulations and Notices programs efficiently. published in the Federal Register Regulations and notices are published Section 1871(c)(1) of the Act requires during the quarter covered by this in the daily Federal Register. Interested that we publish a list of all Medicare notice. For each item, we list the— individuals may purchase individual Æ Date published; manual instructions, interpretive rules, Æ Federal Register citation; copies or subscribe to the Federal statements of policy, and guidelines of Æ Parts of the Code of Federal Register by contacting the GPO at the general applicability not issued as Regulations (CFR) that have changed (if address given above. When ordering regulations at least every 3 months in applicable); individual copies, it is necessary to cite the Federal Register. We published our Æ Agency file code number; and either the date of publication or the first notice June 9, 1988 (53 FR 21730). Æ Title of the regulation. volume number and page number. Although we are not mandated to do so • Addendum V includes completed The Federal Register is also available by statute, for the sake of completeness NCDs, or reconsiderations of completed on 24x microfiche and as an online of the listing of operational and policy NCDs, from the quarter covered by this database through GPO Access. The statements, and to foster more open and notice. Completed decisions are online database is updated by 6 a.m. transparent collaboration, we are identified by the section of the NCDM each day the Federal Register is continuing our practice of including in which the decision appears, the title, published. The database includes both Medicare substantive and interpretive the date the publication was issued, and text and graphics from Volume 59, regulations (proposed and final) the effective date of the decision. Number 1 (January 2, 1994) forward. published during the respective 3- • Addendum VI includes listings of Free public access is available on a month time frame. the FDA-approved IDE categorizations, Wide Area Information Server (WAIS)

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through the Internet and via OP_Home/ssact/comp–toc.htm.) The materials, use the CMS publication and asynchronous dial-in. Internet users can remaining portions of CD–ROM are transmittal numbers. For example, to access the database by using the World updated on a monthly basis. find the Medicare NCD publication Wide Web; the Superintendent of Because of complaints about the titled ‘‘Implantable Automatic Documents home page address is unreadability of the Appendices Defibrillators,’’ use CMS–Pub. 100–03, http://www.gpoaccess.gov/fr/ (Interpretive Guidelines) in the State Transmittal No. 29. index.html, by using local WAIS client Operations Manual (SOM), as of March (Catalog of Federal Domestic Assistance software, or by telnet to 1995, we deleted these appendices from Program No. 93.773, Medicare—Hospital swais.gpoaccess.gov, then log in as guest CD–ROM. We intend to re-visit this Insurance, Program No. 93.774, Medicare— (no password required). Dial-in users issue in the near future and, with the Supplementary Medical Insurance Program, should use communications software aid of newer technology, we may again and Program No. 93.714, Medical Assistance and modem to call (202) 512–1661; type be able to include the appendices on Program) swais, then log in as guest (no password CD–ROM. Dated: June 20, 2005. required). Any cost report forms incorporated in Jacquelyn White, C. Rulings the manuals are included on the CD– Director, Office of Strategic Operations and ROM disk as LOTUS files. LOTUS Regulatory Affairs. We publish rulings on an infrequent software is needed to view the reports Addendum I basis. Interested individuals can obtain once the files have been copied to a copies from the nearest CMS Regional personal computer disk. This addendum lists the publication Office or review them at the nearest dates of the most recent quarterly regional depository library. We have, on IV. How To Review Listed Material listings of program issuances. occasion, published rulings in the Transmittals or Program Memoranda December 27, 2002 (67 FR 79109). Federal Register. Rulings, beginning can be reviewed at a local Federal March 28, 2003 (68 FR 15196). with those released in 1995, are Depository Library (FDL). Under the June 27, 2003 (68 FR 38359). available online, through the CMS FDL program, government publications September 26, 2003 (68 FR 55618). Home Page. The Internet address is are sent to approximately 1,400 December 24, 2003 (68 FR 74590). http://cms.hhs.gov/rulings. designated libraries throughout the March 26, 2004 (69 FR 15837). D. CMS’ Compact Disk-Read Only United States. Some FDLs may have June 25, 2004 (69 FR 35634). Memory (CD–ROM) arrangements to transfer material to a September 24, 2004 (69 FR 57312). Our laws, regulations, and manuals local library not designated as an FDL. December 30, 2004 (69 FR 78428). are also available on CD–ROM and may Contact any library to locate the nearest February 25, 2005 (70 FR 9338). be purchased from GPO or NTIS on a FDL. In addition, individuals may contact Addendum II—Description of Manuals, subscription or single copy basis. The Memoranda, and CMS Rulings Superintendent of Documents list ID is regional depository libraries that receive HCLRM, and the stock number is 717– and retain at least one copy of most An extensive descriptive listing of 139–00000–3. The following material is Federal Government publications, either Medicare manuals and memoranda was on the CD–ROM disk: in printed or microfilm form, for use by published on June 9, 1988, at 53 FR • Titles XI, XVIII, and XIX of the Act. the general public. These libraries 21730 and supplemented on September • CMS-related regulations. provide reference services and 22, 1988, at 53 FR 36891 and December • CMS manuals and monthly interlibrary loans; however, they are not 16, 1988, at 53 FR 50577. Also, a revisions. sales outlets. Individuals may obtain complete description of the former CIM • CMS program memoranda. information about the location of the (now the NCDM) was published on The titles of the Compilation of the nearest regional depository library from August 21, 1989, at 54 FR 34555. A brief Social Security Laws are current as of any library. For each CMS publication description of the various Medicaid January 1, 1999. (Updated titles of the listed in Addendum III, CMS manuals and memoranda that we Social Security Laws are available on publication and transmittal numbers are maintain was published on October 16, the Internet at http://www.ssa.gov/ shown. To help FDLs locate the 1992, at 57 FR 47468.

ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS [January Through March 2005]

Transmittal No. Manual/subject/publication No.

Medicare General Information (CMS Pub. 100–01)

15 ...... Review of Contractor Implementation of Change Requests (Replacement for expired CR 944). Review of Contractor Implementation of Change Requests. CR Implementation Report—Summary Page. CR Implementation Report—Details Page. CR Implementation Report—Sample Cover Letter/ Attestation Statement. 16 ...... Standard Terminology for Claims Processing Systems. 17 ...... This Transmittal rescinded and replaced Transmittal 15. 18 ...... Billing for Blood and Blood Products Under the Hospital Outpatient Prospective Payment System. Items Subject to Blood Deductibles. Blood. 19 ...... Revisions to Chapter 5, Section 50 of Publication 100–01 in the Internet Only. Manual to Clarify Current Policy. Home Health Agency Defined. Arrangements by Home Health Agencies.

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Transmittal No. Manual/subject/publication No.

Rehabilitation Centers.

Medicare Benefit Policy (CMS Pub. 100–02)

29 ...... Telehealth Originating Site Facility Fee Payment Amount Update. 30 ...... Policy for Repair and Replacement of Durable Medical Equipment.

Medicare National Coverage Determinations (CMS Pub. 100–03)

27 ...... Infusion Pumps: C-Peptide Levels As A Criterion for Use. 28 ...... Update of Laboratory NCDs to Reference New Screening Benefits. Blood Glucose Testing. Lipid Testing. 29 ...... Implantable Automatic Defibrillators. 30 ...... Coverage of Colorectal Anti-Cancer Drugs Included in Clinical Trials. Anti-Cancer Chemotherapy for Colorectal Cancer (Effective January 28, 2005).

Medicare Claims Processing (CMS Pub. 100–04)

423 ...... January 2005 Update of the Hospital Outpatient Prospective Payment System: Summary of Payment Policy Changes. 424 ...... Implementation of the Annual Desk Review Program for Hospital Wage Data: Cost Reporting Periods Beginning on or After Oc- tober 1, 2001, Through September 30, 2002 (FY 2006 Wage Index). 425 ...... Section 630 of the Medicare Modernization Act allows for the Reimbursement for Ambulance Services Provided by Indian Health Service/Tribal Hospitals, Including Critical Access Hospitals, Which Manage and Operate Hospital-Based Ambulances. General Coverage and Payment Policies. Indian Health Service/Tribal Billing. 426 ...... Modification to Reporting of Diagnosis Codes for Screening Mammography Claims. Healthcare Common Procedure Coding System and Diagnosis Codes for Mammography Services. 427 ...... Revision of Change Request 2928: Implementation of Payment Safeguards for Home Health Prospective Payment System Claims Failing to Report Prior Hospitalizations. Adjustments of Episode Payment—Hospitalization Within 14 Days of Start of Care. 428 ...... Update to Billing Requirements for FDG-Positron Emission Tomography Scans For Use in the Differential Diagnosis of Alz- heimer’s Disease and Fronto-Temporal Dementia and Update to the Fiscal Intermediaries Billing Requirements for Special Payment Procedures for All Positron Emission Tomography Scan. Claims for Services Performed in a Critical Access Hospital. Billing Instructions. Coverage for Positron Emission Tomography Scans for Dementia and Neurodegenerative Disease. 429 ...... Change to the Common Working File Skilled Nursing Facility Consolidated Billing Edits for Critical Access Hospitals That Have Elected Method II Payment Option and Bill Physician Services to Their Fiscal Intermediaries. Physician’s Services and Other Professional Services Excluded From Part A PPS Payment and the Consolidated Billing Re- quirement. 430 ...... Mandatory Assignment for Medicare Modernization Act § 630 Claims. Other Part B Services. Durable Medical Equipment Regional Carrier Drugs. Claims Processing Requirements for Medicare Modernization Act § 630. Claims Processing for Durable Medical Equipment Prosthetic, Orthotics & Supplies and Durable Medical Equipment Regional Carrier Drugs. Enrollment for Durable Medical Equipment Prosthetic, Orthotics & Supplies and Durable Medical Equipment Regional Carrier Drugs. Enrollment and Billing for Clinical Laboratory and Ambulance Services and Part B Drugs. Claims Submission and Processing for Clinical Laboratory and Ambulance Services and Part B Drugs. 431 ...... Updated Skilled Nursing Facility No Pay File for April 2005. 432 ...... Adding an Indicator to the National Claims History to Indicate That Durable Medical Regional Carriers, Carriers, and Fiscal Intermediaries Have Reviewed a Potentially Duplicate Claim. Detection of Duplicate Claims. 433 ...... Issued to a specific audience, not posted to the Internet/Intranet due to the Sensitivity of Instruction. 434 ...... Addition of Clinical Laboratory Improvement Act Edits to Certain Health Care Procedure Coding System Codes for Mohs Sur- gery. 435 ...... This Transmittal has been rescinded and replaced by Transmittal 450. 436 ...... Remittance Advice Remark Code and Claim Adjustment Reason Code Update. 437 ...... Revisions and Corrections to the Medicare Claims Processing Manual, Chapter 6, Section 30 and Various Sections in Chapter 15. Billing Skilled Nursing Facility Prospective Payment System Services General Coverage and Payment Policies. Air Ambulance for Deceased Beneficiary. General Billing Guidelines for Intermediaries and Carriers. Intermediary Guidelines. 438 ...... Fiscal Intermediary Standard Paper Remittance Advice Changes. 439 ...... Modification to the Fiscal Intermediary Standard System Regarding Ambulance Services Billed on 18x and 21x Types of Bill. 440 ...... Updating the Common Working File Editing for Pap Smear (Q0091) and Adding a New Low Risk Diagnosis Code (V72.31) for Pap Smear and Pelvic Examination.

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Transmittal No. Manual/subject/publication No.

Healthcare Common Procedure Coding System Codes for Billing. Diagnoses Codes. Payment Method. Revenue Codes and Healthcare Common Procedure Coding System Codes for Billing. Medicare Summary Notice Messages. Remittance Advice Codes. 441 ...... Viable Medicare Systems Changes to Durable Medical Equipment Regional Carrier Processing of Method II Home Dialysis Claims. 442 ...... Hospital Outpatient Prospective Payment System: Use of Modifiers -52, -73 and -74 for Reduced or Discontinued Services Use of Modifiers. Use of Modifiers for Discontinued Services. 443 ...... This Transmittal is rescinded and replaced by Transmittal 505. 444 ...... Further Information Related to Inpatient Psychiatric Facility Prospective Payment System 445 ...... Payment to Providers/Suppliers Qualified to Bill Medicare for Prosthetics and Certain Custom-Fabricated Orthotics. Provider Billing for Prosthetics and Orthotic Services. 446 ...... Diabetes Screening Tests. 447 ...... Common Working File Editing for Method Selection on Durable Medical Equipment Regional Carrier Claims for EPO and Aranesp Epoetin Alfa Furnished to Home Patients. Darbepoetin Alfa Furnished to Home Patients. 448 ...... Timeframe for Continued Execution of Crossover Agreements and Update on the Transition to the National Coordination of Benefits Agreement Program Crossover Claims Requirements. Fiscal Intermediaries Requirements. Durable Medical Equipment Regional Carrier Requirements. Consolidation of the Claims Crossover Process. Electronic Transmission - General Requirements. ANSI X12N 837 Coordination of Benefit Transaction Fee Collection. Medigap Electronic Claims Transfer Agreements. Intermediary Crossover Claim Requirements. Carrier/Durable Medical Equipment Regional Carrier Crossover Claims Requirements. 449 ...... April Quarterly Update to 2005 Annual Update of Healthcare Common Procedure Coding System Codes Used for Skilled Nurs- ing Facility Consolidated Billing Enforcement 450 ...... Enforcement of Mandatory Electronic Submission of Medicare Claims Failure To Furnish Information Medicare Summary Notice Message. Falta De Information Sometida Medicare Summary Notice Message Enforcement. 451 ...... April 2005 Quarterly Fee Schedule Update for Durable Medical Equipment, Prosthetics, Orhtotics, and Supplies. 452 ...... New Remittance Advice Message for Referred Clinical Diagnostic/ Purchased Diagnostic Service Duplicate Claims. 453 ...... Instructions for Downloading the Medicare Zip Code File. 454 ...... Definitions of Electronic and Paper Claims. Payment Ceiling Standards. 455 ...... This transmittal is rescinded and replaced by Transmittal 509. 456 ...... Independent Laboratory Billing for the Technical Component of Physician. Pathology Services Furnished to Hospital Patients (Supplemental to Change Request 3467) 457 ...... Diabetes Screening Tests. Healthcare Common Procedure Coding System Coding for Diabetes Screening. Carrier Billing Requirements. Modifier Requirements for Pre-Diabetes. Fiscal Intermediary Billing Requirements. Diagnosis Code Reporting. Medicare Summary Notices. Remittance Advice Remark Codes. Claims Adjustment Reason Codes. 458 ...... Hospice Physician Recertification Requirements. Data Required on Claim to Fiscal Intermediaries. 459 ...... Full Replacement of Change Request 3427, Transmittal 342, Issued on October 29, 2004—Change to the Common Working File Skilled Nursing Facility. Consolidated Billing Edits for Ambulance Transports to or From a Diagnostic or Therapeutic Site. Ambulance Services. Skilled Nursing Facility Billing. 460 ...... Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 461 ...... Processing Durable Medical Equipment, Orthotics, Prosthetics, Drugs, and Surgical Dressings Claims for Indian Health Services and Tribally Owned and Operated Hospitals or Hospital Based Facilities Including Critical Access. Hospital. Other Part B Services. Prosthetics and Orthotics. Prosthetic Devices. Surgical Dressings and Splints and Casts. Drugs Dispensed by IHS Hospital-Based or Freestanding Facilities. Claims Processing for Durable Medical Equipment Prosthetics, Orthotics & Supplies.

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Transmittal No. Manual/subject/publication No.

Enrollment for Durable Medical Equipment Prosthetics, Orthotics & Supplies. Claims Submission for Durable Medical Equipment Prosthetics, Orthotics & Supplies. 462 ...... Durable Medical Equipment Regional Carrier Only—Dispensing Fees for Immunosuppressive Drugs. 463 ...... Update to 100–04 and Therapy Code Lists. Healthcare Common Procedure Coding System Coding Requirement. Part B Outpatient Rehabilitation and Comprehensive Outpatient Rehabilitation Facility Services—General. Discipline Specific Outpatient Rehabilitation Modifiers—All Claims. The Financial Limitation. Reporting of Service Units With HCPCS—Form CMS–1500 and Form CMS–1450. 464 ...... Implementation of the Abstract File for Purchased Diagnostic. Test/Interpretations (Supplemental to CR 3481). Payment Jurisdiction Among Local Carriers for Services Paid Under the Physician Fee Schedule and Anesthesia Services. Payment Jurisdiction for Purchased Services. Payment to Physician or Other Supplier for Purchased Diagnostic Tests—Claims Submitted to Carriers. Payment to Supplier of Diagnostic Tests for Purchased Interpretations. 465 ...... Billing Requirements for Physician Services in Method II Critical Access Hospitals. Payment for Inpatient Services Furnished by a Critical Access Hospital. Special Rules for Critical Access Hospital Outpatient Billing. Billing and Payment in a Physician Scarcity Area. 466 ...... Quarterly Update to Correct Coding Initiative Edits, Version 11.1, Effective April 1, 2005. 467 ...... Modifications to Duplicate Editing for Dispensing/Supply Fee Codes for Oral Anti-Cancer, Oral Anti-Emetic, Immunosuppressive and Inhalation Drugs. 468 ...... Appeals Transition—Benefits, Improvement & Protection Act Section 521. Appeals. 469 ...... New Waived Tests—April 1, 2005. 470 ...... Standardization of Fiscal Intermediary Use of Group and Claim Adjustment. Reason Codes and Calculation and Balancing of TS2 and TS3 Segment. Data Elements. 471 ...... This Transmittal is rescinded and replaced by Transmittal 513. 472 ...... Revisions to Payment for Services Provided Under a Contractual Arrangement—Carrier Claims Only. Exceptions to Assignment of Provider’s Right to Payment—Claims Submitted to Fiscal Intermediaries and Carriers. Payment for Services Provided Under a Contractual Arrangement—Carrier Claims Only. 473 ...... Use of 12X Type of Bill for Billing Vaccines and Their Administration Bills Submitted to Fiscal Intermediaries. 474 ...... Coordination of Benefits Agreement Detailed Error Report Notification Process. 475 ...... 1st Update to the 2005 Medicare Physician Fee Schedule Database. 476 ...... Type of Service Corrections. 477 ...... New Case-Mix Adjusted End-Stage Renal Disease Composite Payment Rates And New Composite Rate Exceptions Window for Pediatric End-Stage Renal Disease Facilities. Outpatient Provider-Specific File. Calculation of Case-Mix Adjustment Composite Rate. Required Information for In-Facility Claims Paid Under the Composite Rate. 478 ...... Clarification of the Verification Process to be Used to Determine If the Inpatient Rehabilitation Facility Meets the Inpatient Reha- bilitation Classification Criteria Verification Process To Be Used To Determine If the Inpatient Rehabilitation Facility Met the Classification Criteria. 479 ...... Update to the Healthcare Provider Taxonomy Codes Version 5.0. 480 ...... April 2005 Quarterly Average Sale Price Medicare Part B Drug Pricing File, Effective April 1, 2005, and New January 2005 Quarterly Average Sale Price File. 481 ...... Updated Manual Instructions for the Medicare Claims Processing Manual, Chapter 10. General Guidelines for Processing Home Health Agency Claims. Effect of Election of Medicare Advantage Organization and Eligibility Changes on Home Health Prospective Payment System Episodes. General Guidance on Line Item Billing Under the Home Health Prospective Payment System. Request for Anticipated Payment. Home Health Prospective Payment System Claims. Special Billing Situations Involving Outcome & Assessment Information Set Assessments. Medical and Other Health Services Not Covered Under the Plan of Care (Bill Type 34X). 482 ...... Manualization of Payment Change for Diagnostic Mammography and Diagnostic Computer Aided Detection. Screening Mammography Services. Computer Aided Design Billing Charts. Payment for Screening Mammography Services Provided Prior to January 1, 2002. Payment for Screening Mammography Services Provided On and After January 1, 2002. Outpatient Hospital Mammography Payment Table. Payment for Computer Add-On Diagnostic and Screening Mammograms for Fiscal Intermediaries and Carriers. Mammograms Performed With New Technologies. 483 ...... Hospital Partial Hospitalization Services Billing Requirements. Special Partial Hospitalization Billing Requirements for Hospitals, Community Mental Health Centers, and Critical Access Hos- pitals. Bill Review for Partial Hospitalization Services Provided in Community Mental Health Centers. 484 ...... New Remittance Advice Message for Referred Clinical Diagnostic/Purchased Diagnostic Service Duplicate Claims.

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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [January Through March 2005]

Transmittal No. Manual/subject/publication No.

485 ...... Calculating Payment-to-Cost Ratios for Purposes of Determining Transitional Corridor Payments Under the Outpatient Prospec- tive Payment System. 486 ...... Manualization of Carrier Claims Processing Instructions for Stem Cell Transplantation. Stem Cell Transplantation. General. Healthcare Common Procedure Coding System and Diagnosis Coding. Non-Covered Conditions. Edits. Suggested Medicare Summary Notice and Remittance Advice Messages. 487 ...... Medicare Qualifying Clinical Trials. Chapter 32, Section 69.0—Qualifying Clinical Trials. 488 ...... This Transmittal has been rescinded and replaced by Transmittal 497. 489 ...... Correction to Healthcare Common Procedure Coding System Code A4217. Payment of Durable Medical Equipment Prosthetics, Orthotics & Supplies Items Based on Modifiers. 490 ...... Claims Status Code/Claims Status Category Code Update. Health Care Claims Status Category Codes and Health Care Claims Status Codes for Use With Health Care Claims Status Re- quest and Response ASC X12N 276/277. 491 ...... Issued to a specific audience, not posted to Internet/Intranet due to Confidentiality of Instruction. 492 ...... Adding an Indicator to the National Claims History to Indicate That Durable Medical Equipment Regional Carrier, Carriers and Fiscal Intermediaries Have Reviewed a Potentially Duplicate Claim. Detection of Duplicate Claims. 493 ...... Revision to Chapter 1, and Removal of Section 70 from Chapter 25 of the Medicare Claims Processing Manual. Inpatient Billing From Hospitals and Skilled Nursing Facilities. Submitting Bills in Sequence for a Continuous Inpatient Stay or Course of Treatment. Intermediary Processing of No-Payment Bills. Time Limitations for Filing Provider Claims to Fiscal Intermediaries. Statement of Intent. Filing Request for Payment to Carriers—Medicare Part B. Fiscal Intermediary Consistency Edits. Patient is a Member of a Medicare Advantage Organization for Only a Portion of the Billing Period. Late Charges. Inpatient Part A Hospital Adjustment Bills. 494 ...... April 2005 Outpatient Prospective Payment System Code Editor Specifications Version 6.1. 495 ...... Inpatient Psychiatric Facility Prospective Payment System—Further Clarifications. 496 ...... Billing for Blood and Blood Products Under the Hospital Outpatient Prospective Payment System. When a Provider Paid Under the Outpatient Prospective Payment System Does Not Purchase the Blood or Blood Products That It Procures From a Community Blood Bank, or When a Provider Paid Under the Outpatient Prospective Payment System Does Not Assess a Charge for Blood or Blood Products Supplied by the Provider’s Own Blood Bank Other Than Blood Proc- essing and Storage. When a Provider Paid Under the Outpatient Prospective Payment System Purchases Blood or Blood Products from a Commu- nity Blood Bank or When a Provider Paid Under the Outpatient Prospective Payment System Assesses a Charge for Blood or Blood Products Collected by Its Own Blood Bank That Reflects More Than Blood Processing and Storage. Billing for Autologous Blood (Including Salvaged Blood) and Directed Donor Blood. Billing for Split Unit of Blood. Billing for Irradiation of Blood Products. Billing for Frozen and Thawed Blood and Blood Products. Billing for Unused Blood. Billing for Transfusion Services. Billing for Pheresis and Apheresis Services. Correct Coding Initiative Edits. Blood Products and Drugs Classified in Separate Average Projected Costs for Hospital Outpatients. 497 ...... Billing for Implantable Automatic Defibrillators for Beneficiaries in a Medicare Advantage Plan and Use of the Quarterly Refund Modifier to Identify Patient Registry Participation. 498 ...... Billing of the Diagnosis and Treatment of Peripheral Neuropathy With Loss of Protective Sensation in People With Diabetes. General Billing Requirements. Applicable Healthcare Common Procedure Coding System Codes. Diagnosis Codes. Payment. Applicable Revenue Codes. Editing Instructions for Fiscal Intermediaries. Common Working File General Information. Common Working File Utilization Edits. 499 ...... 2005 Scheduled Release for April Updates to Software Programs and Pricing/Coding Files. 500 ...... Changes to the Laboratory National Coverage Determination Edit. Software for April 2005. 501 ...... Bone Mass Measurements—Procedure Coding. 502 ...... New Contrast Agents Healthcare Common Procedure Coding System Codes. 503 ...... April Update to the Medicare Non-Outpatient Prospective Payment Systems. Outpatient Code Editor Specification Version 20.2. 504 ...... Update to Pub 100–04, Chapter 12, Section 200 of the Internet Only Manual.

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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [January Through March 2005]

Transmittal No. Manual/subject/publication No.

Allergy Testing and Immunotherapy. 505 ...... Unprocessable Unassigned Form CMS–1500 Claims. Incomplete or Invalid Claims Processing Terminology. 506 ...... Updated Manual Instructions for Item 24G (Days or Units), Chapter 26. 507 ...... New Healthcare Common Procedure Coding System for Intravenous Immune Globulin. 508 ...... This Transmittal is rescinded and replaced by Transmittal 514. 509 ...... Number of Drug Pricing Files That Must Be Maintained Online for Medicare—Durable Medical Equipment Regional Carriers Only. Online Pricing Files for Average Sales Price. 510 ...... Update to Fiscal Year 2005 Pricer for IPPS Hospitals. 511 ...... Type of Service Corrections. 512 ...... Coverage of Colorectal Anti-Cancer Drugs Included in Clinical Trials. 513 ...... Infusion Pumps: C-Peptide Levels As a Criterion for Use. 514 ...... April 2005 Update of the Hospital Outpatient Prospective Payment System: Summary of Payment Policy Changes.

Medicare Secondary Payer (CMS Pub. 100–05)

23 ...... Modification to Online Medicare Secondary Payer Questionnaire. Admission Questions to Ask Medicare Beneficiaries. 24 ...... Issued to a specific audience, not posted to Internet/Intranet, due to Sensitivity of Instruction. 25 ...... Update Medicare Secondary Payer Manual Publication 100–05 to reflect Statutory Changes included in the Medicare Mod- ernization Act. General Provisions. Conditional Primary Medicare Benefits. When Conditional Primary Medicare Benefits May Be Paid. When Medicare Secondary Benefits Are Payable and Not Payable. Definitions. Beneficiary’s Rights and Responsibility. Statutory Provisions. No-Fault Insurance. Situations in Which Medicare Secondary Payer Billing Applies. Incorrect Group Health Plan Primary Payments. General Policy. Conditional Primary Medicare Benefits. Conditional Medicare Payment. Medicare Right of Recovery. Conflicting Claims by Medicare and Medicaid. Third Party Payer Refund Requests Served on Medicare. General Operational Instructions. Conditional Primary Medicare Benefits. Existence of Overpayment. 26 ...... Clarification for Change Request (CR) 3267. General Policy. 27 ...... Updates to the Electronic Correspondence Referral System User Guide v8.0 and Quick Reference Card v8.0. Coordination of Benefits Contractor Electronic Correspondence Referral System. Providing Written Documents to the Coordination of Benefits Contractor.

Medicare Financial Management (CMS Pub. 100–06)

55 ...... Reporting Appeals Redetermination Information on Forms CMS–2591 and 2590. 56 ...... Revision to Balancing Requirement on Form 5, Line 10, of the Contractor. Reporting of Operational and Workload Data. 57 ...... Revised Reporting Requirements for Contractor Reporting of Operational Workload Data Health Professional Shortage Area Quarterly Report. 58 ...... Issued to specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 59 ...... Notice of New Interest Rate for Medicare Overpayments and Underpayments. 60 ...... Revised instructions on contractor procedures for provider audit and the Provider. Statistical & Reimbursement Report. Submission of Cost Report Data to CMS. Desk Review Exceptions Resolution Process. Definition of Field Audits. Purpose of Field Audits. Establishing the Objective/Scope of the Field Audit. Audit Confirmation Letter. Entrance Conference. Tests of Internal Control. Designing Tests/Sampling. Pre-Exit Conference. Finalization of Audit Adjustments. Exit Conference.

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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [January Through March 2005]

Transmittal No. Manual/subject/publication No.

Medicare Cost Report and All Related Documents. Qualifications. Internal Quality Control. Final Settlement of the Cost Report. Audit Responsibility When Provider Changes Contractors. Audits of Home Offices. Standards for Issuance of an Audit Report for a Home Office. Provider Permanent File. Contractor Responsibility in Suspected Fraud or Abuse Cases. 61 ...... New Location Code Interstate Commerce Commission, Status Code AR and Modified Intent Letter for Unfiled Cost Reports Only. Recovery of Overpayment Due to Overdue Cost Report. Provider Overpayment Recovery System User Manual. List of Status Codes. Content of Demand Letters-Fiscal Intermediary Serviced Providers. 62 ...... Timeframe for Continued Execution of Crossover Agreements and Updated on the Transition to the National Coordination of Benefits Agreement Program. Coordination of Medicare and Complementary Insurance Programs. 63 ...... Notice of New Interest Rate for Medicare Overpayments and Underpayments. 64 ...... For Fiscal Intermediaries, a New Provider Type 80, Status Code CH, and Method of Recoupment Codes. For Carriers and Du- rable Medical Equipment. Regional Carriers Status Code 2. Provider Overpayment Reporting System User Manual. List of Status Codes. Physician/Supplier Overpayment Reporting System User Manual. 65 ...... Revised Reporting Requirements for Contractor Reporting of Operational Workload Data Physician Scarcity Area Quarterly Re- port (CMS Form—1565F, CROWD Form6). Completing Physician Scarcity Area Quarterly Report Form CMS 1565F, CROWD Form 6. Physician Scarcity Area Quarterly Report, Line Descriptors. Error Descriptors. Checking Reports. 66 ...... Chapter 7, Internal Control Requirements Update. Federal Managers’ Financial Integrity Act of 1982. Federal Managers Financial Integrity Act and the CMS Medicare Contractor Contract. Chief Financial Officers Act of 1990. Office of Management & Budget Circular A–123. General Accounting Office Standards for Internal Controls in the Federal Government. Fundamental Concepts. Control Activities. Monitoring. Risk Assessment. Internal Control Objectives. Fiscal Year 2005 Medicare Control Objectives. Policies and Procedures. Control Activities. Testing Methods. Documentation and Working Papers. Requirements. Certification Statement. Executive Summary. Certification Package for Internal Controls Report of Material Weaknesses. Certification Package for Internal Controls Report of Reportable Conditions. Definitions and Examples of Reportable Conditions and Material Weaknesses. Material Weaknesses Identified During the Fiscal Year. Corrective Action Plans. Submission, Review, and Approval of Corrective Action Plans. Corrective Action Plan Reports. CMS Finding Numbers. Initial Corrective Action Plan Report. Quarterly Corrective Action Plan Report. Entering Data: Initial or Quarterly Corrective Action Plan Report.

Medicare State Operations Manual (CMS Pub. 100–07)

00 ...... None

Medicare Program Integrity (CMS Pub. 100–08))

93 ...... This Transmittal has been rescinded and replaced by Transmittal 102.

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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [January Through March 2005]

Transmittal No. Manual/subject/publication No.

94 ...... Informing Beneficiaries About Which Local Medical Review Policy and/or Local Coverage Determination and/or National Cov- erage. Determination Is Associated With Their Claim Denial. Prepayment Edits. 95 ...... Change in Provider Enrollment Appeals Process. Administrative Appeals. 96 ...... Consent Settlements. Postpayment Review Case Selection. Location of Postpayment Reviews. Re-adjudication of Claims. Calculation of the Correct Payment Amount and Subsequent Over/Underpayment. Notification of Provider(s) or Supplier(s) and Beneficiaries of the Postpayment Review Results. Provider(s) or Supplier(s) Rebuttal(s) of Findings. Evaluation of the Effectiveness of Postpayment Review and Next Steps. Consent Settlement Instructions. Background on Consent Settlement. Opportunity to Submit Additional Information Before Consent Settlement Offer. Consent Settlement Offer. Election to Proceed to Statistical Sampling for Overpayment Estimation. Acceptance of Consent Settlement Offer. Consent Settlement Budget and Performance Requirements for Medicare Contractors. 97 ...... Provider Enrollment and Inpatient Rehabilitation Facility (IRF) Compliance Reviews. 98 ...... Psychotherapy Notes. Additional Documentation Requests During Prepayment or Postpayment Medical Review. 99 ...... Program Integrity Manual Modification—Changes Waivers Approved by the Regional Office by Replacing Regional Office With Central Office. Contractor Medical Director. Benefit Integrity Security Requirements. The Carrier Advisory Committee. 100 ...... Review of Documentation During Medical Review. Additional Documentation Requests During Prepayment or Postpayment Medical Review. Documentation in the Patient’s Medical Records. 101 ...... Benefit Integrity Personal Information Manager Revisions. Sources of Data for Program Safeguard Contractors. Procedural Requirements. Benefit Integrity Security Requirements. Requests for Information From Outside Organizations. Program Safeguard Contractor and Medicare Contractor Coordination With Other Program. Safeguard Contractors and Medicare Contractors. Complaint Screening. Types of Fraud Alerts. Alert Specifications. Editorial Requirements. Coordination. Distribution of Alerts. Information Not Captured in the Fraud Investigation Database. Initial Entry Requirements for Investigations. Designated Program Safe Guard and Medicare Contractor Background Investigation. Unit Staff and the Fraud Investigation Database. Affiliated Contractor and Program Safeguard Contractor Coordination on Voluntary Refunds. Referral of Cases to the Office of the Inspector General/Office of Investigations. Referral to State Agencies or Other Organizations. Civil Monetary Penalties Delegated to Office of the Inspector General. Annual Deceased-Beneficiary Postpayment Review. Vulnerability Report. 102 ...... Medical Review of Rural Air Ambulance Services. ‘‘Reasonable’’ Requests. Emergency Medical Services Protocols. Prohibited Air Ambulance Relationships. Reasonable and Necessary Services. Definition of Rural Air Ambulance Services. 103 ...... Discontinuation of Medical Review Reports—The Medicare Status Report. Report of Benefit Savings, Medicare Focused Medical Review Status Report, and Focused Medical Review Report. 104 ...... Requirement that Medicare Carrier System Not Allow the Re-review of Previously Denied Claims. Contractor Administrative Budget & Financial Management II Reporting for Medical Review Activities. 105 ...... The Medically Unbelievable Edits. 106 ...... Inclusion of Interventional Pain Management Specialists on Carrier Advisory Committee Membership Physicians.

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ADDENDUM III.—MEDICARE AND MEDICAID MANUAL INSTRUCTIONS—Continued [January Through March 2005]

Transmittal No. Manual/subject/publication No.

Medicare Contractor Beneficiary and Provider Communications (CMS Pub. 100–09)

08 ...... Medicare Beneficiary Call Centers Will Begin Offering Preventive Services Information. Promote Medicare Preventive Services.

Medicare Managed Care (CMS Pub. 100–16)

65 ...... Surveys, Contracting Strategy, and Appeals.

Medicare Business Partners Systems Security (CMS Pub. 100–17)

00 ...... None. Demonstrations (CMS Pub. 100–19)

15 ...... Issued to a specific audience, not posted to Internet/Intranet due to the Confidentiality of Instruction 16 ...... Issued to a specific audience, not posted to Internet/Intranet due to the Sensitivity of Instruction. 17 ...... Demonstration Project for Medical Adult Day-Care Services. 18 ...... Demonstration Project to Clarify the Definition of Homebound, the Home Health Independence Demonstration. 19 ...... Issued to a specific audience, not posted to Internet/Intranet due to Sensitivity of Instruction. 20 ...... Full Replacement of CR 3220, Method of Reimbursement for Inpatient Services for Rural Hospital Participating Under Dem- onstration Authorized by Section 410A of the Medicard Modernization Act, CR 3220 Is Rescinded. 21 ...... Full Replacement of CR 3639, Expansion of Coverage for Chiropractic Services Demonstration.

One Time Notification (CMS Pub. 100–20)

134 ...... Revisions to January 2005 Quarterly Average Sales Price Medicare Part B Drug Pricing File. 135 ...... Shared System Maintainer Hours for Resolution of Problems Detected During Health Insurance Portability and Accountability Act Transaction Release Testing. 136 ...... Medlearn Matters Article Related to the Flu Demonstration. 137 ...... Instruction to Contractors Regarding Aged, Pre-settlement Cases and Inter-Contractor Notices. 138 ...... Production of Provider Flat Files, Including Taxpayer Identification Numbers, From the Fiscal Intermediary Standard System, Fi- nancial Master Files. 139 ...... Update to the Evaluation Plan for the CD-Rom Initiative Used in the Mailing of 2005 Annual Participation Enrollment Material. 140 ...... Revisions to January 2005 Quarterly Average Sales Price Medicare Part B Drug Pricing File. 141 ...... Shared System and Common Working File Renovation of Override Code Process (Phase 3). 142 ...... This Transmittal Is Rescinded and Will Not Be Replaced at this Time. 143 ...... Shared System Maintainer Hours to Begin Work and Analysis on the Implementation of the National Provider Identifier—FOR ANALYSIS ONLY. 144 ...... Debt Collection Improvement Act Backlog Non-Medicare Secondary Payor Collections From February 1998 to September 2004. 145 ...... Frequent Hemodialysis Network Payment Changes for Approved Clinical Trial Costs. 146 ...... Appeals Transition—BIPA Section 521 Appeals.

ADDENDUM IV.—REGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTER JANUARY THROUGH MARCH 2005

FR Vol. 70 Publication date page No. CFR parts affected File code Title of regulation

January 19, 2005 ...... 3036 ...... CMS–2230–NC ...... State Children’s Health Insurance Program (SCHIP); Redistribution of Unexpended SCHIP Funds From the Appropriation for Fiscal Year 2002. January 28, 2005 ...... 4588 417 and 422 ...... CMS–4069–F ...... Medicare Program; Establishment of the Medicare Advantage Program. January 28, 2005 ...... 4194 400, 403, 411, 417, and CMS–4068–F ...... Medicare Program; Medicare Prescription Drug Ben- 423. efit. January 28, 2005 ...... 4133 ...... CMS–3150–N ...... Medicare Program; Meeting of the Medicare Cov- erage Advisory Committee—March 29, 2005. January 28, 2005 ...... 4132 ...... CMS–5033–N2 ...... Medicare Program; Meeting of the Advisory Board on the Demonstration of a Bundled Case-Mix Ad- justed Payment System for End-Stage Renal Dis- ease Services. January 28, 2005 ...... 4130 ...... CMS–5037–N ...... Medicare Program; Demonstration of Coverage of Chiropractic Services Under Medicare. January 28, 2005 ...... 4129 ...... CMS–4079–N ...... Medicare Program; Re-Chartering of the Advisory Panel on Medicare Education (APME) and Notice of the APME Meeting—February 24, 2005. February 3, 2005 ...... 5724 412 ...... CMS–1483–P ...... Medicare Program; Prospective Payment System for Long-Term Care Hospitals: Proposed Annual Pay- ment Rate Updates, Policy Changes, and Clari- fication.

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ADDENDUM IV.—REGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTER JANUARY THROUGH MARCH 2005— Continued

FR Vol. 70 Publication date page No. CFR parts affected File code Title of regulation

February 4, 2005 ...... 6526 423 ...... CMS–0011–P ...... Medicare Program; E-Prescribing and the Prescrip- tion Drug Program. February 4, 2005 ...... 6184 400, 405, 410, 412, 413, CMS–3818–P ...... Medicare Program; Conditions for Coverage for 414, 488, and 494. End-Stage Renal Disease Facilities February 4, 2005 ...... 6140 405, 482, and 488 ...... CMS–3835–P ...... Medicare Program; Hospital Conditions of Participa- tion: Requirements for Approval and Re-Approval of Transplant Centers To Perform Organ Trans- plants. February 4, 2005 ...... 6086 413, 441, 486, and 498 ...... CMS–3064–P ...... Medicare and Medicaid Programs; Conditions for Coverage for Organ Procurement Organizations (OPOs). February 4, 2005 ...... 6014 ...... CMS–1366–N ...... Medicare Program; Meeting of the Practicing Physi- cians Advisory Council—March 7, 2005. February 4, 2005 ...... 6013 ...... CMS–1299–N ...... Medicare Program; Monthly Payment Amounts for Oxygen and Oxygen Equipment for 2005, in Ac- cordance with Section 302(c) of the Medicare Prescription Drug, Improvement, and Moderniza- tion Act of 2003. February 4, 2005 ...... 6012 ...... CMS–3155—N ...... Medicare Program; Quality Improvement Organiza- tion Contracts: Solicitation of Statements of Inter- est From In-State Organizations—Alaska, Hawaii, Idaho, Maine, South Carolina, Vermont, and Wyo- ming. February 25, 2005 ..... 9362 ...... CMS–4089–N ...... Medicare Program; Meeting of the Advisory Panel on Medicare Education—March 22, 2005. February 25, 2005 ..... 9360 ...... CMS–4088–N ...... Medicare Program; Part D Reinsurance Payment Demonstration. February 25, 2005 ..... 9358 ...... CMS–1219–N ...... Medicare Program; Changes in Geographical Boundaries of Durable Medical Equipment Re- gional Service Areas. February 25, 2005 ..... 9355 ...... CMS–3119–FN ...... Medicare Program; Procedures for Maintaining Code Lists in the Negotiated National Coverage Determinations for Clinical Diagnostic Laboratory Services. February 25, 2005 ..... 9338 ...... CMS–9025–N ...... Medicare and Medicaid Programs; Quarterly Listing of Program Issuances—October Through Decem- ber 2004. February 25, 2005 ..... 9337 ...... CMS–5011–WN2 ... Medicare and Medicaid Programs; Solicitation of Proposals for the Private, For-Profit Demonstra- tion Project for the Program of All-Inclusive Care for the Elderly (PACE); Cancellation of With- drawal. February 25, 2005 ..... 9336 ...... CMS–1296–N ...... Medicare Program; Request for Nominations to the Advisory Panel on Ambulatory Payment Classi- fication Groups. February 25, 2005 ..... 9232 421 ...... CMS–1219–F ...... Medicare Program; Durable Medical Equipment Re- gional Carrier Service Areas and Related Matters. March 4, 2005 ...... 10746 414 ...... CMS–1325–P ...... Medicare Program; Competitive Acquisition of Out- patient Drugs and Biologicals Under Part B. March 4, 2005 ...... 10645 ...... CMS–4089–N2 ...... Medicare Program; Meeting of Advisory Panel on Medicare Education—March 22, 2005: Location Change. March 8, 2005 ...... 11420 401 and 405 ...... CMS–4064–IFC ..... Medicare Program; Changes to the Medicare Claims Appeal Procedures. March 11, 2005 ...... 12691 ...... CMS–1269–N3 ...... Medicare Program; Emergency Medical Treatment and Labor Act (EMTALA) Technical Advisory Group (TAG) Meeting and Announcement of Members. March 21, 2005 ...... 13401 417 and 422 ...... CMS–4069–F2 ...... Medicare Program; Establishment of the Medicare Advantage Program; Interpretation. March 21, 2005 ...... 13397 400, 403, 411, 417, and CMS–4068–F2 ...... Medicare Program; Medicare Prescription Drug Ben- 423. efit; Interpretation. March 25, 2005 ...... 15394 ...... CMS–4080–N ...... Medicare Program; Recognition of NAIC Model Standards for Regulation of Medicare Supple- mental Insurance. March 5, 2005 ...... 15343 ...... CMS–5033–N3 ...... Medicare Program; Meeting of the Advisory Board on the Demonstration of a Bundled Case-Mix Ad- justed Payment System for End-Stage Renal Dis- ease Services.

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ADDENDUM IV.—REGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTER JANUARY THROUGH MARCH 2005— Continued

FR Vol. 70 Publication date page No. CFR parts affected File code Title of regulation

March 25, 2005 ...... 15341 ...... CMS–3151–N ...... Medicare Program; Meeting of the Medicare Cov- erage Advisory Committee—May 24, 2005. March 25, 2005 ...... 15340 ...... CMS–1297–N ...... Medicare Program; Public Meetings in Calendar Year 2005 for All New Public Requests for Revi- sions to the Healthcare Common Procedures Coding System (HCPS) Coding and Payment De- terminations. March 25, 2005 ...... 15337 ...... CMS–3112–FN ...... Medicare Program; Disapproval of Adjustment in Payment Amounts for New Technology Intra- ocular Lenses Furnished by Ambulatory Surgical Centers. March 25, 2005 ...... 15335 ...... CMS–2256–FN ...... Medicare and Medicaid Programs; Reapproval of the Deeming Authority of the Community Health Accreditation Program (CHAP) for Home Health Agencies. March 25, 2005 ...... 15333 ...... CMS–2208—FN ..... Medicare and Medicaid Programs; Recognition of the American Osteopathic Association (AOA) for Continued Approval of Deeming Authority for Hos- pitals. March 25, 2005 ...... 15331 ...... CMS–2204–FN ...... Medicare and Medicaid Programs; Reapproval of the Deeming Authority of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) for Home Health Agencies. March 25, 2005 ...... 15329 ...... CMS–0014–N ...... Procedures for Non-Privacy Administrative Sim- plification Complaints Under the Health Insurance Portability and Accountability Act of 1996. March 25, 2005 ...... 15324 ...... CMS–2211–N ...... Medicare, Medicaid, and CLIA Programs; Continu- ance of the Approval of the American Society for Histocompatibility and Immunogentics as a CLIA Accreditation Organization. March 25, 2005 ...... 15266 482 ...... CMS–3122–P ...... Medicare and Medicaid Programs; Hospital Condi- tions of Participation: Requirements for History and Physical Examinations; Authentication of Verbal Orders; Securing Medications; and Postanesthesia Evaluations. March 25, 2005 ...... 15265 413, 441, 486, and 498 ...... CMS–3064–N ...... Medicare and Medicaid Programs; Conditions for Coverage for Organ Procurement Organizations (OPOs); Extension of Comment Period. March 25, 2005 ...... 15264 405, 482, and 488 ...... CMS–3835–N ...... Medicare Program; Hospital Conditions of Participa- tion: Requirements for Approval and Re-Approval of Transplant Centers To Perform Organ Trans- plants; Extension of Comment Period. March 25, 2005 ...... 15229 403, 416, 418, 460, 482, CMS–3145–IFC ..... Medicare and Medicaid Programs; Fire Safety Re- 483, and 485. quirements for Certain Health Care Facilities; Amendment.

Addendum V.—National Coverage service covered under this title, or or, in some cases, explain why it was Determinations [January Through determination with respect to the not appropriate to issue an NCD. We March 2005] amount of payment made for a identify completed decisions by the A national coverage determination particular item or service so covered. section of the NCDM in which the (NCD) is a determination by the We include below all of the NCDs that decision appears, the title, the date the Secretary with respect to whether or not were issued during the quarter covered publication was issued, and the a particular item or service is covered by this notice. The entries below effective date of the decision. nationally under Title XVIII of the include information concerning Information on completed decisions as Social Security Act, but does not completed decisions as well as sections well as pending decisions has also been include a determination of what code, if on program and decision memoranda, posted on the CMS Web site at http:// any, is assigned to a particular item or which also announce pending decisions cms.hhs.gov/coverage.

NATIONAL COVERAGE DETERMINATIONS [January Through March 2005]

Title NCDM section TN No. Issue date Effective date

Infusion Pumps: C-Peptide Levels as a Criterion for Use ...... 280.14 ...... R27NCD ...... 02/04/05 12/17/04 Update of Laboratory NCDs to Reference New Screening Benefits ...... 190.20/190.23 .. R28NCD ...... 02/11/05 01/01/05 Implantable Automatic Defibrillators ...... 20.4 ...... R29NCD ...... 03/04/05 01/27/05

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NATIONAL COVERAGE DETERMINATIONS—Continued [January Through March 2005]

Title NCDM section TN No. Issue date Effective date

Anti-Cancer Chemotherapy for Colorectal Cancer ...... 110.17 ...... R30NCD ...... 03/29/05 01/28/05

Addendum VI. FDA-Approved Category IDE Category IDE Category B IDEs [January Through March 2005] G030069. G050022. Under the Food, Drug, and Cosmetic G040051. G050024. Act (21 U.S.C. 360c) devices fall into G040161. G050026. one of three classes. To assist CMS G040166. G050029. under this categorization process, the G040195. G050034. G040196. G050038. FDA assigns one of two categories to G040218. G050043. each FDA-approved IDE. Category A G040219. G050045. refers to experimental IDEs, and G040224. Category B refers to non-experimental G040227. Addendum VII.—Approval Numbers G040228. IDEs. To obtain more information about for Collections of Information the classes or categories, please refer to G040230. G040232. the Federal Register notice published Below we list all approval numbers G040233. for collections of information in the on April 21, 1997 (62 FR 19328). G050001. referenced sections of CMS regulations G050004. The following list includes all in Title 42; Title 45, Subchapter C; and Category B IDEs approved by FDA G050009. G050011. Title 20 of the Code of Federal during the first quarter, January through G050018. Regulations, which have been approved March 2005. G050019. by the Office of Management and G050021. Budget:

OMB control Approved CFR Sections in Title 42, Title 45, and Title 20 (Note: Sections in Title 45 are preceded by ‘‘45 CFR,’’ and sections in Nos. Title 20 are preceded by ‘‘20 CFR’’)

0938–0008 .... 414.40, 424.32, 424.44 0938–0022 .... 413.20, 413.24, 413.106 0938–0023 .... 424.103 0938–0025 .... 406.28, 407.27 0938–0027 .... 486.100–486.110 0938–0033 .... 405.807 0938–0035 .... 407.40 0938–0037 .... 413.20, 413.24 0938–0041 .... 408.6, 408.22 0938–0042 .... 410.40, 424.124 0938–0045 .... 405.711 0938–0046 .... 405.2133 0938–0050 .... 413.20, 413.24 0938–0062 .... 431.151, 435.1009, 440.220, 440.250, 442.1, 442.10–442.16, 442.30, 442.40, 442.42, 442.100–442.119, 483.400–483.480, 488.332, 488.400, 498.3–498.5 0938–0065 .... 485.701–485.729 0938–0074 .... 491.1–491.11 0938–0080 .... 406.7, 406.13 0938–0086 .... 420.200–420.206, 455.100–455.106 0938–0101 .... 430.30 0938–0102 .... 413.20, 413.24 0938–0107 .... 413.20, 413.24 0938–0146 .... 431.800–431.865 0938–0147 .... 431.800–431.865, 493.1405, 493.1411, 493.1417, 493.1423, 493.1443, 493.1449, 493.1455 0938–0151 .... 493.1461, 493.1469, 493.1483, 493.1489 0938–0155 .... 405.2470 0938–0170 .... 493.1269–493.1285 0938–0193 .... 430.10–430.20, 440.167 0938–0202 .... 413.17, 413.20 0938–0214 .... 411.25, 489.2, 489.20 0938–0236 .... 413.20, 413.24 0938–0242 .... 442.30, 488.26 0938–0245 .... 407.10, 407.11 0938–0246 .... 431.800–431.865 0938–0251 .... 406.7 0938–0266 .... 416.41, 416.47, 416.48, 416.83 0938–0267 .... 410.65, 485.56, 485.58, 485.60, 485.64, 485.66 0938–0269 .... 412.116, 412.632, 413.64, 413.350, 484.245 0938–0270 .... 405.376 0938–0272 .... 440.180, 441.300–441.305

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OMB control Approved CFR Sections in Title 42, Title 45, and Title 20 (Note: Sections in Title 45 are preceded by ‘‘45 CFR,’’ and sections in Nos. Title 20 are preceded by ‘‘20 CFR’’)

0938–0273 .... 485.701–485.729 0938–0279 .... 424.5 0938–0287 .... 447.31 0938–0296 .... 413.170, 413.184 0938–0301 .... 413.20, 413.24 0938–0302 .... 418.22, 418.24, 418.28, 418.56, 418.58, 418.70, 418.74, 418.83, 418.96, 418.100 0938–0313 .... 489.11, 489.20 0938–0328 .... 482.12, 482.13, 482.21, 482.22, 482.27, 482.30, 482.41, 482.43, 482.45, 482.53, 482.56, 482.57, 482.60, 482.61, 482.62, 482.66, 485.618, 485.631 0938–0334 .... 491.9, 491.10 0938–0338 .... 486.104, 486.106, 486.110 0938–0354 .... 441.60 0938–0355 .... 442.30, 488.26 0938–0357 .... 409.40–409.50, 410.36, 410.170, 411.4–411.15, 421.100, 424.22, 484.18, 489.21 0938–0358 .... 412.20–412.30 0938–0359 .... 412.40–412.52 0938–0360 .... 488.60 0938–0365 .... 484.10, 484.11, 484.12, 484.14, 484.16, 484.18, 484.20, 484.36, 484.48, 484.52 0938–0372 .... 414.330 0938–0378 .... 482.60–482.62 0938–0379 .... 442.30, 488.26 0938–0382 .... 442.30, 488.26 0938–0386 .... 405.2100–405.2171 0938–0391 .... 488.18, 488.26, 488.28 0938–0426 .... 476.104, 476.105, 476.116, 476.134 0938–0429 .... 447.53 0938–0443 .... 473.18, 473.34, 473.36, 473.42 0938–0444 .... 1004.40, 1004.50, 1004.60, 1004.70 0938–0445 .... 412.44, 412.46, 431.630, 456.654, 466.71, 466.73, 466.74, 466.78 0938–0447 .... 405.2133 0938–0448 .... 405.2133, 45 CFR 5, 5b; 20 CFR parts 401, 422E 0938–0449 .... 440.180, 441.300–441.310 0938–0454 .... 424.20 0938–0456 .... 412.105 0938–0463 .... 413.20, 413.24, 413.106 0938–0467 .... 431.17, 431.306, 435.910, 435.920, 435.940–435.960 0938–0469 .... 417.126, 422.502, 422.516 0938–0470 .... 417.143, 417.800–417.840, 422.6 0938–0477 .... 412.92 0938–0484 .... 424.123 0938–0501 .... 406.15 0938–0502 .... 433.138 0938–0512 .... 486.304, 486.306, 486.307 0938–0526 .... 475.102, 475.103, 475.104, 475.105, 475.106 0938–0534 .... 410.38, 424.5 0938–0544 .... 493.1–493.2001 0938–0564 .... 411.32 0938–0565 .... 411.20–411.206 0938–0566 .... 411.404, 411.406, 411.408 0938–0573 .... 412.230, 412.256 0938–0578 .... 447.534 0938–0581 .... 493.1–493.2001 0938–0599 .... 493.1–493.2001 0938–0600 .... 405.371, 405.378, 413.20 0938–0610 .... 417.436, 417.801, 422.128, 430.12, 431.20, 431.107, 434.28, 483.10, 484.10, 489.102 0938–0612 .... 493.801, 493.803, 493.1232, 493.1233, 493.1234, 493.1235, 493.1236, 493.1239, 493.1241, 493.1242, 493.1249, 493.1251, 493.1252, 493.1253, 493.1254, 493.1255, 493.1256, 493.1261, 493.1262, 493.1263, 493.1269, 493.1273, 493.1274, 493.1278, 493.1283, 493.1289, 493.1291, 493.1299 0938–0618 .... 433.68, 433.74, 447.272 0938–0653 .... 493.1771, 493.1773, 493.1777 0938–0657 .... 405.2110, 405.2112 0938–0658 .... 405.2110, 405.2112 0938–0667 .... 482.12, 488.18, 489.20, 489.24 0938–0679 .... 410.38 0938–0685 .... 410.32, 410.71, 413.17, 424.57, 424.73, 424.80, 440.30, 484.12 0938–0686 .... 493.551–493.557 0938–0688 .... 486.304, 486.306, 486.307, 486.310, 486.316, 486.318, 486.325 0938–0690 .... 488.4–488.9, 488.201 0938–0691 .... 412.106 0938–0692 .... 466.78, 489.20, 489.27 0938–0701 .... 422.152 0938–0702 .... 45 CFR 146.111, 146.115, 146.117, 146.150, 146.152, 146.160, 146.180 0938–0703 .... 45 CFR 148.120, 148.124, 148.126, 148.128

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OMB control Approved CFR Sections in Title 42, Title 45, and Title 20 (Note: Sections in Title 45 are preceded by ‘‘45 CFR,’’ and sections in Nos. Title 20 are preceded by ‘‘20 CFR’’)

0938–0714 .... 411.370–411.389 0938–0717 .... 424.57 0938–0721 .... 410.33 0938–0723 .... 421.300–421.318 0938–0730 .... 405.410, 405.430, 405.435, 405.440, 405.445, 405.455, 410.61, 415.110, 424.24 0938–0732 .... 417.126, 417.470 0938–0734 .... 45 CFR 5b 0938–0739 .... 413.337, 413.343, 424.32, 483.20 0938–0742 .... 422.300–422.312 0938–0749 .... 424.57 0938–0753 .... 422.000–422.700 0938–0754 .... 441.151, 441.152 0938–0758 .... 413.20, 413.24 0938–0760 .... Part 484 subpart E, 484.55 0938–0761 .... 484.11, 484.20 0938–0763 .... 422.1–422.10, 422.50–422.80, 422.100–422.132, 422.300–422.312, 422.400–422.404, 422.560–422.622 0938–0770 .... 410.2 0938–0778 .... 422.64, 422.111 0938–0779 .... 417.126, 417.470, 422.64, 422.210 0938–0781 .... 411.404–411.406, 484.10 0938–0786 .... 438.352, 438.360, 438.362, 438.364 0938–0787 .... 406.28, 407.27 0938–0790 .... 460.12, 460.22, 460.26, 460.30, 460.32, 460.52, 460.60, 460.70, 460.71, 460.72, 460.74, 460.80, 460.82, 460.98, 460.100, 460.102, 460.104, 460.106, 460.110, 460.112, 460.116, 460.118, 460.120, 460.122, 460.124, 460.132, 460.152, 460.154, 460.156, 460.160, 460.164, 460.168, 460.172, 460.190, 460.196, 460.200, 460.202, 460.204, 460.208, 460.210 0938–0792 .... 491.8, 491.11 0938–0798 .... 413.24, 413.65, 419.42 0938–0802 .... 419.43 0938–0818 .... 410.141, 410.142, 410.143, 410.144, 410.145, 410.146, 414.63 0938–0829 .... 422.568 0938–0832 .... Parts 489 and 491 0938–0833 .... 483.350–483.376 0938–0841 .... 431.636, 457.50, 457.60, 457.70, 457.340, 457.350, 457.431, 457.440, 457.525, 457.560, 457.570, 457.740, 457.750, 457.810, 457.940, 457.945, 457.965, 457.985, 457.1005, 457.1015, 457.1180 0938–0842 .... 412.23, 412.604, 412.606, 412.608, 412.610, 412.614, 412.618, 412.626, 413.64 0938–0846 .... 411.352–411.361 0938–0857 .... Part 419 0938–0860 .... Part 419 0938–0866 .... 45 CFR part 162 0938–0872 .... 413.337, 483.20 0938–0873 .... 422.152 0938–0874 .... 45 CFR parts 160 and 162 0938–0878 .... Part 422 subpart F & G 0938–0883 .... 45 CFR parts 160 and 164 0938–0884 .... 405.940 0938–0887 .... 45 CFR 148.316, 148.318, 148.320 0938–0897 .... 412.22, 412.533 0938–0907 .... 412.230, 412.304, 413.65 0938–0910 .... 422.620, 422.624, 422.626 0938–0911 .... 426.400, 426.500 0938–0916 .... 483.16 0938–0920 .... 438.6, 438.8, 438.10, 438.12, 438.50, 438.56, 438.102, 438.114, 438.202, 438.206, 438.207, 438.240, 438.242, 438.402, 438.404, 438.406, 438.408, 438.410, 438.414, 438.416, 438.710, 438.722, 438.724, 438.810 0938–0921 .... 414.804 0938–0931 .... 45 CFR part 142.408, 162.408, and 162.406 0938–0933 .... 438.50 0938–0934 .... 403.766 0938–0936 .... 423 0938–0940 .... 484 and 488 0938–0944 .... 422.250, 422.252, 422.254, 422.256, 422.258, 422.262, 422.264, 422.266, 422.270, 422.300, 422.304, 422.306, 422.308, 422.310, 422.312, 422.314, 422.316, 422.318, 422.320, 422.322, 422.324, 423.251, 423.258, 423.265, 423.272, 423.279, 423.286, 423.293, 423.301, 423.308, 423.315, 423.322, 423.329, 423.336, 423.343, 423.346, 423.350

Addendum VIII—Medicare-Approved artery stenting with embolic protection created a list of minimum standards for Carotid Stent Facilities (January is reasonable and necessary only if facilities modeled in part on Through March 2005) performed in facilities that have been professional society statements on determined to be competent in competency. All facilities must at least On March 17, 2005, we issued our performing the evaluation, procedure, meet our standards in order to receive decision memorandum on carotid artery and follow-up necessary to ensure coverage for carotid artery stenting for stenting. We determined that carotid optimal patient outcomes. We have high risk patients.

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Facility Provider No. Effective date

1. Advocate Christ Medical Center, 4440 West 95th Street, Oak Lawn, IL 60453 ...... 140208 05/03/2005 2. Advocate Lutheran General Hospital, 1775 Dempster Street, Park Ridge, IL 60068 ...... 140223 05/05/2005 3. Aiken Regional Medical Centers, 302 University Parkway, P.O. Drawer 1117, Aiken, SC 29802–1117 ...... 420082 05/10/2005 4. Akron General Medical Center, 400 Wabash Avenue, Akron, OH 44266 ...... 360027 05/16/2005 5. Albany Medical Center Hospital, 43 New Scotland Avenue, Albany, NY 12208 ...... 330013 05/16/2005 6. Alexian Brothers Medical Center, 800 W. Biesterfied Road, Elk Grove Village, IL 60007 ...... 140258 04/18/2005 7. Allegheny General Hospital, 320 East North Avenue, Pittsburgh, PA 15212–4772 ...... 390050 05/11/2005 8. Arizona Heart Hospital, 1930 E. Thomas Road, Phoenix, AZ 85016 ...... 030102 04/18/2005 9. Aspirus Wausau Hospital, Inc, 333 Pine Ridge Boulevard, Wausau, WI 54401 ...... 520030 05/10/2005 10. Aurora Sinai Medical Center, 945 N. 12th Street, Milwaukee, WI 53201 ...... 520064 05/03/2005 11. Avera Heart Hospital of South Dakota, 4500 West 69th Street, Sioux Falls, SD 57108 ...... 430095 05/05/2005 12. Bakersfield Heart Hospital, 3001 Sillect Avenue, Bakersfield, CA 93308 ...... 050724 05/25/2005 13. Bakersfield Memorial Hospital, 420 34th Street, Bakersfield, CA 93301 ...... 050036 05/23/2005 14. The Baldwin County Eastern Shore Health Care Authority, d/b/a Thomas Hospital, 750 Morphy Avenue, Fairhope, AL 36532 ...... 010100 04/07/2005 15. Banner Good Samaritan Medical Center, 1111 E. McDowell Road, Phoenix, AZ 85006 ...... 030002 05/23/2005 16. Baptist Hospital East, 4000 Kresge Way, Louisville, KY 40207 ...... 180130 04/12/2005 17. Baptist Hospital of East Tennessee, 137 Blount Avenue, Knoxville, TN 37920 ...... 440019 04/12/2005 18. Baptist Hospital-Pensacola, 1000 West Moreno Street, Post Office Box 17500, Pensacola, FL 32522–7500 100093 04/27/2005 19. Baptist Medical Center, 1225 North State Street, Jackson, MS 39202 ...... 250102 05/05/2005 20. Baptist Medical Center South, 2105 East South Boulevard, P.O. Box 11010, Montgomery, AL 36111–0010 010023 04/20/2005 21. Baptist Memorial Hospital, 6019 Walnut Grove Road, Memphis, TN 38120 ...... 440048 04/18/2005 22. Baptist Memorial Hospital-DeSoto, 7601 Southcrest Parkway, Southaven, MS 38671 ...... 250141 05/05/2005 23. Baptist Montclair Medical Center, 800 Montclair Road, Birmingham, AL 35213 ...... 010104 04/26/2005 24. Barnes-Jewish Hospital, One Barnes-Jewish Hospital Plaza, St. Louis, MO 63110 ...... 260032 05/05/2005 25. Bay Medical Center, 615 North Bonita Avenue, Panama City, FL 32401 ...... 100026 05/23/2005 26. Baystate Medical Center, 759 Chestnut Street, Springfield, MA 01199 ...... 220077 05/16/2005 27. Benefis Healthcare, 1101 26th Street South, Great Falls, MT 59405 ...... 270012 05/26/2005 28. Bethesda Hospital, 10500 Montgomery Road, Cincinnati, OH 45242–9508 ...... 360179 05/05/2005 29. Blanchard Valley Regional Health Center, 145 West Wallace Street, Findlay, OH 45840 ...... 360095 05/26/2005 30. Borgess Medical Center, 1521 Gull Road, Kalamazoo, MI 49048 ...... 020117 04/12/2005 31. Bon Secours St. Mary’s Hospital, 5801 Bremo Road, Richmond, VA 23226 ...... 490059 04/01/2005 32. Brigham and Women’s Hospital, 75 Francis Street, Boston, MA 02115 ...... 220110 05/16/2005 33. Caritas St. Elizabeth’s Medical Center, 736 Cambridge Street, Boston, MA 02135–2997 ...... 220036 04/26/2005 34. Cascade Healthcare Community, Dba: St Charles Medical Center Bend, 2500 NE. Neff Road, Bend, OR 97701 ...... 380040 05/03/2005 35. Central Baptist Hospital, 1740 Nicholasville Road, Lexington, KY 40503 ...... 180103 04/27/2005 36. Central Dupage Hospital, 25 North Winfield Road, Winfield, IL 60190 ...... 140242 05/26/2005 37. Central Georgia Health Systems, dba The Medical Center of Central Georgia, 777 Hemlock Street, Macon, GA 31208 ...... 110107 05/11/2005 38. Charleston Area Medical Center, 3200 MacCorkle Avenue, SE, Charleston, WV 25304 ...... 510022 04/27/2005 39. Charlotte Regional Medical Center, 809 East Marion Avenue, Punta Gorda, FL 33950 ...... 100047 05/11/2005 40. [The] Christ Hospital, 2139 Auburn Avenue, Cincinnati, OH 45219 ...... 360163 05/26/2005 41. Christiana Care Health Services, 4755 Ogletown-Stanton Road, P.O. Box 6001, Newark, DE 19718–6001 080001 05/23/2005 42. CHRISTUS St. Frances Cabrini Hospital, 3330 Masonic Drive, Alexandria, LA 71301 ...... 190019 04/18/2005 43. CJW Medical Center, Chippenham Hospital, 7101 Jahnke Road, Richmond, VA 23225 ...... 490112 05/03/2005 44. Clarian Health Partners, Inc, I–65 at 21st Street, P.O. Box 1367, Indianapolis, IN 46206–1367 ...... 150056 05/23/2005 45. Clear Lake Regional Medical Center, 500 Medical Center Blvd, Webster, TX 77598 ...... 450617 04/01/2005 46. The Cleveland Clinic Foundation, 9500 Euclid Avenue, Cleveland, OH 44195 ...... 360180 04/12/2005 47. College Station Medical Center, 1604 Rock Prairie Road, College Station, TX 77845 ...... 450299 05/25/2005 48. Community Health Partners, 3700 Kolbe Road, Lorain, OH 44053–1697 ...... 360172 05/23/2005 49. Dartmouth Hitchcock Medical Center, One Medical Center Drive, Lebanon, NH 03756 ...... 300003 04/27/2005 50. Deaconess Medical Center, PO Box 248, Spokane, WA 99210–0248 ...... 500044 05/10/2005 51. Doylestown Hospital, 595 West State Street, Doylestown, PA 18901 ...... 390203 04/27/2005 52. Eastern Maine Medical Center, 489 State Street, P.O. Box 404, Bangor, ME 04402–404 ...... 200033 04/18/2005 53. El Camino Hospital, 2500 Grant Road, P.O. Box 7025, Mountain View, CA 94039–7025 ...... 050308 05/10/2005 54. Eliza Coffee Memorial Hospital, P.O. Box 818, Florence, AL 35631 ...... 010006 05/05/2005 55. EMH Regional Medical Center, 630 East River Street, Elyria, OH 44035 ...... 360145 05/23/2005 56. Emory Crawford Long Hospital, 550 Peachtree Street, NE, Atlanta, GA 30308–2225 ...... 110078 05/16/2005 57. Emory University Hospital, 1364 Clifton Road, NE, Atlanta, GA 30322 ...... 110010 04/04/2005 58. Erlanger Health System, 975 East Third Street, Chattanooga, TN 37403 ...... 440104 05/23/2005 59. Evanston Hospital, 2650 Ridge Avenue, Evanston, IL 60201 ...... 140010 03/30/2005 60. Exempla St. Joseph Hospital, 1835 Franklin Street, Denver, CO 80218–1191 ...... 060009 05/10/2005 61. Fletcher Allen Health Care, Medical Center Campus, 111 Colchester Avenue, Burlington, VT 05401–1473 470003 05/26/2005 62. Forsyth Medical Center, 3333 Silas Creek Parkway, Winston Salem, NC 27103 ...... 340014 04/20/2005 63. Fort Sanders Regional Medical Center, 1901 W. Clinch Avenue, Knoxville, TN 37916–2398 ...... 440125 05/11/2005 64. Fort Walton Beach Medical Center, 1000 Mar Walt Drive, Fort Walton Beach, FL 32547 ...... 100223 04/14/2005 65. Fresno Heart Hospital, 15 E. Audubon Drive, Fresno, CA 93720 ...... 050732 04/26/2005 66. Fountain Valley Regional Hospital and Medical Center, 17100 Euclid Street, P.O. Box 8010, Fountain Val- ley, CA 92708 ...... 050570 04/26/2005 67. Galichia Heart Hospital, 2610 N. Woodlawn, Wichita, KS 67220–2729 ...... 170192 05/16/2005 68. Geisinger Medical Center, 100 North Academy Avenue, Danville, PA 17822 ...... 390006 05/05/2005 69. Geisinger Wyoming Valley Medical Center, 1000 East Mountain Boulevard, Wilkes-Barre, PA 18711 ...... 390270 05/05/2005 70. Good Samaritan Hospital, 1225 Wilshire Boulevard, Los Angeles, CA 90017 ...... 050471 04/12/2005

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Facility Provider No. Effective date

71. Good Samaritan Hospital, 2425 Samaritan Drive, San Jose, CA 95124 ...... 050380 04/12/2005 72. Good Samaritan Hospital, 255 Lafayette Avenue, Suffern, NY 10901 ...... 330158 04/27/2005 73. Good Samaritan Hospital, 2222 Philadelphia Drive, Dayton, OH 45406–1891 ...... 360052 05/25/2005 74. Good Samaritan Hospital, 375 Dixmyth Avenue, Cincinnati, OH 45220–489 ...... 360134 04/18/2005 75. Grandview Hospital and Medical Center, 405 Grand Avenue, Dayton, OH 45405 ...... 360133 05/05/2005 76. Greater Baltimore Medical Center, 6701 N. Charles Street, Baltimore, MD 21204 ...... 210044 05/11/2005 77. Hackensack University Medical Center, 30 Prospect Avenue, Hackensack, NJ 07601 ...... 310001 04/27/2005 78. Hahnemann University Hospital/Tenet, 230 N. Broad Street, Mailstop 119, Philadelphia, PA 19102–1192 .. 390290 05/10/2005 79. Hamot Medical Center, 201 State Street, Erie, PA 16550 ...... 390063 05/05/2005 80. Harbor-UCLA Medical Center, 1000 West Carson Street, Torrance, CA 90502 ...... 050376 04/12/2005 81. Harper-Hutzel Hospital, 3990 John R Street, Detroit, MI 48201 ...... 230104 04/19/2005 82. Harris Methodist Fort Worth Hospital, 1301 Pennsylvania Avenue, Fort Worth, TX 76104 ...... 450135 04/20/2005 83. Harris Methodist HEB, 1600 Hospital Parkway, Bedford, TX 76022 ...... 450639 05/16/2005 84. Hartford Hospital, 80 Seymour Street, P.O. Box 5037, Hartford, CT 06102–5037 ...... 070025 05/23/2005 85. Hays Medical Center, 2220 Canterbury Road, Hays, KS 67601 ...... 170013 05/23/2005 86. Hennepin County Medical Center, 701 Park Avenue, Minneapolis, MN 55415–1829 ...... 240004 05/16/2005 87. Hialeah Hospital, 651 East 25th Street, Hialeah, FL 33013 ...... 100053 05/05/2005 88. High Point Regional Health System, 601 North Elm Street, P.O. Box HP–5, High Point, NC 27261 ...... 340004 05/16/2005 89. Hillcrest Hospital, 6780 Mayfield Road, Mayfield Hts., OH 44124 ...... 360230 05/16/2005 90. Hoag Memorial Hospital Presbyterian, One Hoag Drive, Newport Beach, CA 92663 ...... 050224 04/04/2005 91. Hospital of the University of Pennsylvania, 3400 Spruce Street, Philadelphia, PA 19104 ...... 390111 05/23/2005 92. Hunterdon Medical Center, 2100 Wescott Drive, Flemington, NJ 08822 ...... 310005 04/12/2005 93. Huntington Hospital, 100 W. California Boulevard, P.O. Box 7013, Pasadena, CA 91109–7013 ...... 050438 05/05/2005 94. Iowa Methodist Medical Center, 1200 Pleasant Street, Des Moines, IA 50309 ...... 160082 04/18/2005 95. Irvine Regional Hospital & Medical Center, 16200 Sand Canyon Avenue, Irvine, CA 92618 ...... 050693 05/10/2005 96. Jewish Hospital, 200 Abraham Flexner Way, Louisville, KY 40202 ...... 180040 04/12/2005 97. John Muir Medical Center, 1601 Ygnacio Valley Road, Walnut Creek, CA 94598–3194 ...... 050180 05/10/2005 98. Jupiter Medical Center, 1210 S. Old Dixie Hwy, Jupiter, FL 33458 ...... 100253 04/20/2005 99. Kaleida Health, Millard Fillmore Hospital, 3 Gates Circle, Buffalo, NY 14209 ...... 330005 05/03/2005 100. Kansas Heart Hospital, 3601 N. Webb Road, Wichita, KS 67226 ...... 170186 05/23/2005 101. Kent Hospital, 455 Toll Gate Road, Warwick, RI 02886 ...... 410009 04/20/2005 102. Kettering Medical Center, 3535 Southern Blvd, Kettering, OH 45429 ...... 360079 05/05/2005 103. King’s Daughters Medical Center, 2201 Lexington Avenue, Ashland, KY 41101 ...... 180009 05/23/2005 104. Lakeland Hospital, 1234 Napier Avenue, St. Joseph, Mi 49085 ...... 230021 04/04/2005 105. Lakeland Regional Medical Center, 1324 Lakeland Hills Boulevard, Lakeland, FL 33805 ...... 100157 05/25/2005 106. Lakeview Regional Medical Center, 95 E. Fairway Drive, Covington, LA 70433 ...... 190177 05/03/2005 107. Lawnwood Medical Center, Inc, d/b/a Lawnwood Regional Medical Center and Heart Institute, 1700 South 23rd Street, Fort Pierce, FL 34950 ...... 100246 04/20/2005 108. LDS Hospital, 8th Avenue and C Street, Salt Lake City, UT 84143 ...... 460010 04/20/2005 109. Lee’s Summit Hospital, 530 NW. Murray Road, Lee’s Summit, MO 64081 ...... 260190 05/17/2005 110. Lenox Hill Hospital, 100 East 77 Street, New York, NY 10021 ...... 330119 05/16/2005 111. Los Alamitos Medical Center, 3751 Katella Avenue, Los Alamitos, CA 90720 ...... 050551 05/23/2005 112. Los Robles Hospital and Medical Center, 215 West Janss Road, Thousand Oaks, CA 91360 ...... 050549 05/16/2005 113. Louisiana Heart Hospital, 64030 Louisiana Highway 434, Lacombe, LA 70445 ...... 190250 04/01/2005 114. Lourdes Vascular Center, Lourdes Hospital, 1530 Lone Oak Road, Paducah, KY 42003 ...... 180102 03/30/2005 115. Loyola University Medical Center, 2160 South First Avenue, Maywood, IL 60153 ...... 140276 05/05/2005 116. Lutheran Hospital of Indiana, 7950 West Jefferson Boulevard, Fort Wayne, IN 46804 ...... 150017 04/18/2005 117. Maricopa Integrated Health System, Maricopa Medical Center, Cardiac Catheterization Laboratory, 2601 E. Roosevelt, Phoenix, AZ 85008 ...... 032595 05/23/2005 118. Martha Jefferson Hospital, 459 Locust Avenue, Charlottesville, VA 22902 ...... 490077 04/07/2005 119. Mary Greeley Medical Center, 1111 Duff Avenue, Ames, IA 50010 ...... 160030 03/30/2005 120. Massachusetts General Hospital, 55 Fruit Street, Boston, MA 02114 ...... 220071 05/03/2005 121. Mayo Clinic Hospital, 5777 East Mayo Boulevard, Phoenix, AZ 85054 ...... 030103 05/23/2005 122. Medical Center of Plano, 3901 West 15th Street, Plano, TX 75075 ...... 450651 05/16/2005 123. Medical College of Ohio, 3000 Arlington Avenue, Toledo, OH 43614 ...... 360048 04/27/2005 124. Medical University of South Carolina Hospital Authority, 169 Ashley Avenue, PO Box 250347, Charleston, SC 29425 ...... 420004 05/26/2005 125. Memorial Hospital Jacksonville, 3625 University Boulevard, South, Jacksonville, FL 32216 ...... 100179 04/27/2005 126. Memorial Medical Center, 2700 Napoleon Ave, New Orleans, LA 70115 ...... 190135 05/16/2005 127. Mercy Health Center, 4300 West Memorial Road, Oklahoma City, OK 73120–8304 ...... 370013 04/12/2005 128. Mercy Hospital, 500 E. Market Street, Iowa City, IA 52245 ...... 160029 05/05/2005 129. Mercy Hospital Fairfield, 3000 Mack Road, Fairfield, OH 45014 ...... 360056 05/17/2005 130. Mercy Hospital and Medical Center, 2525 South Michigan Avenue, Chicago, IL 60616 ...... 140158 05/05/2005 131. Mercy Medical Center, 701 10th Street SE, Cedar Rapids, IA 52403 ...... 160079 04/07/2005 132. Mercy Medical Center, 1111 6th Avenue, Des Moines, IA 50314 ...... 160083 04/12/2005 133. Mercy Medical Center, 301 St. Paul Place, Baltimore, MD 21202 ...... 210008 05/25/2005 134. Methodist Hospital, 300 West Huntington Drive, P.O. Box 60016, Arcadia, CA 91066–6016 ...... 050238 04/12/2005 135. Methodist Medical Center of Oak Ridge, 990 Oak Ridge Turnpike, Oak Ridge, TN 37830 ...... 440034 05/03/2005 136. Mid Michigan Medical Center-Midland, 4005 Orchard Drive, Midland, MI 48670 ...... 230222 05/10/2005 137. Missouri Baptist Medical Center, 3015 N. Ballas Road, St. Louis, MO 63131 ...... 260108 05/23/2005 138. Morton Plant Hospital, 300 Pinellas Street, Clearwater, FL 33756 ...... 100127 05/16/2005 139. Moses H. Cone Memorial Hospital, 1200 N. Elm Street, Greensboro, NC 27401 ...... 340091 04/18/2005 140. Mount Carmel St. Ann’s Hospital, 500 South Cleveland Avenue, Westerville, OH 43081–8998 ...... 360012 05/25/2005 141. Mount Diablo Medical Center, 2540 East Street, PO Box 4110, Concord, CA 94524–4110 ...... 050496 05/10/2005

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Facility Provider No. Effective date

142. [The] Mount Sinai Hospital, 1 Gustave L. Levy Place, New York, NY 10029 ...... 330024 05/26/2005 143. Mount Sinai Medical Center, 4300 Alton Road, Miami Beach, FL 33140 ...... 100034 04/07/2005 144. Mountain View Regional Medical Center, 4311 E. Lohman Avenue, Las Cruces, NM 88011 ...... 320085 04/26/2005 145. Munroe Regional Medical Center, 1500 SW. 1st Avenue, Ocala, FL 34474 ...... 100062 05/23/2005 146. New York Presbyterian Hospital, 161 Ft. Washington Avenue, HIP1412, New York, NY 10032 ...... 330101 05/05/2005 147. Norman Regional Hospital, 901 North Porter, Box 1308, Norman, OK 73070–1308 ...... 370008 05/23/2005 148. North Austin Medical Center, 12221 MoPac Expressway North, Austin, TX 78758 ...... 450809 04/12/2005 149. North Florida Regional Medical Center, 6500 Newberry Road, Gainesville, FL 32605 ...... 100204 04/19/2005 150. North Memorial Health Care, 3300 Oakdale Avenue North, Robbinsdale, MN 55422 ...... 240001 05/26/2005 151. North Oakland Medical Centers, 461 W. Huron Street, Pontiac, MI 48341–1651 ...... 230013 05/03/2005 152. Northeast Methodist Hospital, 12412 Judson Road, Live Oak, TX 78233 ...... 450388 05/11/2005 153. Northwestern Memorial Hospital, 251 East Huron Street, Chicago, IL 60611 ...... 140281 04/26/2005 154. Norton Healthcare, P.O. Box 35070, Louisville, KY 40232–5070 ...... 180088 05/03/2005 155. Ochsner Clinic Foundation, Department of Cardiology, 1514 Jefferson Highway, New Orleans, LA 70121– 2483 ...... 190036 04/12/2005 156. Ohio State University, University Medical Center, 452 West 10th Avenue, Columbus, OH 43210 ...... 360085 05/05/2005 157. Oklahoma Heart Hospital, 4050 West Memorial Road, Oklahoma City, OK 73120 ...... 370215 05/23/2005 158. Orlando Regional Healthcare System, Inc, 1414 Kuhl Avenue, Orlando, FL 32806 ...... 100006 05/23/2005 159. [The] Ortenzio Heart Center and Holy Spirit, 503 North 21st Street, Camp Hill, PA 17011–2288 ...... 390004 04/27/2005 160. OSF Saint Francis Medical Center, 530 NE. Glen Oak Avenue, Peoria, IL 61637 ...... 140067 04/27/2005 161. Our Lady of Bellefonte Hospital, St. Christopher Drive, Ashland, KY 41101 ...... 180036 05/26/2005 162. Our Lady of Lourdes Medical Center, 1600 Haddon Avenue, Camden, NJ 08103 ...... 310029 05/05/2005 163. Our Lady of Lourdes Regional Medical Center, 611 St. Landry Street, Lafayette, LA 70506 ...... 190102 05/03/2005 164. Palomar Medical Center, 555 East Valley Parkway, Escondido, CA 92025 ...... 050115 05/10/2005 165. Parkwest Medical Center, 9352 Park West Boulevard, Knoxville, TN 37923 ...... 440173 05/05/2005 166. Parkview Hospital, 2200 Randallia Drive, Fort Wayne, IN 46805 ...... 150021 05/11/2005 167. Parma Community General Hospital, 7007 Powers Boulevard, Parma, OH 44129–5495 ...... 360041 05/05/2005 168. Phoenix Baptist Hospital, Cardiac Catheterization Laboratory/Interventional Radiology Suite, 2000 West Bethany Home Road, Phoenix, AZ 85015 ...... 030030 04/01/2005 169. Phoenix Memorial Hospital, Cardiac Catheterization Laboratory/Interventional Radiology Suite, 1201 South 7th Avenue, Phoenix, AZ 85007 ...... 030106 05/16/2005 170. Pinnacle Health Hospitals, 111 South Front Street, Harrisburg, PA 17101 ...... 390067 05/23/2005 171. Plaza Medical Center of Fort Worth, 900 Eighth Avenue, Fort Worth, TX 76104 ...... 450672 05/23/2005 172. Pomerado Hospital, 15615 Pomerado Road, Poway, CA 92064 ...... 050636 05/10/2005 173. Presbyterian Hospital of Dallas, 8200 Walnut Hill Lane, Dallas, TX 75231–4496 ...... 450462 05/10/2005 174. Princeton Baptist Medical Center, 701 Princeton Avenue, SW, Birmingham, AL 35211–1399 ...... 010103 04/12/2005 175. Provena Saint Joseph Hospital, 77 North Airlite Street, Elgin, IL 60123–4912 ...... 140217 05/11/2005 176. Providence Portland Medical Center, 4805 Northeast Glisan Street, Portland, OR 97213–2967 ...... 380061 05/16/2005 177. Providence St. Vincent Medical Center, 9205 S.W. Barnes Road, Portland, OR 97225 ...... 380004 05/16/2005 178. Rapid City Regional Hospital, 353 Fairmont Boulevard, Rapid City, SD 57701 ...... 430077 05/26/2005 179. Rapides Regional Medical Center, Box 30101, 211 Fourth Street, Alexandria, LA 71301–8454 ...... 190026 05/23/2005 180. Research Medical Center, 2316 East Meyer Boulevard, Kansas City, MO 64132 ...... 260027 05/23/2005 181. Resurrection Medical Center, 7435 West Talcott, Chicago, Illinois 60631 ...... 140117 04/12/2005 182. Riverside Methodist Hospital, 3535 Olentangy River Road, Columbus, OH 43214 ...... 360006 04/20/2005 183. Robert Packer Hospital, One Guthrie Square, Sayre, PA 18840–1698 ...... 390079 04/18/2005 184. Rogue Valley Medical Center, 2825 East Barnett Road, Medford, OR 97504 ...... 380018 05/05/2005 185. Rush University Medical Center, 1725 West Harrison Street, Suite 364, Chicago, IL 60612–3824 ...... 140119 04/20/2005 186. Sacred Heart Health System, 5151 N. Ninth Avenue, P.O. Box 2700, Pensacola, FL 32513 ...... 100025 05/05/2005 187. Sacred Heart Medical Center, Oregon Heart & Vascular Institute, 1255 Hilyard Street, P.O. Box 10905, Eugene, OR 97440 ...... 380033 05/26/2005 188. Saint Joseph Health Center, 1000 Carondelet Drive, Kansas City, MO 64114 ...... 260085 05/16/2005 189. Saint Joseph Medical Center, Twelfth and Walnut Streets, P.O. Box 316, Reading, PA 19603–316 ...... 390096 04/01/2005 190. Saint Louis University Hospital, 3635 Vista at Grand Boulevard, P.O. Box 15250, St. Louis, MO 63110 .... 260105 05/17/2005 191. Saint Luke’s Hospital of Kansas City, 4401 Wornall Road, Kansas City, MO 64111 ...... 260138 04/27/2005 192. Saint Raphael Healthcare System, 1450 Chapel Street, New Haven, CT 06511 ...... 070001 05/05/2005 193. Saints Memorial Medical Center, 1 Hospital Drive, Lowell, MA 01852–1389 ...... 220082 04/27/2005 194. Samaritan Hospital, 310 South Limestone Street, Lexington, KY 40508 ...... 180007 05/17/2005 195. Seton Medical Center, 1900 Sullivan Avenue, Daly City, CA 94015 ...... 050289 05/05/2005 196. Shady Grove Adventist Hospital, 9901 Medical Center Drive, Rockville, MD 20850 ...... 210057 04/20/2005 197. Shands Jacksonville Medical Center, 655 West Eighth Street, Jacksonville, FL 32209 ...... 100001 05/26/2005 198. Shawnee Mission Medical Center, 9100 W. 74th Street, Shawnee Mission, KS 66204 ...... 170104 05/16/2005 199. Sierra Medical Center, 1625 Medical Center Drive, El Paso, TX 79902 ...... 450668 05/16/2005 200. Sinai-Grace Hospital, 6071 W. Outer Drive, Detroit, MI 48235 ...... 230024 04/19/2005 201. Sioux Valley Hospital USD Medical Center, 1305 W. 18th Street, Sioux Falls, SD 57117–5039 ...... 430027 04/19/2005 202. Skyline Medical Center, 3441 Dickerson Pike, Nashville, TN 37207 ...... 440006 04/07/2005 203. South Austin Hospital, 901 W. Ben White, Austin, TX 78704 ...... 450713 04/12/2005 204. Southern Baptist Hospital of Florida, Inc., d/b/a Baptist Medical Center, 800 Prudential Drive, Jackson- ville, FL 32207 ...... 100088 05/05/2005 205. Southern Maryland Hospital Center, 7503 Surratts Road, Clinton, MD 20735 ...... 520054 05/26/2005 206. Southwest Washington Medical Center, P.O. Box 1600, Vancouver, WA 98668 ...... 500050 05/26/2005 207. Spectrum Health Hospital, 100 Michigan Street NE, Grand Rapids, MI 49503 ...... 230038 04/18/2005 208. SSM St. Joseph Health Center, 300 First Capitol Drive, St. Charles, MO 63301 ...... 260005 04/26/2005 209. St. Anthony’s Hospital, 1200 7th Avenue North, St. Petersburg, FL 33705 ...... 100067 04/19/2005 210. St. Bernardine Medical Center, 2101 N. Waterman Avenue, San Bernardino, CA 92404–4836 ...... 050129 05/05/2005

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Facility Provider No. Effective date

211. St. David’s Medical Center, 919 East 32nd Street 78705, P.O. Box 4039, Austin, TX 78765–4039 ...... 450431 05/05/2005 212. St. Elizabeth Medical Center, South Unit, 1 Medical Village Drive, Edgewood, KY 41017 ...... 180035 04/26/2005 213. St. Francis Hospital and Health Center, 12935 S. Gregory Street, Blue Island, IL 60406 ...... 140118 05/11/2005 214. St. Francis Hospital & Health Centers, 1600 Albany Street, Beech Grove, IN 46107 ...... 150033 04/01/2005 215. St. John Hospital and Medical Center, 22151 Moross Road, Detroit, MI 48236 ...... 230165 04/27/2005 216. St John’s Hospital, 800 East Carpenter Street, Springfield, IL 62769 ...... 140053 05/10/2005 217. St. John’s Regional Medical Center, 2727 McClelland Boulevard, Joplin, MO 64804–1694 ...... 260001 04/19/2005 218. St. John West Shore Hospital, 29000 Center Ridge Road, Westlake, OH 44145 ...... 360123 05/03/2005 219. St. Joseph Medical Center, Heart Institute, 7601 Osler Drive, Towson, MD 21204–7582 ...... 210007 05/17/2005 220. St. Joseph Mercy Hospital, 5301 E. Huron River Drive, P.O. Box 995, Ann Arbor, MI 48106 ...... 230156 05/16/2005 221. St. Joseph Regional Medical Center, 5000 West Chambers Street, Milwaukee, WI 53210–1688 ...... 520136 05/10/2005 222. St. Joseph’s Medical Center, 1800 N. California Street, Stockton, CA 95204 ...... 050084 05/17/2005 223. St. Joseph’s Mercy Health Center, 300 Werner Street, Hot Springs, AR 71903 ...... 040026 05/26/2005 224. St. Joseph’s Wayne Hospital, 224 Hamburg Turnpike, Wayne, NJ 07470 ...... 310116 03/30/2005 225. St. Luke’s, 915 East First Street, Duluth, MN 55805 ...... 240047 04/19/2005 226. St. Lukes Episcopal Hospital, 6720 Bertner Avenue, Houston, TX 77030 ...... 450193 03/30/2005 227. St. Luke’s Hospital, 1026 A Avenue NE, P.O. Box 3026, Cedar Rapids, IA 52406–3026 ...... 160045 05/10/2005 228. St. Luke’s Medical Center, 2900 W. Oklahoma Avenue, P.O. Box 2901, Milwaukee, WI 53201–2901 ...... 520138 04/18/2005 229. St. Luke’s-Roosevelt Hospital Center, 1000 Tenth Avenue, New York, NY 10019 ...... 330046 05/23/2005 230. St. Mary’s Hospital and Medical Center, 2635 North Seventh Street, P.O. Box 1628, Grand Junction, CO 81501 ...... 060023 04/20/2005 231. St Mary’s Medical Center, 407 East Third Street, Duluth, MN 55805 ...... 240002 05/16/2005 232. St. Mary’s Medical Center, 3700 Washington Avenue, Evansville, IN 47740–001 ...... 150100 05/17/2005 233. St. Patrick Hospital and Health Sciences Center, 500 West Broadway, Missoula, MT 59802 ...... 270014 04/12/2005 234. St. Thomas Hospital, 4220 Harding Road, Nashville, TN 37205 ...... 440082 04/19/2005 235. Strong Memorial Hospital, 601 Elmwood Avenue, Box 679, Rochester, NY 14642 ...... 330285 04/19/2005 236. Swedish American Hospital, 1401 East State Street, Rockford, IL 61104 ...... 140228 05/03/2005 237. Swedish Medical Center, 501 East Hampden Ave, Englewood, CO 80113 ...... 060034 05/16/2005 238. Swedish Medical Center-First Hill Campus, 747 Broadway, Seattle, WA 98122 ...... 500027 05/17/2005 239. Swedish Medical Center-Providence Campus, 747 Broadway, Seattle, WA 98122 ...... 500025 05/23/2005 240. Tallahassee Memorial, 1300 Miccosukee Road, Tallahassee, FL 32308 ...... 100135 05/16/2005 241. Terrebonne General Medical Center, 8166 Main Street, Houma, LA 70360 ...... 190008 04/20/2005 242. Texan Heart Hospital, 6700 IH–10 West, San Antonio, TX 78201 ...... 450878 05/26/2005 243. Town and Country Hospital, 6001 Webb Road, Tampa, FL 33615–3241 ...... 100255 05/05/2005 244. UC Davis Cardiac Cath Lab/UC Davis Medical Center, 2315 Stockton Boulevard, Sacramento, CA 95817 050599 04/19/2005 245. Union Hospital, 1606 North Seventh Street, Terre Haute, IN 47804–2780 ...... 150023 04/27/2005 246. Union Memorial Hospital, 201 East University Parkway, Baltimore, MD 21218–2895 ...... 210024 04/07/2005 247. United Regional Health Care System, Eleventh Street Campus, 1600 Eleventh Street, Wichita Falls, TX 76301 ...... 450010 05/16/2005 248. University of Alabama Hospital, 619 South 19th Street, Birmingham, AL 35233 ...... 010033 05/26/2005 249. University Health System, 1520 Cherokee Trail, Suite 200, Knoxville, TN 37920–2205 ...... 440015 05/26/2005 250. University Health System, 4502 Medical Drive, San Antonio, TX 78229 ...... 450213 04/27/2005 251. University of Kentucky Hospital, 800 Rose Street, Lexington, KY 40536–0293 ...... 180067 05/16/2005 252. University of Louisville Hospital, 530 South Jackson Street, Louisville, KY 40202 ...... 180141 05/05/2005 253. University of Pennsylvania Medical Center-Presbyterian, 39th and Market Streets, Philadelphia, PA 19104 ...... 390223 04/01/2005 254. UPMC Presbyterian Shadyside, 200 Lothrop Street, Pittsburgh, PA 15213 ...... 390164 05/03/2005 255. Utah Valley Regional Medical Center, 1034 North 500 West, Provo, Utah 84605 ...... 460001 05/26/2005 256. The Valley Hospital, 223 N. Van Dien Avenue, Ridgewood, NJ 07450–2736 ...... 310012 04/20/2005 257. Vassar Brothers Medical Center, 45 Reade Place, Poughkeepsie, NY 12601 ...... 330023 05/05/2005 258. Washoe Medical Center, 75 Pringle Way, Reno, NV 89502 ...... 290001 04/27/2005 259. Washington Hospital Center, 110 Irving Street, NW., Washington, DC 20010 ...... 090011 05/16/2005 260. Wellmont Holston Valley Medical Center, Holston Valley Vascular Institute, 130 W. Ravine Road, Kings- port, TN 37660 ...... 440017 05/16/2005 261. Wentworth-Douglass Hospital, 789 Central Avenue, Dover, NH 03820 ...... 300018 05/10/2005 262. West Allis Memorial Hospital, 8901 West Lincoln Avenue, West Allis, WI 53227 ...... 520139 05/26/2005 263. Westchester Medical Center, 95 Grasslands Road, Valhalla, NY 10595 ...... 330234 05/16/2005 264. Western Baptist Hospital, 2501 Kentucky Avenue, Paduach, KY 42003–3200 ...... 180104 05/05/2005 265. Western Medical Center-Santa Ana, 1001 North Tustin Avenue, Santa Ana, CA 92705 ...... 050746 05/25/2005 266. William Beaumont Hospital, 3601 W. 13 Mile Road, Royal Oak, MI 48073 ...... 230130 05/10/2005 267. Willis Knighton Bossier, 2400 Hospital Drive, Bossier City, LA 71111 ...... 190236 04/27/2005 268. Willis Knighton Medical Center, 2600 Greenwood Road, Shreveport, LA 71103 ...... 190111 04/27/2005 269. Winchester Medical Center, P.O. Box 3340, Winchester, VA 22604–2540 ...... 490005 05/16/2005 270. The Wisconsin Heart Hospital, LLC, 10000 West Blue Mound Road, Wauwatosa, WI 53226 ...... 520199 05/05/2005 271. Wyoming Valley Health Care System, 575 North River Street, Wilkes Barre, PA 18764 ...... 390137 04/26/2005 272. York Hospital, 15 Hospital Drive, York, ME 03909 ...... 200020 04/14/2005

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[FR Doc. 05–12525 Filed 6–23–05; 8:45 am] specified in § 412.23(b)(2) in order to be of ambulation and other activities of BILLING CODE 4120–01–P classified as an IRF, see § 412.604(b). daily living that have not improved after On May 7, 2004, we published a final the patient has participated in an rule in the Federal Register (69 FR appropriate, aggressive, and sustained DEPARTMENT OF HEALTH AND 25752) that responded to public course of outpatient therapy services or HUMAN SERVICES comments on the September 9, 2003 services in other less intensive proposed rule (68 FR 26786), and rehabilitation settings immediately Centers for Medicare & Medicaid revised the criteria for being classified preceding the inpatient rehabilitation Services as an IRF including the criteria at admission but have the potential to [CMS–1480–N] § 412.23(b)(2). The changes in the final improve with more intensive rule were effective for cost reporting rehabilitation. (A joint replaced by a RIN 0938–AN92 periods beginning on or after July 1, prosthesis no longer is considered to 2004. Under § 412.23(b)(2), a specific have osteoarthritis, or other arthritis, Medicare Program; Inpatient percentage, noted below, of an IRF’s even though this condition was the Rehabilitation Facility Compliance total inpatient population must meet at reason for the joint replacement.) Criteria least one of the following medical (13) Knee or hip joint replacement, or both, during an acute hospitalization AGENCY: Centers for Medicare & conditions: Medicaid Services (CMS), HHS. (1) Stroke. immediately preceding the inpatient (2) Spinal cord injury. rehabilitation stay and also meets one or ACTION: Notice. (3) Congenital deformity. more of the following specific criteria: (4) Amputation. (i) The patient underwent bilateral SUMMARY: In accordance with the (5) Major multiple trauma. knee or bilateral hip joint replacement provisions of the Consolidated (6) Fracture of femur (hip fracture). Appropriations Act of 2005, this notice surgery during the acute hospital (7) Brain injury. admission immediately preceding the announces the Secretary’s (8) Neurological disorders, including determination that the requirements for IRF admission. multiple sclerosis, motor neuron (ii) The patient is extremely obese classification as an inpatient diseases, polyneuropathy, muscular with a Body Mass Index of at least 50 rehabilitation facility (IRF) specified in dystrophy, and Parkinson’s disease. at the time of admission to the IRF. § 412.23(b)(2) are not inconsistent with (9) Burns. (iii) The patient is age 85 or older at a report that the Government (10) Active, polyarticular rheumatoid the time of admission to the IRF. Accountability Office (GAO) issued arthritis, psoriatic arthritis, and The percentage of an IRF’s inpatient concerning classification of a facility as seronegative arthropathies resulting in population that must meet at least one an IRF. significant functional impairment of of the above medical conditions is DATES: Effective Date: This notice is ambulation and other activities of daily determined by the IRF’s cost reporting effective on June 24, 2005. living that have not improved after an period. The following are the FOR FURTHER INFORMATION CONTACT: Pete appropriate, aggressive, and sustained percentages of an IRF’s inpatient Diaz, (410) 786–1235. course of outpatient therapy services or population that must meet at least one services in other less intensive SUPPLEMENTARY INFORMATION: of the medical conditions specified rehabilitation settings immediately above: I. Background preceding the inpatient rehabilitation For cost reporting periods beginning admission or that result from a systemic A. Classification as an Inpatient on or after July 1, 2004, and before July disease activation immediately before Rehabilitation Facility Under 1, 2005, the compliance threshold will admission, but have the potential to § 412.23(b)(2) be 50 percent of the IRF’s total inpatient improve with more intensive population. Sections 1886(d)(1)(B) and rehabilitation. For cost reporting periods beginning 1886(d)(1)(B)(ii) of the Social Security (11) Systemic vasculidities with joint on or after July 1, 2005, and before July Act (the Act) give the Secretary the inflammation, resulting in significant 1, 2006, the compliance threshold will discretion to define a rehabilitation functional impairment of ambulation be 60 percent of the IRF’s total inpatient hospital and unit. A freestanding and other activities of daily living that population. rehabilitation hospital and a have not improved after an appropriate, For cost reporting periods beginning rehabilitation unit of an acute care aggressive, and sustained course of on or after July 1, 2006 and before July hospital are collectively referred to as an outpatient therapy services or services 1, 2007, the compliance threshold will inpatient rehabilitation facility (IRF), in other less intensive rehabilitation be 65 percent of the IRF’s total inpatient and are paid under the IRF prospective settings immediately preceding the population. Furthermore, for those cost payment system (PPS). Under the inpatient rehabilitation admission or reporting periods beginning before July current regulations at 42 CFR that result from a systemic disease 1, 2007, the regulations also permit 412.1(b)(2), a hospital or unit of a activation immediately before certain comorbidities, as defined in hospital, must first be deemed excluded admission, but have the potential to § 412.602, to be counted towards the from the diagnosis-related group (DRG)- improve with more intensive applicable inpatient population based inpatient prospective payment rehabilitation. percentage, if certain requirements are system (IPPS) to be paid under the IRF (12) Severe or advanced osteoarthritis met as specified in § 412.23(b)(2)(i). For PPS. A facility must meet the applicable (osteoarthrosis or degenerative joint cost reporting periods beginning on or requirements in subpart B of part 412. disease) involving two or more major after July 1, 2007, patient comorbidity as Secondly, the excluded hospital or unit weight bearing joints (elbow, shoulders, described in § 412.23(b)(2)(i) is not of the hospital must meet the conditions hips, or knees, but not counting a joint included in the inpatient population for payment under the IRF PPS at with a prosthesis) with joint deformity that counts toward the compliance § 412.604. See § 412.23(b). Moreover, a and substantial loss of range of motion, threshold percentage. provider, among other requirements, atrophy of muscles surrounding the For cost reporting periods beginning must be in compliance with the criteria joint, significant functional impairment on or after July 1, 2007, the compliance

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threshold will be 75 percent of the IRF’s perform their classification compliance home, skilled nursing facilities, total inpatient population. reviews. outpatient facilities, hospitals and IRFs. B. Verification of Compliance With D. The GAO Report We are committed to ensuring that § 412.23(b)(2) beneficiaries have access to high quality In April 2005 the GAO issued its rehabilitation services in the most The fiscal intermediaries (FIs) report and recommended the following: appropriate setting. Medicare’s determine if an IRF met the • We should ensure that FIs routinely payments to IRFs are made at a level requirements specified in § 412.23(b)(2). conduct targeted reviews for medical commensurate with the type of In order to provide guidance to the FIs necessity for IRF admissions. regarding how they should determine • We should conduct additional intensive inpatient rehabilitation compliance with § 412.23(b)(2), we activities to encourage research on the services these facilities are intended to issued Program Transmittal 221 on June effectiveness of intensive inpatient provide. Consequently, Medicare 25, 2004. In order to clarify the rehabilitation and the factors that maintains the compliance criteria and instructions in Program Transmittal 221, predict patient need for intensive other policies to ensure its higher we issued Program Transmittal 347 on inpatient rehabilitation. payments to IRFs are appropriately October 29, 2004, and Program • We should use the information directed to this more intense level of Transmittal 478 on February 18, 2005. obtained from reviews for medical service. We believe the regulations as In accordance with the instructions in necessity, research activities, and other revised in the May 7, 2004 final rule the above-noted Program Transmittals, sources to refine the rule to describe reflect the need for Medicare payments the FI reports an IRF’s compliance more thoroughly the subgroups of to be appropriately directed towards percentage to the appropriate CMS patients within a condition that are those beneficiaries who require Regional Office (RO). If the IRF did not appropriate for IRFs rather than other intensive rehabilitation. meet the compliance percentage settings, and may consider using other threshold, then the RO terminates the factors in the descriptions, such as II. Provisions of the Notice facility’s classification as an IRF and functional status. notifies the FI and the facility of this We share GAO’s view that it would be After careful consideration, the action. The facility would then be paid beneficial to obtain information from Secretary has determined that the as an acute care hospital under the IPPS the reviews for medical necessity, recommendations in the GAO’s IRF if the facility met the requirements to be research activities, and other sources to report are not inconsistent with our paid under the IPPS. In the case of the describe subgroups of patients within a regulations as revised in the May 7, termination of the classification of a condition in order to better delineate 2004 final rule. Therefore, we will critical access hospital (CAH) which patients can most appropriately immediately enforce the procedures rehabilitation distinct part unit (DPU) as be treated in an IRF and those that can specified in Program Transmittals 221, an IRF, the DPU may be paid in be more appropriately cared for in other 347, and 478, as well as any additional accordance with the payment system settings. To obtain this information, we Program Transmittals or instructions Medicare uses to pay CAHs, but only if have expanded our efforts to provide that we may issue if the facility does not such payment to the DPU does not greater oversight of IRF admissions meet the requirements specified in violate any of Medicare’s CAH through a number of Local Coverage § 412.23(b)(2). regulations or operational policies. Decisions that are now in effect or in advance stages of development. In Authority: Section 1886(j) of the Social C. Effect of the Consolidated addition, we are actively encouraging Security Act (42 U.S.C. 1395ww(j)). Appropriations Act of 2005 government clinical research (Catalog of Federal Domestic Assistance Section 219 of the Consolidated organizations, academic institutions, Program No. 93.773 Medicare—Hospital Appropriations Act of 2005 (Pub. L. and industry rehabilitation groups to Insurance Program; and No. 93.774, 108–447), enacted on December 8, 2004, conduct both general and targeted Medicare—Supplementary Medical specifies that if a facility was classified research that would inform all Insurance Program) as an IRF as of June 30, 2004, we could interested parties regarding the types of Dated: April 17, 2005. not change the classification of the patients that would most benefit from Mark B. McClellan, facility and treat it as an acute care intensive inpatient rehabilitation. We hospital to be paid under the IPPS until also requested that the National Institute Administrator, Centers for Medicare & Medicaid Services. the Secretary either: (1) Determined that of Health (NIH) convene a research the requirements specified in panel to recommend future research Approved: June 10, 2005. § 412.23(b)(2) are not inconsistent with regarding the types of patients that Michael O. Leavitt, a report that the Government would most benefit from intensive Secretary. Accountability Office (GAO) would inpatient rehabilitation. The agency is [FR Doc. 05–12593 Filed 6–21–05; 4:07 pm] issue concerning the clinically currently evaluating the BILLING CODE 4120–01–P appropriate standard for the IRF recommendations of this panel. The classification criteria under recommendations will be used to guide § 412.23(b)(2); or (2) In accordance with research that will help determine which the provisions of that GAO report, we facility and patient factors may be issue an interim final rule revising the considered to classify a facility as an classification criteria specified in IRF. We will collaborate with NIH to § 412.23(b)(2). Accordingly, under the determine how best to promote this Consolidated Appropriations Act of research. 2005, we have not changed the classification of facilities classified as E. Results of CMS’ Review of the GAO IRFs as of June 30, 2004 on the basis of Recommendations any non-compliance with § 412.23(b)(2), Medicare covers rehabilitation care in but we continued to have the FIs a variety of settings, including the

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DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: On June 2, background presentations from CMS. HUMAN SERVICES 2004, we published a Federal Register The Advisory Board will then deliberate notice requesting nominations for openly on the general topic and will Centers for Medicare & Medicaid individuals to serve on the Advisory make recommendations on specific Services Board on the Demonstration of a topics for future meetings. The Advisory [CMS–5033–N5] Bundled Case-Mix Adjusted Payment Board will also allow at least a 30- System for End-Stage Renal Disease minute open public session. Interested Medicare Program; Meeting of the (ESRD) Services. The June 2, 2004, parties may speak or ask questions Advisory Board on the Demonstration notice also announced the during the public comment period. establishment of the Advisory Board of a Bundled Case-Mix Adjusted Comments may be limited by the time and the signing by the Secretary on May Payment System for End-Stage Renal available. Written questions should be 11, 2004, of the charter establishing the Disease Services—July 14 Through submitted by July 7, 2005, to July 15, 2005 Advisory Board. On January 28, 2005, we published a Federal Register notice [email protected]. AGENCY: Centers for Medicare & announcing the appointment of eleven Parties may also submit written Medicaid Services (CMS), HHS. individuals to serve as members of the comments following the meeting to the ACTION: Notice. Advisory Board on the Demonstration of contact listed under the FOR FURTHER a Bundled Case-Mix Adjusted Payment INFORMATION CONTACT section of this SUMMARY: This notice announces the System for ESRD Services, including notice. third public meeting of the Advisory one individual to serve as co- Authority: 5 U.S.C. App. 2, section 10(a). Board on the Demonstration of a chairperson, and one additional co- (Catalog of Federal Domestic Assistance Bundled Case-Mix Adjusted Payment chairperson, who is employed by CMS. System for End-Stage Renal Disease Program No. 93.774, Medicare— The first public meeting of the Advisory Supplementary Medical Insurance Program) (ESRD) Services. Notice of this meeting Board was held on February 16, 2005. is required by the Federal Advisory The second public meeting of the Dated: June 16, 2005. Committee Act (5 U.S.C. App. 2, section Advisory Board was held on May 24, Mark B. McClellan, 10(a)(1) and (a)(2)). The Advisory Board 2005. This notice announces the third Administrator, Centers for Medicare & will provide advice and public meeting of this Advisory Board. Medicaid Services. recommendations with respect to the establishment and operation of the I. Topics of the Advisory Board Meeting [FR Doc. 05–12523 Filed 6–23–05; 8:45 am] demonstration mandated by section The Advisory Board on the BILLING CODE 4120–01–P 623(e) of the Medicare Prescription Demonstration of a Bundled Case-Mix Drug, Improvement, and Modernization Adjusted Payment System for ESRD DEPARTMENT OF HEALTH AND Act of 2003. Services will study and make HUMAN SERVICES DATES: The meeting is on Thursday, July recommendations on the following issues: 14, 2005, from 9 a.m. to 5 p.m., eastern Administration for Children and • The drugs, biologicals, and clinical standard time and Friday, July 15, 2005, Families from 9 a.m. to 3 p.m. eastern standard laboratory tests to be bundled into the time. demonstration payment rates. • The method and approach to be Submission for OMB Review; Special Accomodations: Persons Comment Request attending the meeting, who are hearing used for the patient characteristics to be or visually impaired, or have a included in the fully case-mix adjusted Adoption and Foster Care Analysis condition that requires special demonstration payment system. • assistance or accommodations, are The manner in which payment for and Reporting System for Title IV–B asked to notify Pamela Morrow by July bundled services provided by non- and Title IV–E 7, 2005, by e-mail at demonstration providers should be [email protected] or by handled for beneficiaries participating OMB No.: 0980–0267. telephone at (410) 786–2461. in the demonstration. Description: Section 479 of title IV–E • The feasibility of providing ADDRESSES: The meeting will be held at of the Social Security Act directs States financial incentives and penalties to the Marriott Hotel—BWI Airport, 1743 to establish and implement an adoption organizations operating under the and foster care reporting system. The West Nursery Rd., Baltimore, MD 21240. demonstration that meet or fail to meet data are used for a number of reasons, Attendance is limited to the space applicable quality standards. available, so seating will be on a first • The specific quality standards to be including responding to Congressional come, first served basis. used. requests for current data on children in Web site: Up-to-date information on • The feasibility of using disease foster care or those who have been this meeting is located at http:// management techniques to improve adopted; responding to questions and www.cms.hhs.gov/faca/esrd. quality and patient satisfaction and requests from other Federal departments Hotline: Up-to-date information on reduce costs of care for the beneficiaries and agencies; trend analyses and short- this meeting is located on the CMS participating in the demonstration. and long-term planning; targeting areas Advisory Committee Hotline at 1 (877) • The selection criteria for for greater or potential technical 449–5659 (toll free) or in the Baltimore demonstration organizations. assistance efforts; and determining and area at (410) 786–9379. II. Procedure and Agenda of the assessing outcomes for children and FOR FURTHER INFORMATION CONTACT: families. Pamela Morrow by e-mail at Advisory Board Meeting [email protected] or This meeting is open to the public. Respondents: States, the District of telephone at (410) 786–2461. The Advisory Board will hear Columbia and Puerto Rico.

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ANNUAL BURDEN ESTIMATES

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

AFCARS (Electronic Format) 52 2 2,972.89 309,077

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND regulation is to govern the awarding and Hours: 309,077. HUMAN SERVICES administration of grants awarded by Additional Information: Copies of the NIH and its components for National Institutes of Health proposed collection maybe obtained by construction of new buildings and the writing to the Administration for alteration, renovation, remodeling, Submission for OMB Review; improvement, expansion, and repair of Children and Families, Office of Comment Request; National Institutes existing buildings, including the Administration, Office of Information of Health Construction Grants—42 provision of equipment necessary to Services, 370 L’enfant Promenade, SW., CFR Part 52b (Final Rule) make the buildings (or applicable part of Washington, DC 20447, Attn: ACF SUMMARY: Under the provisions of the buildings) suitable for the purpose Reports Clearance Officer. E-mail: Section 3507(a)(1)(D) of the of the for which it was constructed. In terms grjohnson@acf,hhs.gov. Paperwork Reduction Act of 1995, the of reporting requirements: Section OMB Comment: OMB is required to National Institutes of Health (NIH) has 52b.9(b) of the regulation requires the make a decision concerning the submitted to the Office of Management transferor of a facility which is sold or collection of information between 30 and Budget (OMB) a request to review transferred, or owner of a facility, the and 60 days after publication of this and approve the information collection use of which has changed, to provide document in the Federal Register. listed below. This proposed information written notice of the sale, transfer or Therefore, a comment is best assured of collection was previously published in change within 30 days. Section 52b.10(f) having its full effect if OMB receives it the Federal Register on December 7, requires a grantee to submit an within 30 days of publication. Written 2004, pages 70697—70698, and allowed approved copy of the construction comments and recommendations for the 60 days for public comment. No public schedule prior to the start of proposed information collection should comments were received. The purpose construction. Section 52b.10(g) requires be sent directly to the following: Office of this notice is to allow an additional a grantee to provide daily construction of Management and Budget, Paperwork 30 days for public comment. The NIH logs and monthly status reports upon Reduction Project, Attn: Desk Officer for may not conduct or sponsor, and the request at the job site. Section 52b.11(b) requires applicants for a project ACF, E-mail: KatherinelT.lAstrick@ respondent is not required to respond involving the acquisition of existing omb.eop.gov. to, an information that has been extended, revised, or implemented on or facilities to provide the estimated cost of Dated: June 20, 2005. after October 1, 1995, unless it displays the project, cost of the acquisition of Robert Sargis, a currently valid OMB control number. existing facilities, and cost of Reports Clearance Officer. Proposed Collection: Title: National remodeling, renovating, or altering [FR Doc. 05–12515 Filed 6–23–05; 8:45 am] Institutes of Health Construction facilities to serve the purposes for which Grants—42 CFR Part 52b (Final Rule). they are acquired. In terms of BILLING CODE 4184–01–M Type of Information Collection Request: recordkeeping requirements: Section Extension of No. 0925–0424, expiration 52b.10(g) requires grantees to maintain date 3/31/2005. Need and Use of the daily construction logs and monthly Information Collection: This request is status reports at the job site. Frequency for OMB review and approval of an of Response: On occasion. Affected extension for the information collection Public: Non-profit organizations and and recordkeeping requirements Federal agencies. Type of respondents: contained in the regulation codified at Grantees. The estimated respondent 42 CFR part 52b. The purpose of the burden is as follows:

ESTIMATED ANNUAL REPORTING AND RECORDKEEPING BURDEN

Estimated Estimated an- number of re- Average burden Estimated total Estimated total nual number of sponses per hours per re- hour burden annual burden respondents respondent sponse hours requested

Reporting: Section 52b.9(b)...... 1 1 .50 .50 .50 Section 52b.10(f) ...... (60) 1 1 60 60 Section 52b.10(g)...... (60) 12 1 720 720 Section 52b.11(b) ...... 100 1 1 100 100 Recordkeeping: Section 52b.10(g) ...... (60) 260 1 15,600 15,600

Total ...... 101 ...... 16,481 16,481

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The annualized cost to the public, DEPARTMENT OF HEALTH AND M.P.H. Division of Bacterial and based on an average of 60 active grants HUMAN SERVICES Mycotic Diseases, National Center for in the construction phase, is estimated Infectious Diseases, Centers for Disease at: $576,818. There are no Capital Costs Centers for Disease Control and Control and Prevention (CDC), 1600 to report. There are no operating or Prevention Clifton Rd. NE., Mail Stop C 09, Atlanta, Maintenance Costs to report. GA 30333. Telephone (404) 639–4138, Public Notice e-mail: [email protected]. Request for Comments: Written comments and/or suggestions from the AGENCY: Centers for Disease Control and Dated: June 13, 2005. public and affected agencies should Prevention (CDC), Health and Human James D. Seligman, address one or more of the following Services (HHS). Associate Director for Program Services, points: (1) Evaluate whether the ACTION: Notice. Centers for Disease Control and Prevention. proposed collection of information and [FR Doc. 05–12497 Filed 6–23–05; 8:45 am] SUMMARY: The Centers for Disease recordkeeping are necessary for the Control and Prevention (CDC), National BILLING CODE 4163–18–P proper performance of the function of Center for Infectious Disease (NCID), the agency, including whether the Division of Bacterial and Mycotic DEPARTMENT OF HEALTH AND information will have practical utility; Diseases (DBMD) through its component HUMAN SERVICES (2) Evaluate the accuracy of the agency’s Branches has lead technical estimate of the burden of the proposed responsibility for a number of Category National Institutes of Health collection of information and A, B and C bioterrorism agents and their recordkeeping, including the associated toxins (Bacillus anthracis, National Institute of Alcohol Abuse and methodology and assumptions used; (3) Clostridium botulinum, Brucella sps., Alcoholism; Notice of Closed Meeting Enhance the quality, utility, and clarity Burkholderia sps., Staphylococcus of the information to be collected and entertoxin B, other food-or waterborne Pursuant to section 10(d) of the the recordkeeping information to be bacterial pathogens, and other bacterial Federal Advisory Committee Act, as maintained; and (4) Minimize the agents). DBMD provides technical amended (5 U.S.C. Appendix 2), notice burden of the collection of information support for the Nation’s prevention and is hereby given of the following on those who are to respond, including control efforts for human anthrax meeting. the use of appropriate automated, disease. Since 2001, DBMD has been The meeting will be closed to the electronic, mechanical, or other collecting anthrax immune plasma from public in accordance with the technological collection and Department of Defense volunteers who provisions set forth in sections recordkeeping techniques of other forms received the licensed Anthrax Vaccine 552b(c)(4) and 552b(c)(6), Title U.S.C., of information technology. Adsorbed (AVA) according to the as amended. The grant applications and Direct Comments to OMB: Written licensed schedule. DBMD has the discussion could disclose comments and/or suggestions regarding contracted with industry to produce confidential trade secrets or commercial the item(s) contained in this notice, anthrax immune globulin (AIG) from the property such as patentable material, especially regarding the estimated collected anthrax immune plasma using and personal information concerning public burden and associated response anion-exchange chromatography. Since individuals associated with the grant time, should be directed to the Office of 2003, DBMD has been evaluating the applications, the disclosure of which Regulatory Affairs, New Executive efficacy and pharmacokinetics of AIG in would constitute a clearly unwarranted small animals. Preliminary results of Building, Room 10235, Washington, DC invasion of personal privacy. these studies are now available, and are 20503, Attention Desk Officer for NIH. being released to the public domain to Name of Committee: National Institute on To request more information on the facilitate development of Alcohol Abuse and Alcoholism Special proposed project or to obtain a copy of immunotherapeutic agents for treatment Emphasis Panel ZAA1 HH (40) SPECIAL the data collection plans and EMPHASIS PANEL REVIEW OF of human inhalational anthrax disease. FELLOWSHIP APPLICATIONS. instruments, contact Jerry Moore, NIH DBMD will continue to conduct AIG Date: August 2, 2005. Regulations Officer, Office of studies in animals, and will release data Management Assessment, Division of Time: 8:30 a.m. to 5 p.m. to the public as soon as the results Agenda: To review and evaluate grant Management Support, National become available. Institutes of Health, 6011 Executive applications. Persons or organizations who are Place: Hyatt Regency Bethesda, One Boulevard, Room 601, MSC 7669, interested in receiving the preliminary Bethesda Metro Center, 7400 Wisconsin Rockville, Maryland 20852; call 301– animal AIG study results, and in Avenue, Bethesda, MD 20814. 496–4607 (this is not a toll-free number) receiving future updates, should contact Contact Person: Lorraine Gunzerath, PhD, or e-mail your request to CDC and provide a mailing address. MBA Scientific Review Administrator, [email protected]. CDC prefers to receive requests for National Institute on Alcohol Abuse and Comments Due Date: Comments data electronically. These requests can Alcoholism, Office of Extramural Activities, regarding this information collection be e-mailed to the attention of Michael Extramural Project Review Branch, 5635 Fishers Lane, Room 3043, Bethesda, MD and recordkeeping are best assured of J. Detmer at [email protected]. Mailed responses can be sent to the following 20892–9304, 301–443–2369, having full effect if received on or before [email protected]. July 25, 2005. address: Michael J. Detmer, Division of Bacterial and Mycotic Diseases, (Catalogue of Federal Domestic Assistance Dated: June 17, 2005. National Center for Infectious Diseases, Program Nos. 93.271, Alcohol Research Career Development Awards for Scientists Jerry Moore, Centers for Disease Control and and Clinicians; 93.272, Alcohol National Regulations Officer, National Institutes of Prevention, 1600 Clifton Rd., NE., Mail Research Service Awards for Research Health. Stop C–09, Atlanta, GA 30333. Training; 93.273, Alcohol Research Programs; [FR Doc. 05–12596 Filed 6–23–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: 93.891, Alcohol Research Center Grants, BILLING CODE 4140–01–P Technical: Clare A. Dykewicz, M.D., National Institutes of Health, HHS)

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Dated: June 16, 2005. Place: Holiday Inn Select Bethesda, 8120 This notice is being published less than 15 Anna P. Snouffer, Wisconsin Ave., Bethesda, MD 20814. days prior to the meeting due to the timing Contact Person: Rebecca H Johnson, PhD, limitations imposed by the review and Acting Director, Office of Federal Advisory Office of Scientific Review, National Institute funding cycle. Committee Policy. of General Medical Sciences, National Name of Committee: National Institute of [FR Doc. 05–12598 Filed 6–23–05; 8:45 am] Institutes of Health, Natcher Building, Room Diabetes and Digestive and Kidney Diseases BILLING CODE 4140–01–M 3AN18C, Bethesda, MD 20892, 301–594– Special Emphasis Panel Pediatric Diabetes 2771, [email protected]. Care. Date: July 20, 2005. DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Time: 1 p.m. to 3 p.m. HUMAN SERVICES Research Support; 93.821, Cell Biology and Agenda: To review and evaluate grant Biophysics Research; 93.859, Pharmacology, applications. National Institutes of Health Physiology, and Biological Chemistry Place: National Institutes of Health, Two Research; 93.862, Genetics and Democracy Plaza, 6707 Democracy Plaza, National Institute of General Medical Developmental Biology Research; 93.88, 6707 Democracy Boulevard, Bethesda, MD Sciences; Amended Notice of Meeting Minority Access to Research Careers; 93.96, 20892, (Telephone Conference Call). Special Minority Initiatives, National Contact Person: Michele L. Barnard, PhD, Notice is hereby given of a change in Institutes of Health, HHS) Scientific Review Administrator, Review the meeting of the National Institute of Dated: June 16, 2005 Branch, DEA, NIDDK, National Institutes of Health, Room 753, 6707 Democracy General Medical Sciences Special Anna Snoufer, Emphasis Panel, June 20, 2005, 6 p.m. Boulevard, (301) 594–8898, Acting Director, Office of Federal Advisory [email protected]. to June 21, 2005, 6 p.m., Bethesda Park Committee Policy. (Catalogue of Federal Domestic Assistance Hotel, 8400 Wisconsin Avenue, [FR Doc. 05–12600 Filed 6–23–05; 8:45 am] Bethesda, MD 20814 which was Program Nos. 93.847, Diabetes, BILLING CODE 4140–01–M Endocrinology and Metabolic Research; published in the Federal Register on 93.848, Digestive Diseases and Nutrition June 3, 2005, 70 FR 32635–36236. Research; 93.849, Kidney Diseases, Urology The meeting will now be held at DEPARTMENT OF HEALTH AND and Hematology Research, National Institutes Holiday Inn Chevy Chase, MD. The HUMAN SERVICES of Health, HHS) meeting is closed to the public. Dated: June 16, 2005. National Institute of Health Dated: June 16, 2005. Anna Snouffer, Anna P. Snouffer, National Institute of Diabetes and Deputy Director, Office of Federal Advisory Acting Director, Office of Federal Advisory Digestive and Kidney Diseases; Notice Committee Policy. Committee Policy. of Closed Meetings [FR Doc. 05–12601 Filed 6–23–05; 8:45 am] [FR Doc. 05–12599 Filed 6–23–05; 8:45 am] BILLING CODE 4141–01–M BILLING CODE 4140–01–M Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND is hereby given of the following HUMAN SERVICES HUMAN SERVICES meetings. The meetings will be closed to the National Institutes of Health National Institutes of Health public in accordance with the provisions set forth in sections National Institute of Diabetes and National Institute of General Medical 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Digestive and Kidney Diseases, Notice Sciences; Notice of Closed Meeting as amended. The grant applications and of Closed Meetings the discussions could disclose Pursuant to section 10(d) of the confidential trade secrets or commercial Pursuant to section 10(d) of the Federal Advisory Committee Act, as property such as patentable material, Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice and personal information concerning amended (5 U.S.C. Appendix 2), notice is hereby given of the following individuals associated with the grant is hereby given of the following meeting. applications, the disclosure of which meetings. The meeting will be closed to the would constitute a clearly unwarranted The meetings will be closed to the public in accordance with the invasion of personal privacy. public in accordance with the provisions set forth in sections provisions set forth in sections Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Diabetes and Digestive and Kidney Diseases 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Special Emphasis Panel Mentored Scientist as amended. The grant applications and the discussions could disclose Training Review Meeting. the discussions could disclose confidential trade secrets or commercial Date: July 7, 2005. confidential trade secrets or commercial property such as patentable material, Time: 4 p.m. to 5 p.m. property such as patentable material, and personal information concerning Agenda: To review and evaluate grant and personal information concerning individuals associated with the grant applications. individuals associated with the grant applications, the disclosure of which Place: National Institutes of Health, Two applications, the disclosure of which would constitute a clearly unwarranted Democracy Plaza, 6707 Democracy would constitute a clearly unwarranted Boulevard, Bethesda, MD 20892, (Telephone invasion of personal privacy. Conference Call). invasion of personal privacy. Name of Committee: Minority Programs Contact Person: John F. Connaughton, Name of Committee: National Institute of Review Committee MBRS Review Ph.D., Scientific Review Administrator, Diabetes and Digestive and Kidney Diseases Subcommittee B. Review Branch, DEA, NIDDK, National Special Emphasis Panel Ancillary Study to Date: July 11–12, 2005. Institutes of Health, Room 757, 6707 Adult Liver Transplantation Clinical Time: 8:30 a.m. to 12 p.m. Democracy Boulevard, Bethesda, MD 20892– Research. Agenda: To review and evaluate grant 5452, (301) 594–7797, Date: July 22, 2005. applications. [email protected]. Time: 2 p.m. to 5 p.m.

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Agenda: To review and evaluate grant Special Emphasis Panel R18 and applications, the disclosure of which applications. Translational Research for the Prevention would constitute a clearly unwarranted Place: National Institutes of Health, Two and Control of Diabetes. invasion of personal privacy. Democracy Plaza, 6707 Democracy Date: July 27, 2005. Boulevard, Bethesda, MD 20892, (Telephone Time: 11 a.m. to 12:30 p.m. Name of Committee: National Institute of Conference Call). Agenda: To review and evaluate grant Diabetes and Digestive and Kidney Diseases Contact Person: Xiaodu Guo, MD, PhD, applications. Special Emphasis Panel Collaborative Scientific Review Administrator, Review Place: National Institutes of Health, Two Studies on Angiogenensis and Diabetic Branch, DEA, NIDDK, National Institutes of Democracy Plaza, 6707 Democracy Complications. Health, Room 705, 6707 Democracy Boulevard, Bethesda, MD 20892, (Telephone Date: July 28, 2005. Boulevard, Bethesda, MD 20892–5452, (301) Conference Call). Time: 8 a.m. to 5 p.m. 496–4724, [email protected]. Contact Person: Robert Wellner, PhD, Agenda: To review and evaluate grant Name of Committee: National Institute of Scientific Review Administrator, Review applications. Diabetes and Digestive and Kidney Diseases Branch, DEA, NIDDK, National Institutes of Place: Bethesda Park Hotel, 8400 Special Emphasis Panel Model Organisms for Health, Room 706, 6707 Democracy Wisconsin Avenue, Bethesda, MD 20814. Obesity. Boulevard, Bethesda, MD 20892–5452, (301) Contact Person: Barbara A. Woynarowska, Date: August 4, 2005. 592–4721, [email protected]. PhD, Scientific Review Administrator, Time: 8 a.m. to 5 p.m. Name of Committee: National Institute of Review Branch, DEA, NIDDK, National Agenda: To review and evaluate grant Diabetes and Digestive and Kidney Diseases Institutes of Health, Room 754, 6707 applications. Special Emphasis Panel Regulation of KLF 4. Democracy Boulevard, Bethesda, MD 20892– Place: Crystal City Marriott, 2899 Jefferson Date: July 29, 2005. 5452, 301–402–7172, Davis Highway, Arlington, VA 22202. Time: 2 p.m. to 4 p.m. [email protected]. Contact Person: Maxine A. Lesniak, MPH, Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Review applications. Program Nos. 93.847, Diabetes, Branch, DEA, NIDDK, National Institutes of Place: National Institutes of Health, Two Endocrinology and Metabolic Research; Health, Room 756, 6707 Democracy Democracy Plaza, 6707 Democracy 93.848, Digestive Diseases and Nutrition Boulevard, Bethesda, MD 20892–5452, (301) Boulevard, Bethesda, MD 20892, (Telehpone Research; 93.849, Kidney Diseases, Urology 594–7792, [email protected]. Conference Call). and Hematology Research, National Institutes (Catalogue of Federal Domestic Assistance Contact Person: Robert Wellner, PhD, of Health, HHS) Program Nos. 93.847, Diabetes, Scientific Review Administrator, Review Endocrinology and Metabolic Research; Branch, DEA, NIDDK, National Institutes of Dated: June 16, 2005. 93.848, Digestive Diseases and Nutrition Health, Room 706, 6707 Democracy Anna Snouffer, Research; 93.849, Kidney Diseases, Urology Boulevard, Bethesda, MD 20892–5452, Deputy Director, Office of Federal Advisory and Hematology Research, National Institutes (301)594–4721, [email protected]. Committee Policy. of Health, HHS) (Catalogue of Federal Domestic Assistance [FR Doc. 05–12604 Filed 6–23–05; 8:45 am] Program Nos. 93.847, Diabetes, Dated: June 16, 2005. BILLING CODE 4140–01–M Endocrinology and Metabolic Research; Anna Snouffer, 93.848, Digestive Diseases and Nutrition Deputy Director, Office of Federal Advisory Research; 93.849, Kidney Diseases, Urology Committee Policy. and Hematology Research, National Institutes DEPARTMENT OF HEALTH AND [FR Doc. 05–12602 Filed 6–23–05; 8:45 am] of Health, HHS) HUMAN SERVICES BILLING CODE 4140–01–M Dated: June 16, 2005, National Institutes of Health Anna Snouffer, Deputy Director, Office of Federal Advisory National Institute of Dental & DEPARTMENT OF HEALTH AND Committee Policy. Craniofacial Research, Notice of HUMAN SERVICES [FR Doc. 05–12603 Filed 6–23–05; 8:45 am] Closed Meetings National Institutes of Health BILLING CODE 4140–01–M Pursuant to section 10(d) of the National Institute of Diabetes and Federal Advisory Committee Act, as Digestive and Kidney Diseases, Notice DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice of Closed Meetings. HUMAN SERVICES is hereby given of the following meetings. National Institutes of Health Pursuant to section 10(d) of the The meetings will be closed to the Federal Advisory Committee Act, as National Institute of Diabetes and public in accordance with the amended (5 U.S.C. Appendix 2), notice provisions set forth in sections is hereby given of the following Digestive and Kidney Diseases; Notice of Closed Meeting 552b(c)(4) and 552b(c)(6). Title 5 U.S.C., meetings. as amended. The grant applications and The meetings will be closed to the Pursuant to section 10(d) of the the discussions could disclose public in accordance with the Federal Advisory Committee Act, as confidential trade secrets or commercial provisions set forth in sections amended (5 U.S.C. Appendix 2), notice property such as patentable material, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of the following and personal information concerning as amended. The grant applications and meeting. individuals associated with the grant the discussions could disclose The meeting will be closed to the applications, the disclosure of which confidential trade secrets or commercial public in accordance with the would constitute a clearly unwarranted property such as patentable material, provisions set forth in sections invasion of personal privacy. and personal information concerning 552b(c)(4) and 552b(c)(6), Title U.S.C., individuals associated with the grant as amended. The grant applications and Name of Committee: National Institute of Dental and Craniofacial Research Special applications, the disclosure of which the discussions could disclose would constitute a clearly unwarranted Emphasis Panel 05–90, Review R21. confidential trade secrets or commercial Date: July 13, 2005. invasion of personal privacy. property such as patentable material, Time: 1 p.m. to 2 p.m. Name of Committee: National Institute of and personal information concerning Agenda: To review and evaluate grant Diabetes and Digestive and Kidney Diseases individuals associated with the grant applications.

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Place: National Institutes of Health, Agenda: To review and evaluate contract Physiology, and Biological Chemistry Natcher Building, 45 Center Drive, Bethesda, proposals. Research; 93.862, Genetics and MD 20892, (Telephone Conference Call). Place: National Institutes of Health, 6100 Developmental Biology Research; 93.88, Contact Person: Rebecca Roper, MS, MPH, Executive Boulevard, Room 5B01, Rockville, Minority Access to Research Careers; 93.96, Scientific Review Administrator, Scientific MD 20852, (Telephone Conference Call). Special Minority Initiatives, National Review Branch, Division of Extramural Contact Person: Hameed Khan, PhD, Institutes of Health, HHS) Research, National Inst of Dental & Scientific Review Administrator, Division of Craniofacial Research, National Institutes of Scientific Review, National Institute of Child Dated: June 17, 2005. Health, 45 Center Dr., room 4AN32E, Health and Human Development, NIH, 6100 Anna P. Snouffer, Bethesda, MD 20892, (301) 451–5096. Executive Blvd., Room 5B01, Bethesda, MD Acting Director, Office of Federal Advisory Name of Committee: National Institute of 20892, (301) 435–6902, [email protected]. Committee Policy. Dental and Craniofacial Research Special (Catalogue of Federal Domestic Assistance Emphasis Panel 05–89, Review R21. Program Nos. 93.864, Population Research; [FR Doc. 05–12607 Filed 6–23–05; 8:45 am] Date: July 20, 2005. 93.865, Research for Mothers and Children; BILLING CODE 4140–01–M Time: 1 p.m. to 2 p.m. 93.929, Center for Medical Rehabilitation Agenda: To review and evaluate grant Research; 93.209, Contraception and applications. Infertility Loan Repayment Program, National DEPARTMENT OF HEALTH AND Place: National Institutes of health, Institutes of Health, HHS) HUMAN SERVICES Natcher Building, 45 Center Drive, Bethesda, Dated: June 17, 2005. MD 20892, (Telephone Conference Call). Contact Person: Rebecca Roper, MS, MPH, Anna P. Snouffer National Institutes of Health Scientific Review Administrator, Scientific Acting Director, Office of Federal Advisory Review Branch, Division of Extramural Committee Policy. National Institute of General Medical Research, National Inst of Dental & [FR Doc. 05–12606 Filed 6–23–05; 8:45 am] Sciences; Notice of Closed Meeting Craniofacial Research, National Institutes of BILLING CODE 4140–01–M Health, 45 Center Dr., room 4AN32E, Pursuant to section 10(d) of the Bethesda, MD 20892, (301) 451–5096. Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice Program Nos. 93.121, Oral Diseases and HUMAN SERVICES is hereby given of the following Disorders Research, National Institutes of meeting. Health, HHS) National Institutes of Health The meeting will be closed to the Dated: June 16, 2005. public in accordance with the Anna Snouffer, National Institute of General Medical Sciences; Notice of Closed Meeting provisions set forth in sections Acting Director, Office of Federal Advisory 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Committee Policy. Pursuant to section 10(d) of the as amended. The grant applications and [FR Doc. 05–12605 Filed 6–23–05; 8:45 am] Federal Advisory Committee Act, as the discussions could disclose BILLING CODE 4149–01–M amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial is hereby given of the following property such as patentable material, meeting. DEPARTMENT OF HEALTH AND and personal information concerning The meeting will be closed to the individuals associated with the grant HUMAN SERVICES public in accordance with the applications, the disclosure of which provisions set forth in sections National Institutes of Health would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(b), Title 5 U.S.C., invasion of personal privacy. National Institute of Child Health and as amended. The grant applications and Human Development; Notice of Closed the discussions could disclose Name of Committee: National Institute of Meeting confidential trade secrets or commercial General Medical Sciences Special Emphasis property such as patentable material, Panel, Membrane Protein Production and Pursuant to section 10(d) of the and personal information concerning Structure Determination. Federal Advisory Committee Act, as individuals associated with the grant Date: July 14–15, 2005. amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which Time: 8 a.m. to 5 p.m. is hereby given of the following would constitute a clearly unwarranted Agenda: To review and evaluate grant meeting. invasion of personal privacy. applications. The meeting will be closed to the Place: Holiday Inn Select Bethesda, 8120 Name of Committee: National Institute of Wisconsin Ave., Bethesda, MD 20814. public in accordance with the General Medical Sciences Special Emphasis provisions set forth in sections Panel NIGMS Initiative for Minority Student Contact Person: C. Craig Hyde, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Development. Scientific Review Administrator, Office of as amended. The contract proposals and Date: July 14–15, 2005. Scientific Review, National Institute of the discussions could disclose Time: 8:30 a.m. to 12 p.m. General Medical Sciences, National Institutes confidential trade secrets or commercial Agenda: To review and evaluate grant of Health, Building 45, Room 3AN18, property such as patentable material, applications. Bethesda, MD 20892. 301–435–3825. and personal information concerning Place: Holiday Inn Select Bethesda, 8120 [email protected]. individuals associated with the contract Wisconsin Ave, Bethesda, MD 20814. (Catalogue of Federal Domestic Assistance Contact Person: Carole H. Latker, PhD, Program Nos. 93.375, Minority Biomedical proposals, the disclosure of which Office of Scientific Review, National Institute would constitute a clearly unwarranted of General Medical Sciences, National Research Support; 93.821, Cell Biology and invasion of personal privacy. Institutes of Health, Natcher Building, Room Biophysics Research; 93.859, Pharmacology, Name of Committee: National Institute of 1AS–13, Bethesda, MD 20892, (301) 594– Physiology, and Biological Chemistry Child Health and Human Development 2848. Research; 93.862, Genetics and Special Emphasis Panel Evaluation of (Catalogue of Federal Domestic Assistance Developmental Biology Research; 93.88, Colposcopy for Use in Vaginal Product Program Nos. 93.375, Minority Biomedical Minority Access to Research Careers; 93.96, Development. Research Support; 93.821, Cell Biology and Special Minority Initiatives, National Time: 12 p.m. to 1 p.m. Biophysics Research; 93.859, Pharmacology, Institutes of Health, HHS)

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Dated: June 17, 2005 limitations imposed by the review and at http://dms.dot.gov and the Anna P. Snouffer, funding cycle. application form is also available at Acting Director, Office of Federal Advisory Name of Committee: Center for Scientific http://www.uscg.mil/hq/g-m/advisory/ Committee Policy. Review Special Emphasis Panel Infection, index.htm. Accessory Cells and Immunity Special [FR Doc. 05–12609 Filed 6–23–05; 8:45 am] Emphasis Panel. FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 4140–01–M Date: June 22, 2005. John Bobb; Assistant Executive Director Time: 2 p.m. to 5 p.m. of NAVSAC, telephone 202–267–2384, Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND applications. fax 202–267–4700, or e-mail HUMAN SERVICES Place: Holiday Inn Georgetown, 2101 [email protected]. Wisconsin Avenue, NW., Washington, DC SUPPLEMENTARY INFORMATION: National Institutes of Health 20007. The Contact Person: Patrick K. Lai, PhD, Navigation Safety Advisory Council Center For Scientific Review, Notice of Scientific Review Administrator, Center for (NAVSAC) is a Federal advisory Closed Meetings Scientific Review, National Institutes of committee under 5 U.S.C. App. 2. It Health, 6701 Rockledge Drive, Room 2215, advises the Secretary on matters relating Pursuant to section 10(d) of the MSC 7812, Bethesda, MD 20892, (301) 435– to prevention of collisions, groundings, Federal Advisory Committee Act, as 1052, [email protected]. and rammings. This includes but is not amended (5 U.S.C. Appendix 2), notice This notice is being published less than 15 limited to: Inland and International is hereby given of the following days prior to the meeting due to the timing Rules of the Road, navigation meetings. limitations imposed by the review and funding cycle. regulations and equipment, routing The meetings will be closed to the measures, marine information, diving public in accordance with the (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; safety, and aids to navigation systems. provisions set forth in sections 93.333, Clinical Research, 93.306, 93.333, This advice also assists the Coast Guard 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 93.337, 93.393–93.396, 93.837–93.844, in formulating the position of the as amended. The grant applications and 93.846–93.878, 93.892, 93.893, National United States in advance of meetings of the discussions could disclose Institutes of Health, HHS). the International Maritime Organization. confidential trade secrets or commercial Dated: June 17, 2005 NAVSAC meets at least twice a year property such as patentable material, Anna P. Snouffer, at Coast Guard Headquarters, and personal information concerning Washington, DC, or another location individuals associated with the grant Acting Director, Office of Federal Advisory Committee Policy. selected by the Coast Guard. It may also applications, the disclosure of which meet for extraordinary purposes. Its would constitute a clearly unwarranted [FR Doc. 05–12608 Filed 6–23–05; 8:45 am] working groups may meet to consider invasion of personal privacy. BILLING CODE 4140–01–M specific problems as required. We will Name of Committee: Center for Scientific consider applications for eight positions Review Special Emphasis Panel DEPARTMENT OF HOMELAND that are vacant or whose terms will Bioengineering Research Partnerships. expire in November 2005 as follows: Date: June 20, 2005. SECURITY Time: 2 p.m. to 5 p.m. three members who are recognized Agenda: To review and evaluate grant Coast Guard experts and leaders in organizations having an active interest in Rules of the applications. [USCG–2005–21609] Place: National Institutes of Health, 6701 Road and vessel and port safety; two Rockledge Drive, Bethesda, MD 20892, Navigation Safety Advisory Council; members with an interest in maritime (Telephone Conference Call). Vacancies law (individuals selected for these two Contact Person: Syed M. Quadri, PhD, categories should reflect a geographical Scientific Review Administrator, Center for AGENCY: Coast Guard, DHS. balance); one member who is a federal Scientific Review, National Institutes of or state official with responsibility for Health, 6701 Rockledge Drive, Room 6210, ACTION: Request for applications. MSC 7804, Bethesda, MD 20892, (301) 435– vessel and port safety; one member from SUMMARY: 1211, [email protected]. The Coast Guard seeks recreational boating; and one member This notice is being published less than 15 applications for membership on the representing professional mariners. To days prior to the meeting due to the timing Navigation Safety Advisory Council be eligible, applicants should have limitations imposed by the review and (NAVSAC). NAVSAC provides advice particular expertise, knowledge, and funding cycle. and makes recommendations to the experience in the Inland and Name of Committee: Center for Scientific Secretary on matters relating to International Rules of the Road, Aids to Review Special Emphasis Panel prevention of collisions, groundings, Navigation, Navigation Safety Neuroscience SBIRs SEPS. and rammings. Equipment, Vessel Traffic Service, Date: June 21, 2005. DATES: Application forms should reach Traffic Separation Schemes and Vessel Time: 2 p.m. to 4 p.m. Routing. Each member serves for a term Agenda: To review and evaluate grant us on or before September 1, 2005. applications. ADDRESSES: You may request an of up to three years. A few members Place: National Institutes of Health, 6701 application form by writing to NAVSAC may serve consecutive terms. All Rockledge Drive, Bethesda, MD 20892, Application, Commandant (G-MW), members serve at their own expense but (Telephone Conference Call). Room 1406, U.S. Coast Guard, 2100 receive reimbursement for travel and Contact Person: Bernard F. Driscoll, PhD, Second Street, SW., Washington, DC per diem expenses from the Federal Scientific Review Administrator, Center for 20593–0001; by calling 202–267–2384; Government. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5184, or by faxing 202–267–4700. Send your In support of the policy of the MSC 7844, Bethesda, MD 20892, (301) 435– original completed and signed Department of Homeland Security on 1242, [email protected]. application in written form to the above gender and ethnic diversity, we This notice is being published less than 15 street address. This notice and the encourage qualified women and days prior to the meeting due to the timing application are available on the Internet members of minority groups to apply.

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Dated: June 17, 2005. Manager, Docket Operations, telephone Act until regulations are issued and in Howard L. Hime, 202–366–0271. effect. Acting Director of Standards, Marine Safety, SUPPLEMENTARY INFORMATION: 3. What is the Coast Guard doing in Security and Environmental Protection. the interim? On February 4, 2005, we Background and Purpose [FR Doc. 05–12539 Filed 6–23–05; 8:45 am] published Navigation and Vessel BILLING CODE 4910–15–P The Coast Guard and Maritime Information Circular 01–05 (NVIC 01– Transportation Act of 2004 (Pub. L. 05) entitled ‘‘Interim Guidance for the 108–293) (2004 Act), in section 701, Development and Review of Response DEPARTMENT OF HOMELAND requires owners and operators of Plans for Nontank Vessels.’’ The NVIC SECURITY nontank vessels to prepare and submit is available at http://www.uscg.mil/hg/g- to the Coast Guard plans for responding m/nvic or in the docket for this notice Coast Guard to a worst case discharge, and to a (See ‘‘Viewing comments and [USCG–2005–21610] substantial threat of such a discharge, of documents’’ below.). It provides oil from their vessels. The 2004 Act also guidance to owners and operators of Nontank Vessel Oil Response Plans mandates that the Coast Guard issue nontank vessels for preparing and regulations requiring the submission of submitting plans to the Coast Guard and AGENCY: Coast Guard, DHS. the plans. This legislation raises the is not itself enforceable by the Coast ACTION: Notice and Request for following questions. Guard. Comments. 1. What is the size of the affected NVIC 01–05 describes a voluntary vessel population? One issue raised by process for submitting response plans SUMMARY: This notice informs the public the 2004 Act significantly affects the and for obtaining interim authorization of issues related to recent legislation size of the population of vessels subject letters from the Coast Guard. As the requiring owners and operators of to the Act. The Act defines a ‘‘nontank issue of vessel population is yet to be nontank vessels to prepare plans for vessel’’ as a self-propelled vessel of 400 resolved, the NVIC explains that the Act responding to discharges of oil from gross tons as measured under 46 U.S.C. does not exempt vessels that have not their vessels. These issues include 14302 (the Convention measurement been measured under the Convention questions on the size of the population system) or greater, other than a tank measurement system. These vessels are of vessels affected and enforcement of vessel, that carries oil of any kind as referred to in the NVIC as those that the legislation by the Coast Guard. The fuel for main propulsion and that is a have not been issued an International notice also discusses Coast Guard’s vessel of the United States or that Tonnage Certificate (ITC). However, an efforts to engage the regulated operates on the navigable waters of the ITC is not always issued when a vessel community at the earliest stages and to United States. Accordingly, the Act is measured under the Convention encourage early public participation in applies to vessels that are 400 gross tons measurement system; a U.S. Tonnage the process of responding to this new as measured under 46 U.S.C. 14302 and Certificate may be used instead to reflect legislation. to vessels that would be 400 gross tons tonnage measurement under the DATES: Comments and related material if measured under 46 U.S.C. 14302. The Convention measurement system. The must reach the Docket Management Act does not specify how it applies to Coast Guard considers owners of vessels Facility on or before September 22, vessels which do not have a current not measured under the Convention 2005. measurement under the Convention measurement system subject to the Act measurement system (i.e., those vessels if there is no question that the vessel ADDRESSES: You may submit comments measured only under the regulatory would be 400 gross tons if measured identified by Coast Guard docket measurement system under 46 U.S.C. under 46 U.S.C. 14302. To be prudent, number USCG–2005–21610 to the 14502). It is unclear whether any we would advise owners of vessels not Docket Management Facility at the U.S. relationship was intended between a measured under the Convention Department of Transportation. To avoid vessel’s tonnage and the quantity of oil measurement system that a vessel’s duplication, please use only one of the it is capable of carrying. These are tonnage measured under the regulatory following methods: issues that must be addressed during the measurement system is generally less (1) Web site: http://dms.dot.gov. rulemaking process and on which we than that vessel’s tonnage measured (2) Mail: Docket Management Facility, particularly welcome your advice. under the Convention system. U.S. Department of Transportation, 400 2. When will the 2004 Act be enforced Therefore, it is likely that vessels of or Seventh Street, SW., Washington, DC by the Coast Guard? The 2004 Act near 400 gross register tons when 20590–0001. requires that the response plans be measured under the regulatory (3) Fax: 202–493–2251. prepared and submitted by August 9, measurement system will be subject to (4) Delivery: Room PL–401 on the 2005 (i.e., one year after the enactment the response plan requirements of the Plaza level of the Nassif Building, 400 of the 2004 Act). In addition, the Act Act. Disparities between the two Seventh Street, SW., Washington, DC, requires the President (Coast Guard) to measurement systems and the between 9 a.m. and 5 p.m., Monday issue regulations requiring the applicability of the Act to vessels through Friday, except Federal holidays. submission of plans. Because of the measured under the regulatory The telephone number is 202–366– length of time needed to provide the measurement system would need to be 9329. necessary opportunity for, and addressed during the rulemaking FOR FURTHER INFORMATION CONTACT: If consideration of, public comments, final process. Although we will not know you have questions on this notice, regulations may not be in effect on that precisely which vessels must comply please contact Lieutenant Eric A. Bauer, date. This raises the question of whether with the response plan requirements Project Manager, Office of Response (G– the Coast Guard intends to enforce the until rulemaking is complete, vessels MOR–2), U.S. Coast Guard Act—specifically the nontank vessel not measured under the Convention Headquarters, telephone 202–267–6714. response plan submission measurement system, whether they are If you have questions on viewing or requirement—if it does not have 400 gross register tons under the submitting material to the docket, call regulations in place on August 9, 2005. regulatory measurement system or not, Ms. Andrea M. Jenkins, Program The Coast Guard will not enforce the may ultimately be covered under the

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regulations. Therefore, vessel owners Dated: June 20, 2005. DEPARTMENT OF THE INTERIOR and operators who want to secure T.H. Gilmour, interim authorization letters because Rear Admiral, U.S. Coast Guard, Assistant Fish and Wildlife Service they believe their vessels may be Commandant for Marine Safety, Security and covered by the response plan Final Comprehensive Conservation Environmental Protection. Plan and Environmental Assessment regulations are highly encouraged to use [FR Doc. 05–12541 Filed 6–23–05; 8:45 am] the voluntary interim authorization for the Detroit River International BILLING CODE 4910–15–P process under NVIC 01–05. Wildlife Refuge (IWR), Wayne and Monroe Counties, MI Request for Comments AGENCY: Fish and Wildlife Service, This notice, as well as the NVIC, is DEPARTMENT OF HOUSING AND Interior. part of the Coast Guard’s effort to engage URBAN DEVELOPMENT ACTION: Notice of availability. the public at the outset of our efforts to carry out the response plan provisions SUMMARY: The U.S. Fish and Wildlife of the 2004 Act. Therefore, we [Docket No. FR–4980–N–25] Service announces that the Final encourage you to submit comments on Comprehensive Conservation Plan Federal Property Suitable as Facilities this notice and on the subject in general (CCP) and Environmental Assessment that it addresses. All comments received to Assist the Homeless (EA) is available for Detroit River IWR, will be posted, without change, to http:/ Michigan. The CCP was prepared AGENCY: Office of the Assistant /dms.dot.gov and will include any pursuant to the National Wildlife Refuge personal information you have Secretary for Community Planning and System Administration Act of 1966, as provided. We have an agreement with Development, HUD. amended by the National Wildlife the Department of Transportation (DOT) ACTION: Notice. Refuge System Improvement Act of to use the Docket Management Facility. 1997, and the National Environmental Please see DOT’s ‘‘Privacy Act’’ SUMMARY: This Notice identifies Policy Act of 1969. Goals and objectives paragraph below. unutilized, underutilized, excess, and in the CCP describe how the agency Submitting comments: If you submit a surplus Federal property reviewed by intends to manage the Refuge over the comment, please include your name and HUD for suitablity for possible use to next 15 years. address, identify the docket number for assist the homeless. ADDRESSES: Copies of the Final CCP are this notice (USCG–2005–21610) and available on compact disk or hard copy. give the reason for each comment. You EFFECTIVE DATE: June 24, 2005. You may access and download a copy may submit your comments by FOR FURTHER INFORMATION CONTACT: via the planning Web site (http:// electronic means, mail, fax, or delivery Kathy Ezzell, Department of Housing www.fws.gov/midwest/planning/ to the Docket Management Facility at detroitriver/index.html) or you may and Urban Development, Room 7262, the address under ADDRESSES; but obtain a copy by writing to the 451 Seventh Street SW, Washington, DC please submit your comments by only following address: U.S. Fish and 20410; telephone (202) 708–1234; TTY one means. If you submit them by mail Wildlife Service, Division of or delivery, submit them in an unbound number for the hearing- and speech- Conservation Planning, Bishop Henry impaired (202) 708–2565, (these format, no larger than 81⁄2 by 11 inches, Whipple Federal Building, 1 Federal suitable for copying and electronic telephone numbers are not toll-free), or Drive, Fort Snelling, Minnesota 55111. filing. If you submit them by mail and call the toll-free Title V information line FOR FURTHER INFORMATION CONTACT: John would like to know that they reached at 1–800–927–7588. Hartig at (734) 692–7608. the Facility, please enclose a stamped, SUPPLEMENTARY INFORMATION: In SUPPLEMENTARY INFORMATION: The self-addressed postcard or envelope. We accordance with the December 12, 1988 approved boundary of the Detroit River will consider all comments received court order in National Coalition for the IWR is located along 42 miles of the during the comment period. Homeless v. Veterans Administration, lower Detroit River and Michigan’s Lake Viewing comments and documents: No. 88–2503–OG (D.D.C.), HUD Erie shoreline to the Ohio state border. To view comments, go to http:// publishes a Notice, on a weekly basis, The Refuge was established by dms.dot.gov at any time and conduct a identifying unutilized, underutilized, legislation in December 2001 and ‘‘Simple Search’’ using the docket excess and surplus Federal buildings expanded in May 2003. Refuge number. You may also visit the Docket and real property that HUD has ownership is currently small and Management Facility in room PL–401 limited to several islands in the Detroit on the Plaza level of the Nassif Building, reviewed for suitability for use to assist the homeless. Today’s Notice is for the River and two coastal parcels in Monroe 400 Seventh Street, SW., Washington, County. DC, between 9 a.m. and 5 p.m., Monday purpose of announcing that no The National Wildlife Refuge System through Friday, except Federal holidays. additional properties have been Administration Act of 1966, as amended Privacy Act: Anyone can search the determined suitable or unsuitable this by the National Wildlife Refuge System electronic form of all comments week. Improvement Act of 1997 (16 U.S.C. received into any of our dockets by the Dated: June 16, 2005. 668dd-668ee et seq) requires a CCP. The name of the individual submitting the Mark R. Johnston, purpose in developing CCPs is to comment (or signing the comment, if Director, Office of Special Needs Assistance provide refuge managers with a 15-year submitted on behalf of an association, Programs. strategy for achieving Refuge purposes business, labor union, etc.). You may and contributing toward the mission of [FR Doc. 05–12241 Filed 6–23–05; 8:45 am] review the Department of the National Wildlife Refuge System, Transportation’s Privacy Act Statement BILLING CODE 4210–29–M consistent with sound principles of fish in the Federal Register published on and wildlife management, conservation, April 11, 2000 (65 FR 19477), or you legal mandates, and Service policies. In may visit http://dms.dot.gov. addition to outlining broad management

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direction for conserving wildlife and on June 1, 2005. This notice will The application will be processed in their habitats, the CCPs identify continue the closure for another year, to accordance with the provisions of the wildlife-dependent recreational remain in effect through June 1, 2006. Mineral Leasing Act of 1920, as opportunities available to the public, Effective Dates: This extension of amended (30 U.S.C. 181, et seq.), and including opportunities for hunting, closure is effective June 1, 2005, and the implementing regulations at 43 CFR fishing, wildlife observation and shall remain effective until June 1, 2006. part 3400. A decision to allow leasing of photography, and environmental FOR FURTHER INFORMATION CONTACT: the coal reserves in said tract will result education and interpretation. We will Dennis Thompson, Burley Field Office, in a competitive lease sale to be held at review and update these CCPs at least 200 South 15 East, Burley, ID 83318. a time and place to be announced every 15 years in accordance with the Telephone (208) 677–6641. through publication pursuant to 43 CFR National Wildlife Refuge System SUPPLEMENTARY INFORMATION: The part 3422. Administration Act of 1966, as amended public lands affected by this closure are FOR FURTHER INFORMATION CONTACT: by the National Wildlife Refuge System all lands administered by the BLM Rebecca Sprugin, Coal Coordinator, at Improvement Act of 1997, and the within T. 15 S., R. 24 E., Sec. 8, Boise telephone 406–896–5080, Bureau of National Environmental Policy Act of Meridian. This area is known as Castle Land Management, Montana State 1969 (42 U.S.C. 4321–4370d). Rocks State Park and Castle Rocks Inter- Office, 5001 Southgate Drive, P.O. Box The major focus of the Refuge for the Agency Recreation Area. A closure 36800, Billings, Montana 59107–6800. next 15 years will be building a refuge notice including time periods will be SUPPLEMENTARY INFORMATION: Decker land base, programs, and staff primarily posted near the entry point at the Castle Coal Company is the operator of the through partnerships and cooperative Rocks Ranch House. West Decker Mine. The entire area agreements with landowners and local Authority: This notice is issued under the included within this lease application non-government organizations. The lies within the West Decker Mine Refuge’s key biological focus will be authority of the 43 CFR 8364.1. Violations of this closure are punishable by a fine not to SMP87001C permit area. conserving and enhancing remnant exceed $1,000 or imprisonment not to exceed The area applied for would be mined coastal wetlands and island habitats for 12 months. as an extension of the West Decker Mine the benefit of the migratory birds, and would utilize the same methods as Persons who are administratively especially diving waterfowl. A modest those currently being used. The lease exempt from the closure contained in visitor services program is proposed on being applied for can extend the life of this notice include: any Federal, State or existing Refuge lands. Grassy Island is the mine by about 1 year and enable local officer or employee acting within closed due to safety concerns and Mud recovery of coal that might never be the scope of their duties, members of and Calf Islands can only be reached mined if not mined as a logical any organized rescue or fire-fighting using watercraft. However, public extension of current pits. programs could expand if a shared force in the performance of an official Notice of Availability: The application visitor center is built adjacent to the duty, and any person holding written is available for review between the Refuge’s Humbug Marsh. authorization from the BLM. hours of 9 a.m. and 4 p.m. at the Bureau Dated: December 2, 2004. Dated: May 18, 2005. of Land Management, Montana State Charles M. Wooley, Wendy Reynolds, Office, 5001 Southgate Drive, Billings, Acting Regional Director, U.S. Fish and Burley Field Manager. Montana 59101, and at the Bureau of Wildlife Service, Ft. Snelling, Minnesota. [FR Doc. 05–12476 Filed 6–23–05; 8:45 am] Land Management, Miles City Field [FR Doc. 05–12501 Filed 6–23–05; 8:45 am] BILLING CODE 4310–GG–P Office, 111 Garryowen Road, Miles City, Montana, 59301–0940, between the BILLING CODE 4310–55–P hours of 8 a.m. and 4 p.m. DEPARTMENT OF THE INTERIOR March 30, 2005. DEPARTMENT OF THE INTERIOR Randy D. Heuscher, Bureau of Land Management Chief, Branch of Solid Minerals. Bureau of Land Management [MT–921–05–1320–EL–P; MTM 94393] [FR Doc. 05–12474 Filed 6–23–05; 8:45 am] [ID–220–1220–MA] Notice of Coal Lease Application— BILLING CODE 4310–88–M Notice of Continuation of Temporary MTM 94393—Decker Coal Company Closure of Castle Rocks State Park AGENCY: Bureau of Land Management, DEPARTMENT OF THE INTERIOR and Castle Rocks Inter-Agency Interior. Recreation Area near Almo, ID Bureau of Land Management ACTION: Notice. AGENCY: Bureau of Land Management, [WO–350–1430–PN] Interior. SUMMARY: Notice of Decker Coal Company’s Coal Lease Application Notice of Availability of the Final ACTION: Notice. MTM 94393 for certain coal resources Programmatic Environmental Impact Statement on Wind Energy SUMMARY: The Bureau of Land within the Powder River Coal Region. Development on BLM-Administered Management announces the The land included in Coal Lease Lands in the Western United States, continuation of temporary closure of Application MTM 94393 is located in Including Proposed Amendments to certain public lands in Cassia County. Big Horn County, Montana, and is Selected Land Use Plans This closure prohibits bolting and described as follows: placement of fixed anchors to rocks, and T. 9 S., R. 40 E., P.M.M. AGENCY: Bureau of Land Management. 1 1 overnight camping. This is to allow Sec. 5: SE ⁄4SE ⁄4 SUMMARY: In accordance with the 1 1 1 further time for analysis of a fixed Sec. 8: NW ⁄4NE ⁄4NE ⁄4 National Environmental Policy Act of anchor management plan. The 49.60-acre tract contains an 1969 (NEPA) and the Federal Land DATES: A temporary closure in this area estimated 4 million tons of recoverable Policy and Management Act of 1976, the is now in place, currently set to expire coal reserves. Bureau of Land Management (BLM) has

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prepared a Final Programmatic program to address wind energy amendment in Arizona or California as Environmental Impact Statement (PEIS) development on BLM-administered part of the Final PEIS; ongoing and for wind energy development in eleven lands. The policies and BMPs future land use plan amendments in western states, excluding Alaska, that developed under the proposed Wind these states will address wind energy also proposes to amend 52 land use Energy Development Program would development where developable wind plans. establish minimum requirements for resources are present. DATES: BLM land use planning management of individual wind energy The Draft Programmatic regulations (43 CFR 1610.5–2) state that projects. The proposed policies identify Environmental Impact Statement on any person who participated in the management objectives and address the Wind Energy Development on BLM- planning process, and has an interest administration of wind energy Administered Lands in the Western that may be adversely affected, may development activities. The proposed United States was made available for protest. The protest must be filed within BMPs identify required mitigation public review and comment from 30 days of the date that the measures that would need to be September 10, 2004, to December 10, Environmental Protection Agency incorporated into project-specific wind 2004. The Draft PEIS was posted on the publishes this notice in the Federal energy development proposals. In project Web site at http:// Register. Instructions for filing of addition, the proposed action would windeis.anl.gov and provided on request protests are described in the ‘‘Dear amend 52 BLM land use plans. The as a CD or printed document. More than Reader’’ letter in the front of the Final proposed land use plan amendments 120 individuals and organizations Programmatic Environmental Impact include: (1) the adoption of participated in the public comment Statement on Wind Energy programmatic wind energy development process, including more than 60 Development on BLM-Administered policies and BMPs and (2) identification recognized organizations (public and Lands in the Western United States and of specific areas where wind energy private). About 77% of the documents are included in the SUPPLEMENTARY development would not be allowed. The were received via the project Web site INFORMATION section of this notice. purpose of the proposed land use plan and 23% were received via regular mail. On the basis of comment categorization, FOR FURTHER INFORMATION CONTACT: Ray amendments is to facilitate preparation approximately 718 individual Brady, Group Manager, Lands and and consideration of potential wind energy development ROW applications comments were identified. Realty (WO–350), Bureau of Land Volume 3 of the Final PEIS contains Management, 1849 C St., NW., Mail on BLM-administered lands, but not to eliminate the need for site-specific the public comments on the Draft PEIS Stop 1000 LS, Washington, DC 20240. and the BLM’s responses. Public Ph: 202–452–7773. analysis of individual development proposals. comments addressed a broad range of SUPPLEMENTARY INFORMATION: The BLM issues. About 31% of the comments prepared the Final Programmatic The following Resource Management were categorized as addressing Environmental Impact Statement on Plan (RMP) and Management ecological issues, including monitoring Wind Energy Development on BLM- Framework Plan (MFP) land use plans, and mitigation; 21% addressed policy Administered Lands in the Western itemized in Appendix C of the Final issues; 17% addressed avian issues, United States to (1) assess the PEIS, are proposed for amendment: 10% addressed bat issues; 8% environmental, social, and economic Colorado: Royal Gorge RMP and San addressed issues related to the scope of impacts associated with wind energy Luis RMP; Idaho: Cascade RMP, Challis the PEIS and the alternatives evaluated; development on public lands in eleven RMP, Jarbridge RMP, Kuna MFP, Lemhi 6% addressed sage-grouse issues; 6% western states (excluding Alaska) and RMP, Owyhee RMP, and Twin Falls addressed transmission issues; and 4% (2) evaluate a number of alternatives to MFP; Montana: Billings RMP, Garnet of the comments addressed land use determine the best management RMP, Headwaters RMP, Judith-Valley- issues. The remainder of the issues were approach to mitigating potential impacts Phillips RMP, and West HiLine RMP; divided across a number of topics (each and facilitating wind energy Nevada: Elko RMP, Las Vegas RMP, comprising less than 3% of the total), development. The Final PEIS analyzes Paradise-Denio MFP, Shoshone-Eureka including engineering, cumulative three alternatives for managing wind RMP, Sonoma-Gerlach MFP, Tonopah impacts, cultural resources, economics, energy development on BLM- RMP, and Wells RMP; New Mexico: visual impacts, wind resource modeling administered lands. The alternatives Carlsbad RMP, Mimbres RMP, Roswell approach, noise, regulatory issues, are: (1) The proposed action, which RMP, and White Sands RMP; Oregon: water, waste, air quality, geology, and would implement a Wind Energy Andrews/Steens RMP (currently being transportation issues. (The percentages Development Program, establish revised to replace the Andrews MFP total more than 100% because many of policies and best management practices and revise part of the Three Rivers the comments can be categorized under (BMPs) for wind energy right-of-way RMP), Brothers/La Pine RMP, Coos Bay more than one key issue). Public (ROW) authorizations, and amend 52 RMP, Eugene RMP, John Day RMP, comments on the Draft PEIS, including BLM land use plans; (2) the no action Medford RMP, Salem RMP, Southeast the proposed land use plan alternative, which would allow Oregon RMP, Three Rivers RMP, Two amendments, and internal BLM review continued wind energy development Rivers RMP, and Upper Deschutes RMP comments were incorporated into the under the terms and conditions of the (currently being revised to replace a Final PEIS. Public comments resulted in BLM Interim Wind Energy Development portion of the Brothers/LaPine RMP); the addition of clarifying text, but did Policy, and (3) a limited wind energy Utah: Cedar-Beaver-Garfield-Antimony not significantly change the proposed development alternative, which would RMP, Escalante MFP, Paria MFP, action or proposed land use plan allow wind energy development only in Pinyon MFP, Randolf MFP, St. George amendments. selected locations. The proposed action RMP, Vermillion MFP, and Zion MFP; Government-to-Government to implement a Wind Energy Washington: Spokane RMP; Wyoming: consultation regarding potential wind Development Program is the BLM’s Buffalo RMP, Cody RMP, Grass Creek energy development and land use plan preferred alternative. RMP, Green River RMP, Lander RMP, amendments on BLM-administered As stated above, the proposed action New Castle RMP, and Washakie RMP. lands was conducted with Tribal would establish a comprehensive No land use plans are proposed for entities whose interests might be

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directly and substantially affected. The conditions, the e-mail or faxed protest DEPARTMENT OF THE INTERIOR Tribal entities contacted are listed in will be considered as an advance copy Chapter 7 in the Final PEIS. and it will receive full consideration. If Bureau of Land Management The U.S. Department of Energy (DOE) you wish to provide such advance cooperated with the BLM in preparation notification, please direct faxed protests [MT–020–1020–PK] of the PEIS. In addition, the BLM to the attention of the BLM protest consulted with other federal agencies coordinator at 202–452–5112, and e- Notice of Public Meeting, Eastern during preparation of the Draft and mails to Brenda_Hudgens- Montana Resource Advisory Council Final PEIS, including the U.S. Fish and [email protected]. Meeting Wildlife Service (USFWS), U.S. Air Please direct the follow-up letter to Force, and agency representatives to the AGENCY: Bureau of Land Management, Federal Energy Resources Network. In the appropriate address provided below. Interior. accordance with a memorandum of The protest must contain: agreement between the BLM and the ACTION: Notice of public meeting. a. The name, mailing address, USFWS, the BLM is consulting with the telephone number, and interest of the USFWS regarding the proposed land use SUMMARY: In accordance with the plan amendments. These consultations person filing the protest. Federal Land Policy and Management will be conducted in accordance with b. A statement of the specific land use Act (FLPMA) and the Federal Advisory the requirements of Section 7 of the plan(s) by name and the amendment(s) Committee Act of 1972 (FACA), the U.S. Endangered Species Act (16 U.S.C. being protested. Department of the Interior, Bureau of 1536) and are expected to result in the c. A copy of all documents addressing Land Management (BLM), Eastern issuance of a programmatic biological the issue(s) that the protesting party Montana Resource Advisory Council assessment and biological opinion. will meet as indicated below. In addition, the BLM initiated submitted during the NEPA/planning activities to coordinate and consult with process or a statement of the date they DATES: A meeting will be held July 20, the governors of each of the eleven were discussed for the record. 2005, at the Wyoming Game and Fish western states addressed in the PEIS d. A concise statement explaining Department, 700 Valley View Drive, and with state agencies. Prior to the why the protestor believes the proposed Sheridan, Wyoming, beginning at 8 a.m. issuance of a record of decision and land use plan amendment(s) is wrong. The public comment period will begin approval of proposed land use plan All protests must be in writing and at 11:30 a.m. amendments, the governor of each state mailed to the following address: SUPPLEMENTARY INFORMATION: The 15- will be given the opportunity to identify any inconsistencies between the Regular Mail: Bureau of Land member Council advises the Secretary proposed land use plan amendments Management, Director (210), Attention: of the Interior, through the Bureau of and state or local plans and to provide Brenda Williams, P.O. Box 66538, Land Management, on a variety of recommendations in writing during the Washington, DC 20035. planning and management issues associated with public land 60-day consistency review period Overnight Mail: Bureau of Land required by the BLM land use planning management in eastern Montana. All Management, Director (210), Attention: meetings are open to the public. The regulations (43 CFR 1610.3–2). Brenda Williams, 1620 L Street, NW., Copies of the Final Programmatic public may present written comments to Suite 1075, Washington, DC 20036. Environmental Impact Statement on the Council. Each formal Council Wind Energy Development on BLM- Individual respondents may request meeting will also have time allocated for Administered Lands in the Western confidentiality. If you wish to withhold hearing public comments. Depending on United States, including the proposed your name or street address from public the number of persons wishing to land use plan amendments (Appendix review or from disclosure under the comment and time available, the time C), have been sent to the Environmental Freedom of Information Act, you must for individual oral comments may be Protection Agency, DOI Office of state this prominently at the beginning limited. Individuals who plan to attend Environmental Policy and Compliance, of your written comment. Such requests and need special assistance, such as DOI Library, and the governors office in will be honored to the extent allowed by sign language interpretation, or other each of the eleven western states. Copies law. All submissions from organizations reasonable accommodations, should of the Final PEIS are available at the and businesses, and from individuals contact the BLM as provided below. The BLM State Offices in the eleven western identifying themselves as Council will hear updates on the Miles states and the BLM Washington Office, representatives or officials of City Resource Management Plan, Public Affairs Office. Interested persons organizations or businesses, will be coalbed natural gas, and other issues. may also review the Final PEIS and available for public inspection in their proposed land use plan amendments on FOR FURTHER INFORMATION CONTACT: entirety. the Internet at http://windeis.anl.gov. Mary Apple, Resource Advisory Council Instructions for filing a protest A decision shall be rendered Coordinator, Montana State Office, 5001 regarding the proposed land use plan promptly on the protest. The decision Southgate Drive, Billings, Montana, amendments may be found at 43 CFR will be in writing and will be sent to the 59101, telephone 406–896–5258 or 1610.5. A protest may only raise those protesting party by certified mail, return Sandra S. Brooks, Field Manager, issues which were submitted for the receipt requested. Billings Field Office, telephone 406– record during the NEPA/planning 896–5013. Dated: May 13, 2005. process. E-mail and faxed protests will Dated: June 20, 2005. not be accepted as valid protests unless Ray Brady, the protesting party also provides the Group Manager, Lands and Realty. Sandra S. Brooks, original letter by either regular or [FR Doc. 05–12475 Filed 6–23–05; 8:45 am] Field Manager. overnight mail postmarked by the close BILLING CODE 4310–JB–P [FR Doc. 05–12634 Filed 6–23–05; 8:45 am] of the protest period. Under these BILLING CODE 4310–$$–P

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DEPARTMENT OF THE INTERIOR area. The withdrawal application is, DEPARTMENT OF THE INTERIOR therefore, cancelled. Bureau of Land Management Authority: 43 CFR 2310.2–1(c). National Park Service [MTM 91063] Dated: March 16, 2005. Fire Management Plan, Final Howard A. Lemm, Environmental Impact Statement, Cancellation of Proposed Withdrawal; Deputy State Director, Division of Resources. Chiricahua National Monument, Montana [FR Doc. 05–12587 Filed 6–23–05; 8:45 am] Arizona AGENCY: Bureau of Land Management, BILLING CODE 3410–11–P AGENCY: National Park Service, Interior. Department of the Interior. ACTION: Notice. DEPARTMENT OF THE INTERIOR ACTION: Notice of Availability of the SUMMARY: The United States Forest Final Environmental Impact Statement Service canceled its application to National Park Service for the Fire Management Plan, withdraw 2,173 acres of land from Chiricahua National Monument. Minor Boundary Revision at Biscayne location and entry under the United National Park SUMMARY: Pursuant to National States mining laws during completion of Environmental Policy Act of 1969, 42 reclamation activities. AGENCY: National Park Service, Interior. U.S.C. 4332(C), the National Park DATES: Effective June 24, 2005. Service announces the availability of a ACTION: Announcement of park Final Environmental Impact Statement FOR FURTHER INFORMATION CONTACT: boundary revision. Sandra Ward, Bureau of Land for the Fire Management Plan, Chiricahua National Monument, Management, Montana State Office, P.O. SUMMARY: Notice is given that the Arizona. Box 36800, Billings, Montana 59107– boundary of the Biscayne National Park 6800, 406–896–5052. has been revised pursuant to the Acts as DATES: The National Park Service will SUPPLEMENTARY INFORMATION: Notice of specified below, to encompass lands execute a Record of Decision (ROD) no the filing by the United States Forest depicted on Drawing 169/80,001, sooner than 30 days following Service of a withdrawal application Segment 104, Biscayne National Park, publication by the Environmental with respect to the following described revised February 14, 2005, prepared by Protection Agency of the Notice of lands was published in the Federal the National Park Service. The revision Availability of the Final Environmental Register on September 24, 2001: to the boundary includes tract 104–16, Impact Statement. Principal Meridian, Montana as depicted on the map. ADDRESSES: Information will be available for public inspection in the FOR FURTHER INFORMATION CONTACT: Beaverhead-Deerlodge National Forest office of the Superintendent, and at the Superintendent, Biscayne National Park, following locations: Alan Whalon, Basin Creek Mine (approximately 1,456 9700 S.W. 328th Street, Homestead, Acres) Superintendent, 13063 E. Bonita Florida 33033. T. 8 N., R. 5 W., Canyon Road, Willcox, AZ 85643; Sec. 19, lots 7, 10, 12, and 15; SUPPLEMENTARY INFORMATION: The Act of Chiricahua National Monument Web Sec. 30, lots 7 and 17. October 18, 1968 (82 Stat. 1188) site http://www.nps.gov/chir. T. 8 N., R. 6 W., authorized the establishment of FOR FURTHER INFORMATION CONTACT: Sec. 24, lot 11; Biscayne National Monument which Carrie Dennett, Ecologist, 13063 E. Sec. 25, lots 1 to 7, inclusive; was designated as a national park by Bonita Canyon Road, Willcox, AZ Sec. 26, lots 4, 5, and 7, SE1⁄4SW1⁄4, and Pub. L. 96–287 on June 28, 1980 (94 1 1 85643. (520) 824–3560 x308. SW ⁄4SE ⁄4; Stat. 599). Section 7(c) of the Land and _ Sec. 35, lots 1, 4, 5, and 6; Carrie [email protected]. Sec. 36, lots 3 and 4. Water Conservation Fund Act, as amended by the Act of June 10, 1977 Dated: April 19, 2005. Beal Mountain Mine (716.59 Acres) (Pub. L. 95–42, 91 Stat. 210), and the Rick Frost, T. 2 N., R. 10 W., Act of March 10, 1980 (Pub. L. 103–333, Acting Regional Director, Intermountain 1 1 1 Region, National Park Service. Sec. 5, N ⁄2NE ⁄4 and W ⁄2, excluding 110 Stat. 4194) further authorized the Patent Nos. 532788, 4955, 562258, and Secretary of Interior to make minor [FR Doc. 05–12536 Filed 6–23–05; 8:45 am] 53541; revisions in the boundaries whenever BILLING CODE 4310–70–P 1 1 1 1 1 Sec. 6, E ⁄2, E ⁄2NW ⁄4, and NE ⁄4SW ⁄4, the Secretary determines that it is excluding Patent Nos. 433087, 535541, necessary for the preservation, 562258, and 881285. DEPARTMENT OF THE INTERIOR T. 3 N., R. 10 W., protection, interpretation or 1 1 1 1 1 management of an area. Sec. 31, SE ⁄4NE ⁄4, SE ⁄4SW ⁄4, and SE ⁄4; National Park Service Sec. 32, W1⁄4NE1⁄4, W1⁄2, and SE1⁄4, The map is on file and available for excluding Patent No. 532788. inspection in the Land Resources Notice of Availability of the Draft The areas described aggregate Program Center, Southeast Regional General Management Plan and approximately 2,173 acres in Silver Bow, Office, 100 Alabama Street, SW., Environmental Impact Statement for Jefferson, Powell, and Lewis and Clark Atlanta, GA 30303, and in the Offices of the Lincoln Boyhood National Counties, Montana. the National Park Service, Department Memorial, Indiana Publication of the notice of the withdrawal of the Interior, Washington, DC 20013– application segregated the lands for a two- AGENCY: National Park Service, Interior. year period, which expired on September 24, 7127. SUMMARY: Pursuant to section 102(2)(C) 2003, pursuant to 43 CFR 2091.5–1(b)(1). Dated: March 23, 2005. of the National Environmental Policy Publication did not segregate the lands from Patricia A. Hooks, surface entry and mineral leasing. Act of 1969, the National Park Service The proposed withdrawal is no longer Regional Director, Southeast Region. (NPS) announces the availability of the necessary, because the Forest Service has [FR Doc. 05–12534 Filed 6–23–05; 8:45 am] draft general management plan and completed all reclamation activities in this BILLING CODE 4310–70–P environmental impact statement (GMP/

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EIS) for the Lincoln Boyhood National organizations or businesses, available management issues and future Memorial (Memorial). for public inspection in their entirety. management direction of these lands DATES: The GMP/EIS will remain Dated: May 9, 2005. should address their written responses available for public review for 60 days Ernest Quintana, to the Superintendent, Lassen Volcanic National Park, P.O. Box 100, Mineral, following the publishing of the notice of Regional Director, Midwest Region. availability in theFederal Register by California 96063 (comments can also be [FR Doc. 05–12535 Filed 6–23–05; 8:45 am] the Environmental Protection Agency. e-mailed to: [email protected]). All Public meetings will be announced in BILLING CODE 4310–70–P comment letters must be postmarked or the local media. transmitted not later than 30 days ADDRESSES: Copies of the GMP/EIS are DEPARTMENT OF THE INTERIOR following the date this notice is available by request by writing to the published in the Federal Register Superintendent at Lincoln Boyhood National Park Service (immediately upon confirmation of that National Memorial, PO Box 1816, date, it will be announced on the park Lincoln City, Indiana 47552–1816; by Warner Valley Comprehensive Site Web site: http://www.nps.gov/law). telephoning the park office at (812) 937– Plan, Lassen Volcanic National Park, Please note that names and addresses of 4541; or by e-mail Plumas County, CA; Notice of Intent To people who comment become part of [email protected]. The document Prepare an Environmental Impact the public record. If individuals can also be found on the Internet at the Statement commenting request that their name or/ and address be withheld from public Lincoln Boyhood National Memorial Summary: In accordance with the disclosure, it will be honored to the Web site at:http://www.nps.gov/libo/ National Environmental Policy Act of pphtml/documents.html; and at the NPS 1969 and pursuant to regulations of the extent allowable by law. Such requests Planning, Environment, and Public President’s Council on Environmental must be stated prominently in the Comment (PEPC) Web site:http:// Quality (40 CFR 1501.7 and 1508.22) the beginning of the comments. There also parkplanning.nps.gov/publicHome.cfm. National Park Service will prepare an may be circumstances wherein the NPS This latter Web site allows the public to Environmental Impact Statement (EIS) will withhold from the record a review and comment directly on this for a Comprehensive Site Plan for the respondent’s identity, as allowable by document. Finally, the document is Warner Valley area in Lassen Volcanic law. As always: the NPS will make available to be picked up in person at National Park. This notice supersedes a available to public inspection all the Memorial. previous Notice of Intent which was submissions from organizations or FOR FURTHER INFORMATION CONTACT: published on April 4, 2003 (V68; N65; businesses and from persons identifying Superintendent, Lincoln Boyhood Pp16548–49) for a proposed Dream Lake themselves as representatives or National Memorial, PO Box 1816, Dam Management Plan. Subsequent to officials of organizations and Lincoln City, Indiana 47552–1816. issuance of that notice it has been businesses; and, anonymous comments SUPPLEMENTARY INFORMATION: The determined that future management of may not be considered. Memorial is an area of the national park Dream Lake, located within Warner At this time it is anticipated that three system. The Memorial was established Valley, should be assessed as a part of public workshops to hear additional to preserve the site associated with the a wider Warner Valley Comprehensive comments and suggestions will be boyhood and family of President Site Plan (CSP). This notice hereby conducted in mid-June in the towns of Abraham Lincoln. The site includes a extends the scoping process and Red Bluff (June 13), Chester (June 14), portion of the original Tom Lincoln comment period; all comments received and Vacaville (June 15), California. The farm and the nearby gravesite of Nancy in response to the previous notice are confirmed meeting times and locations Hanks Lincoln. documented in the project will be posted on the park’s website and The GMP/EIS describes and analyzes administrative record and need not be announced via press release to local the environmental impacts of the resubmitted. newspapers. Questions regarding the proposed management action and one Background: The purpose of the CSP/ plan or scoping sessions should be other action alternative for the future EIS will be to determine the desired addressed to the Superintendent either management direction of the park. A no- future resource conditions in Warner by mail to the above address, or by action management alternative is also Valley and outline the steps that will be telephone at (530) 595–4444. evaluated. taken in order to achieve those Decision: At this time it is anticipated Our practice is to make comments, conditions. The CSP/EIS will evaluate that the Draft EIS/CSP would be including names and home addresses of the natural and cultural resources, released for public review during the respondents, available for public aesthetics, and visitor experience in this spring of 2006, and depending on the review. Individual respondents may area of the Park. Some topics that have nature and extent of public comment request that we withhold their home already been identified as needing to be the Final EIS/CSP would be completed address from the record, which we will assessed include: (1) Future in winter of 2006. As a delegated EIS, honor to the extent allowable by law. management of Dream Lake Dam, (2) the official responsible for the final There may also be circumstances where impacts on wetlands, (3) historic decision is the Regional Director, Pacific we would withhold from the record a structures, (4) protection of Drakesbad West Region, National Park Service; respondent’s identity, as allowable by Meadow and Fen, (5) alternative energy, subsequently the official responsible for law. If you wish us to withhold your (6) water and sewage systems, (7) implementing the approved plan would name and/or address, you must state parking, (8) trail system, (9) be the Superintendent, Lassen Volcanic this prominently at the beginning of accessibility, (10) safety, and (11) National Park. your comment. However, we will not effluent from the horse corral (currently Dated: May 16, 2005. consider anonymous comments. We going into the meadow). The CSP will will make all submissions from guide the management of Warner Valley Jonathan B. Jarvis, organizations or businesses, and from over the subsequent 10–15 years. Regional Director, Pacific West Region. individuals identifying themselves as Comments: Persons wishing to [FR Doc. 05–12537 Filed 6–23–05; 8:45 am] representatives or officials or comment or express concerns on the BILLING CODE 4310–70–P

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DEPARTMENT OF THE INTERIOR published on November 10, 2004. The (including the effects of road grooming plan is intended to be in effect for three on bison and other ungulates), visitor National Park Service winter seasons (i.e., the winters of experience, and socioeconomics. 2004–2005, 2005–2006, and 2006– A more detailed history of the winter Winter Use Plans, Environmental 2007), while the NPS prepares a long- use issue is available online at http:// Impact Statement, Yellowstone and term plan and analysis of the effects of www.nps.gov/yell/planvisit/winteruse/ Grand Teton National Parks and the winter use in the parks. This notice of index.htm. John D. Rockefeller, Jr., Memorial intent formally begins the long-term Parkway, Wyoming, Montana, and planning process. DATES: The National Park Service will Idaho The temporary winter use plan allows accept comments from the public on the for a maximum of 720 snowmobiles in scope of the EIS for 60 days from the AGENCY: National Park Service, Yellowstone each day. All recreational date this notice is published in the Department of the Interior. snowmobiles in Yellowstone must be Federal Register. ACTION: Notice of intent to prepare an led by commercial guides. In Grand ADDRESSES: Information will be Environmental Impact Statement for the Teton, 50 snowmobiles are allowed per available for public review online at Winter Use Plans, Yellowstone and day on the Continental Divide http://parkplanning.nps.gov and at Grand Teton National Parks and the Snowmobile Trial and Grassy Lake Road Yellowstone National Park John D. Rockefeller, Jr., Memorial and 40 snowmobiles are allowed per headquarters, Mammoth Hot Springs, Parkway. day on Jackson Lake in order to provide Wyoming, and at Grand Teton National access for ice fishing. With few SUMMARY: Pursuant to the National Park headquarters, Moose, Wyoming. exceptions, all snowmobiles are Environmental Policy Act of 1969, 42 FOR FURTHER INFORMATION CONTACT: required to be ‘‘Best Available U.S.C. 4332(2)(C), the National Park Technology’’ (BAT), which are the Debbie VanDePolder, Yellowstone Service is preparing an Environmental cleanest and quietest commercially National Park, P.O. Box 168, Impact Statement (EIS) for the Winter available snowmobiles. Snowplanes are Yellowstone National Park, WY 82190; Use Plans for Yellowstone and Grand not allowed on Jackson Lake. 307–344–2019. Teton National Parks and the John D. Snowcoaches are also permitted in SUPPLEMENTARY INFORMATION: If you Rockefeller, Jr., Memorial Parkway. Yellowstone and the Rockefeller wish to comment on the issues or These three park units are located in Parkway, and are required to have alternatives to be addressed in the EIS, Wyoming, Montana, and Idaho. This functioning emissions control or on any other issues associated with effort will result in a comprehensive equipment. the plan, you may submit your management plan for winter Because the temporary winter use comments by any one of several recreational use of the parks. The NPS plan is only in effect for three winter methods. You may mail comments to will be inviting several other seasons, the NPS intends to complete Winter Use Scoping, Yellowstone government agencies to participate in this EIS process and issue new National Park, P.O. Box 168, the development of the EIS as regulations (if necessary) prior to the Yellowstone National Park, WY 82190. cooperating agencies, including the start of the 2007–2008 winter season. You may also comment via the Internet states of Wyoming, Montana, and Idaho; The purpose of the EIS will be to at http://parkplanning.nps.gov. Finally, the counties of Park and Teton, ensure that park visitors have a range of you may hand-deliver comments to Wyoming, Gallatin and Park, Montana, appropriate winter recreational Yellowstone National Park and Fremont, Idaho; the Environmental opportunities, while ensuring that these headquarters, Mammoth Hot Springs, Protection Agency; and the U.S. Forest recreational activities are in an Wyoming. Our practice is to make Service. appropriate setting and do not impair or comments, including names and home A scoping letter has been prepared irreparably harm park resources or addresses of respondents, available for that details the issues identified to date. values. Alternatives to be considered in public review during regular business Copies of that information may be the EIS will focus on responding to the hours. Individual respondents may obtained online at http:// purpose and need. Specifically, the NPS request that we withhold their home parkplanning.nps.gov or from will include alternatives allowing address from the record, which we will Yellowstone National Park, P.O. Box varying amounts and types of honor to the extent allowable by law. 168, Yellowstone National Park, WY snowmobile and/or snowcoach use. The There also may be circumstances in 82190, 307–344–2019. NPS will also consider alternatives with which we would withhold from the The NPS is interested in obtaining varying guiding requirements, including record a respondent’s identity, as comments from the public on the scope allowing for some unguided or non- allowable by law. If you wish us to of the EIS, the issues that the EIS should commercially snowmobile guided use. withhold your address, you must state address and the alternatives that should In addition, the EIS will examine the this prominently at the beginning of be considered in the EIS. Comments effects of road grooming (which is your comment. We will make all submitted during this scoping period necessary to allow for oversnow travel submissions from organizations or will allow the NPS to address these for both administrative and recreational businesses, and from individuals public concerns as the EIS is prepared. use of snowmobiles and snowcoaches) identifying themselves as Background: The NPS is preparing on bison and other ungulates. To assess representatives or officials of this EIS to develop a long-term plan for this issue, the EIS will consider an organizations or businesses, available managing winter recreational use in alternative or alternatives that would for public inspection in their entirety. three park units. Currently, winter use eliminate road grooming on some or all in the parks is operating under a park roads. Dated: June 3, 2005. temporary winter use plan. This plan Major issues to be addressed in the Michael D. Snyder, and environmental assessment were EIS include the environmental effects of Acting Director, Intermountain Region, completed with the signing of a finding winter use on air quality and visibility, National Park Service. of no significant impact on November 4, natural soundscapes, employee and [FR Doc. 05–12538 Filed 6–23–05; 8:45 am] 2004, and implementing regulations visitor health and safety, wildlife BILLING CODE 4310–70–P

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INTERNATIONAL TRADE respondent interested party group Background: According to the USTR’s COMMISSION response was inadequate. The letter, U.S. negotiators have recently Commission also found that other reached agreement in principle with [Investigation No. 731–TA–377 (Second representatives of the governments of Review)] circumstances warranted conducting a full review.2 A record of the Canada and Mexico on proposed Internal Combustion Industrial Forklift Commissioners’ votes, the modifications to Annexes 401 and 403 Trucks From Japan Commission’s statement on adequacy, of the NAFTA. Chapter 4 and Annexes and any individual Commissioner’s 401 and 403 of the NAFTA set forth the AGENCY: United States International statements will be available from the rules of origin for applying the tariff Trade Commission. Office of the Secretary and at the provisions of the NAFTA to trade in ACTION: Notice of Commission Commission’s Web site. goods. Section 202(q) of the NAFTA determination to conduct a full five-year Authority: This review is being conducted Implementation Act (the Act) authorizes review concerning the antidumping under authority of title VII of the Tariff Act the President, subject to the duty order on internal combustion of 1930; this notice is published pursuant to consultation and layover requirements industrial forklift trucks from Japan. section 207.62 of the Commission’s rules. of section 103 of the Act, to proclaim such modifications to the rules as may Issued: June 17, 2005. SUMMARY: The Commission hereby gives from time to time be agreed to by the notice that it will proceed with a full By order of the Commission NAFTA countries. One of the review pursuant to section 751(c)(5) of Marilyn R. Abbott, requirements set out in section 103 of the Tariff Act of 1930 (19 U.S.C. Secretary to the Commission. the Act is that the President obtain 1675(c)(5)) to determine whether [FR Doc. 05–12480 Filed 6–23–05; 8:45 am] advice from the United States revocation of the antidumping duty BILLING CODE 7020–02–M International Trade Commission. order on internal combusion industrial The USTR has requested that the forklift trucks from Japan would be Commission provide advice on the likely to lead to continuation or INTERNATIONAL TRADE probable effect of the modifications on recurrence of material injury within a COMMISSION U.S. trade under the NAFTA and on reasonably foreseeable time. A schedule domestic industries. The modifications [Investigation No. NAFTA–103–012] for the review will be established and concern rules of origin in NAFTA announced at a later date. For further Probable Effect of Certain Annexes 401 and 403 for (1) Cocoa and information concerning the conduct of Modifications to the North American cocoa preparations; (2) cranberry juice; this review and rules of general Free Trade Agreement Rules of Origin (3) ores, slag and ash; (4) leather; (5) application, consult the Commission’s cork and articles of cork; (6) prepared Rules of Practice and Procedure, part AGENCY: United States International feathers and down and articles made of 201, subparts A through E (19 CFR part Trade Commission. feather or of down, artificial flowers, 201), and part 207, subparts A, D, E, and ACTION: Institution of investigation and and articles of human hair; (7) glass and F (19 CFR part 207). request for written submissions. glassware; (8) copper; (9) nickel and DATES: Effective date: June 6, 2005. articles thereof; (10) lead; (11) zinc and articles thereof; (12) tin; (13) other base FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: June 3, 2005. metals; (14) televisions; (15) information Mary Messer (202–205–3193), Office of SUMMARY: Following receipt of a request technology agreement goods; and (16) Investigations, U.S. International Trade on May 23, 2005 (as modified by a letter received on June 16, 2005), from the controls. Commission, 500 E Street SW., A detailed list of the proposed Washington, DC 20436. Hearing- United States Trade Representative (USTR) under authority delegated by the modifications is available from the impaired persons can obtain Office of the Secretary to the information on this matter by contacting President and pursuant to section 103 of the North American Free Trade Commission or by accessing the the Commission’s TDD terminal on 202– electronic version of this notice at the 205–1810. Persons with mobility Agreement (NAFTA) Implementation Act (19 U.S.C. 3313), the Commission Commission’s Internet site (http:// impairments who will need special www.usitc.gov). This list was amended assistance in gaining access to the instituted investigation No. NAFTA– 103–012, Probable Effect of Certain by the USTR, as conveyed in a letter Commission should contact the Office dated June 16, 2005, from Assistant U.S. of the Secretary at 202–205–2000. Modifications to the NAFTA Rules of Origin. Trade Representative Carmen Suro- General information concerning the Bredie, to delete filament yarns of Commission may also be obtained by FOR FURTHER INFORMATION CONTACT: viscose rayon, tri-lobal rayon staple accessing its Internet server (http:// Information may be obtained from Linda fiber, and untextured yarns of nylon, as www.usitc.gov). The public record for White, Office of Industries (202–205– the Commission had previously this review may be viewed on the 3427, [email protected]), or Judith- provided probable effect advice Commission’s electronic docket (EDIS) Anne Webster, Office of Industries concerning modifications to rules of at http://edis.usitc.gov. (202–205–3489, judith- origin for these products in SUPPLEMENTARY INFORMATION: On June 6, [email protected]). For Investigation Nos. NAFTA–103–7 2005, the Commission determined that information on the legal aspects of this (October 2004) and NAFTA–103–9 it should proceed to a full review in the investigation, contact William Gearhart (December 2004). subject five-year review pursuant to of the Office of the General Counsel The U.S. NAFTA rules of origin can section 751(c)(5) of the Act. The (202–205–3091, be found in General Note 12 of the 2005 Commission found that the domestic [email protected]). The media Harmonized Tariff Schedule of the interested party group response to its should contact Margaret O’Laughlin, United States (see ‘‘General Notes’’ link notice of institution (70 FR 9971, March Office of External Relations (202–205– at http://www.usitc.gov/tata/hts/ 1, 2005) was adequate 1 and that the 1819, [email protected]). bychapter/index.htm) and the most recent updates to the current U.S. 1 Vice Chairman Deanna Tanner Okun dissenting. 2 Chairman Stephen Koplan dissenting. NAFTA rules of origin can be found in

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Presidential Proclamation 7870 of requested by the USTR, the Commission information collection instrument with February 9, 2005 (70 FR 7611). As will publish a public version of the instructions, should be directed to Mark requested, the Commission will forward report. However, in the public version, Neal, Assistant United States Trustee, its advice to the USTR by September 26, the Commission will not publish Executive Office for United States 2005. confidential business information in a Trustees, Department of Justice, 20 Written Submissions: Interested manner that would reveal the operations Massachusetts Avenue, NW., Suite parties are invited to submit written of the firm supplying the information. 8000, Washington, DC 20530, or by statements concerning the probable The public record for this facsimile at 202–307–2397. effect of the modifications. Submissions investigation may be viewed on the Written comments and suggestions should be addressed to the Secretary, Commission’s electronic docket (EDIS) from the public and affected agencies United States International Trade at http://edis.usitc.gov. Hearing concerning the proposed collection of Commission, 500 E Street SW., impaired individuals may obtain information are encouraged. Your Washington, DC 20436. To be assured of information on this matter by contacting comments should address one or more consideration by the Commission, the Commission’s TDD terminal on 202– of the following four points: written statements should be submitted 205–1810. Persons with mobility • Evaluate whether the proposed to the Commission at the earliest impairments who will need special collection of information is necessary practical date and should be received no assistance in gaining access to the for the proper performance of the later than the close of business on Commission should contact the Office functions of the agency, including August 3, 2005. All written submissions of the Secretary at 202–205–2000. whether the information will have must conform with the provisions of By order of the Commission. practical utility; section 201.8 of the Commission’s Rules • Issued: June 21, 2005. Evaluate the accuracy of the of Practice and Procedure (19 CFR agencies estimate of the burden of the Marilyn R. Abbott, 201.8). Section 201.8 of the rules proposed collection of information, requires that a signed original (or copy Secretary to the Commission. including the validity of the designated as an original) and fourteen [FR Doc. 05–12570 Filed 6–23–05; 8:45 am] methodology and assumptions used; (14) copies of each document be filed. BILLING CODE 7020–02–P • Enhance the quality, utility, and In the event that confidential treatment clarity of the information to be of the document is requested, at least collected; and four (4) additional copies must be filed, DEPARTMENT OF JUSTICE • Minimize the burden of the from which the confidential business collection of information on those who information must be deleted (see the Executive Office for United States are to respond, including through the following paragraph for further Trustees; Agency Information use of appropriate automated, information regarding confidential Collection Activities: Proposed electronic, mechanical, or other business information). The Collection; Comments Requested technological collection techniques or Commission’s rules authorize filing other forms of information technology, submissions with the Secretary by ACTION: 60-day emergency notice of e.g., permitting electronic submission of facsimile or electronic means only to the information collection under review: responses. extent permitted by section 201.8 of the application for approval as a provider of rules (see Handbook for Electronic a personal financial management Overview of this information: Filing Procedures, http:// instructional course. (1) Type of information collection: hotdocs.usitc.gov/pubs/ New Collection. electronic_filing_handbook.pdf). The Department of Justice (DOJ), (2) The title of the form/collection: Persons with questions regarding Executive Office for United States Application for Approval as a Provider electronic filing should contact the Trustees (EOUST) has submitted the of a Personal Financial Management Secretary (202–205–2000 or following information collection request Instructional Course. [email protected]). to the Office of Management and Budget (3) The agency form number, if any, Any submissions that contain (OMB) for review and clearance in and the applicable component of the confidential business information must accordance with emergency review department sponsoring the collection: also conform with the requirements of procedures of the Paperwork Reduction Form Number: None. Executive Office section 201.6 of the Commission’s Rules Act of 1995. OMB approval has been for United States Trustees. of Practice and Procedure (19 CFR requested by July 1, 2005. The proposed (4) Affected public who will be asked 201.6). Section 201.6 of the rules information collection is published to or required to respond, as well as a brief requires that the cover of the document obtain comments from the public and abstract: Primary: Business or other for- and the individual pages be clearly affected agencies. If granted, the profit. Other: Not-for-profit Institutions. marked as to whether they are the emergency approval is only valid for Congress passed a new bankruptcy law ‘‘confidential’’ or ‘‘nonconfidential’’ 180 days. Comments should be directed that requires individuals who file for version, and that the confidential to OMB, Office of Information and bankruptcy to complete an approved business information be clearly Regulation Affairs, Attention: personal financial management identified by means of brackets. All Department of Justice Desk Officer, instructional course as a condition of written submissions, except for Washington, DC 20503. Comments are receiving a discharge. confidential business information, will encouraged and will be accepted for 60 (5) An estimate of the total number of be made available in the Office of the days until August 23, 2005. respondents and the amount of time Secretary to the Commission for During the first 60 days of this same estimated for an average respondent to inspection by interested parties. review period, a regular review of this respond/reply: It is estimated that 1,000 The Commission may include some or information collection is also being respondents will complete the all of the confidential business undertaken. All comments and application in approximately 3 hours. information submitted in the course of suggestions, or questions regarding (6) An estimate of the total public this investigation in the report it sends additional information, to include burden (in hours) associated with the to the USTR and the President. As obtaining a copy of the proposed collection: The estimated total annual

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public burden associated with this DEPARTMENT OF LABOR have been made in accordance with 29 application is 3,000 hours. CFR Part 1, by authority of the Secretary If additional information is required Office of the Secretary of Labor pursuant to the provisions of contact: Brenda E. Dyer, Department the Davis-Bacon Act of March 3, 1931, Clearance Officer, United States Combating Exploitive Child Labor as amended (46 Stat. 1494, as amended, Department of Justice, Justice Through Education in Sierra Leone 40 U.S.C. 276a) and of other Federal Management Division, Policy and and Liberia; Modification statutes referred to in 29 CFR Part 1, Planning Staff, Patrick Henry Building, AGENCY: Bureau of International Labor Appendix, as well as such additional Suite 1600, 601 D Street NW., Affairs, Department of Labor. statutes as may from time to time be Washington, DC 20530. ACTION: Modification. enacted containing provisions for the Dated: June 21, 2005. payment of wages determined to be SUMMARY: prevailing by the Secretary of Labor in Brenda E. Dyer, In notice document 05–10621 beginning on page 30801 in the issue of accordance with the Davis-Bacon Act. Department Clearance Officer, Department of The prevailing rates and fringe benefits Justice. Friday, May 27, 2005, make the following modifications: determined in these decisions shall, in [FR Doc. 05–12571 Filed 6–23–05; 8:45 am] On page 30801, in the first column, accordance with the provisions of the BILLING CODE 4410–40–P first sentence of the ‘‘Summary’’, the foregoing statutes, constitute the language ‘‘The U.S. Department of minimum wages payable on Federal and Labor, Bureau of International Labor federally assisted construction projects DEPARTMENT OF LABOR Affairs, will award up to U.S. $5 million to laborers and mechanics of the through one or more cooperative specified classes engaged on contract Office of the Secretary agreements to an organization or work of the character and in the Combating Exploitive Child Labor organizations* * *’’, should be changed localities described herein. Good cause is hereby found for not Through Education in Angola; to read. ‘‘The U.S. Department of Labor, utilizing notice and public comment Modification Bureau of International Labor Affairs, will award up to U.S. $6 million procedure thereon prior to the issuance AGENCY: Bureau of International Labor through one or more cooperative of these determinations as prescribed in Affairs, Department of Labor. agreements to an organization or 5 U.S.C. 553 and not providing for delay ACTION: Modification. organizations* * *’’ in the effective date as prescribed in that On page 30805, in the third column, section, because the necessity to issue SUMMARY: In notice document 05–10620 first sentence of the second paragraph of current construction industry wage beginning on page 30787 in the issue of Section II ‘‘Award Information’’, the determinations frequently and in large Friday, May 27, 2005, make the language, ‘‘Up to U.S. $5 million will be volume causes procedures to be following modification: awarded under this solicitation’’, should impractical and contrary to the public On page 30787, in the second column, be changed to read, ‘‘Up to U.S. $6 interest. under the heading ‘‘Agency’’, the million will be awarded under this General wage determination language, ‘‘Key Dates: Deadline for solicitation’’. decisions, and modifications and Submission of Application is July 11, supersedes decisions thereto, contain no Dated: June 21, 2005. 2005.’’, should be changed to read, ‘‘Key expiration dates and are effective from Dates: Deadline for Submission of Lisa Harvey, the date of notice in the Federal Application is July 15, 2005.’’. Grant Officer. Register, or on the date written notice On page 30787, in the second column, [FR Doc. 05–12528 Filed 6–28–05; 8:45 am] is received by the agency, whichever is first sentence of the ‘‘Summary’’, the BILLING CODE 4510–28–M earlier. These decisions are to be used language ‘‘The U.S. Department of in accordance with the provisions of 29 Labor, Bureau of International Labor CFR Parts 1 and 5. Accordingly, the Affairs, will award up to U.S. $2 million DEPARTMENT OF LABOR applicable decision, together with any modifications issued, must be made a through one or more cooperative Employment Standards Administration agreements to an organization or part of every contract for performance of organizations* * *’’, should be changed Wage and Hour Division; Minimum the described work within the to read, ‘‘The U.S. Department of Labor, Wages for Federal and Federally geographic area indicated as required by Bureau of International Labor Affairs, Assisted Construction; General Wage an applicable Federal prevailing wage will award up to U.S. $4 million Determination Decisions law and 29 CFR Part 5. The wage rates through one or more cooperative and fringe benefits, notice of which is agreements to an organization or General wage determination decisions published herein, and which are organizations* * *’’. of the Secretary of Labor are issued in contained in the Government Printing On page 30791, in the second column, accordance with applicable law and are Office (GPO) document entitled first sentence of the second paragraph of based on the information obtained by ‘‘General Wage Determinations Issued Section II ‘‘Award Information’’, the the Department of Labor from its study Under The Davis-Bacon and Related language, ‘‘Up to U.S. $2 million will be of local wage conditions and data made Acts,’’ shall be the minimum paid by awarded under this solicitation’’, should available from other sources. They contractors and subcontractors to be changed to read, ‘‘Up to U.S. $4 specify the basic hourly wage rates and laborers and mechanics. million will be awarded under this fringe benefits which are determined to Any person, organization, or solicitation.’’ be prevailing for the described classes of governmental agency having an interest laborers and mechanics employed on in the rates determined as prevailing is Dated: June 21, 2005. construction projects of a similar encouraged to submit wage rate and Lisa Harvey, character and in the localities specified fringe benefit information for Grant Officer. therein. consideration to the Department. [FR Doc. 05–12527 Filed 6–23–05; 8:45 am] The determinations in these decisions Further information and self- BILLING CODE 4510–28–M of prevailing rates and fringe benefits explanatory forms for the purpose of

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submitting this data may be obtained by IL20030016 (Jun. 13, 2003) Commerce at 1–800–363–2068. This writing to the U.S. Department of Labor, IL20030043 (Jun. 13, 2003) subscription offers value-added features Employment Standards Administration, IL20030044 (Jun. 13, 2003) such as electronic delivery of modified IL20030045 (Jun. 13, 2003) Wage and Hour Division, Division of IL20030046 (Jun. 13, 2003) wage decisions directly to the user’s Wage Determinations, 200 Constitution IL20030050 (Jun. 13, 2003) desktop, the ability to access prior wage Avenue, NW., Room S–3014, IL20030051 (Jun. 13, 2003) decisions issued during the year, Washington, DC 20210. IL20030052 (Jun. 13, 2003) extensive Help desk Support, etc. IL20030056 (Jun. 13, 2003) Hard-copy subscriptions may be Modification to General Wage IL20030058 (Jun. 13, 2003) Determination Decisions purchased from: Superintendent of IL20030059 (Jun. 13, 2003) Documents, U.S. Government Printing The number of decisions listed to the IL20030064 (Jun. 13, 2003) IL20030066 (Jun. 13, 2003) Office, Washington, DC 20402, (202) Government Printing Office document 512–1800. entitled ‘‘General Wage Determinations IL20030067 (Jun. 13, 2003) IL20030069 (Jun. 13, 2003) Issued Under the Davis-Bacon and When ordering hard-copy Michigan subscription(s), be sure to specify the Related Acts’’ being modified are listed MI20030007 (Jun. 13, 2003) by Volume and State. Dates of State(s) of interest, since subscriptions publication in the Federal Register are Volume V may be ordered for any or all of the six in parentheses following the decision Missouri separate volumes, arranged by State. being modified. MO20030001 (Jun. 13, 2003) Subscriptions include an annual edition MO20030002 (Jun. 13, 2003) (issued in January or February) which Volume I MO20030008 (Jun. 13, 2003) includes all current general wage MO20030009 (Jun. 13, 2003) determinations for the States covered by Connecticut MO20030011 (Jun. 13, 2003) CT20030001 (Jun. 13, 2003) each volume. Throughout the remainder MO20030044 (Jun. 13, 2003) of the year, regular weekly updates will CT20030003 (Jun. 13, 2003) MO20030049 (Jun. 13, 2003) CT20030004 (Jun. 13, 2003) MO20030051 (Jun. 13, 2003) be distributed to subscribers. New Hampshire MO20030055 (Jun. 13, 2003) Dated: Signed at Washington, DC This 16th NH20030004 (Jun. 13, 2003) MO20030056 (Jun. 13, 2003) Day of June 2005. Volume II Nebraska John Frank, NE20030001 (Jun. 13, 2003) Acting Chief, Branch of Construction Wage District of Columbia NE20030003 (Jun. 13, 2003) Determinations. DC20030001 (Jun. 13, 2003) NE20030007 (Jun. 13, 2003) DC20030003 (Jun. 13, 2003) NE20030010 (Jun. 13, 2003) [FR Doc. 05–12232 Filed 6–23–05; 8:45 am] Maryland NE20030011 (Jun. 13, 2003) BILLING CODE 4510–27–M MD20030048 (Jun. 13, 2003) NE20030019 (Jun. 13, 2003) MD20030057 (Jun. 13, 2003) Volume VI Pennsylvania DEPARTMENT OF LABOR PA20030005 (Jun. 13, 2003) Montana PA20030007 (Jun. 13, 2003) MT20030001 (Jun. 13, 2003) Bureau of Labor Statistics PA20030008 (Jun. 13, 2003) MT20030003 (Jun. 13, 2003) PA20030010 (Jun. 13, 2003) MT20030004 (Jun. 13, 2003) Proposed Collection; Comment PA20030011 (Jun. 13, 2003) MT20030005 (Jun. 13, 2003) Request PA20030014 (Jun. 13, 2003) MT20030006 (Jun. 13, 2003) PA20030019 (Jun. 13, 2003) MT20030007 (Jun. 13, 2003) PA20030020 (Jun. 13, 2003) Utah ACTION: Notice. PA20030021 (Jun. 13, 2003) UT20030004 (Jun. 13, 2003) PA20030023 (Jun. 13, 2003) SUMMARY: The Department of Labor, as PA20030026 (Jun. 13, 2003) General Wage Determination part of its continuing effort to reduce PA20030031 (Jun. 13, 2003) Publication paperwork and respondent burden, PA20030040 (Jun. 13, 2003) General wage determinations issued conducts a pre-clearance consultation PA20030061 (Jun. 13, 2003) program to provide the general public Virginia under the Davis-Bacon and related Acts, VA20030025 (Jun. 13, 2003) including those noted above, may be and Federal agencies with an VA20030052 (Jun. 13, 2003) found in the Government Printing Office opportunity to comment on proposed VA20030092 (Jun. 13, 2003) (GPO) document entitled ‘‘General Wage and/or continuing collections of VA20030099 (Jun. 13, 2003) Determinations Issued Under The Davis- information in accordance with the West Virginia Bacon And Related Acts’’. This Paperwork Reduction Act of 1995 WV20030001 (Jun. 13, 2003) publication is available at each of the 50 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This WV20030002 (Jun. 13, 2003) Regional Government Depository program helps to ensure that requested WV20030006 (Jun. 13, 2003) Libraries and many of the 1,400 data can be provided in the desired WV20030009 (Jun. 13, 2003) format, reporting burden (time and WV20030011 (Jun. 13, 2003) Government Depository Libraries across the country. financial resources) is minimized, Volume III General wage determinations issued collection instruments are clearly None under the Davis-Bacon and related Acts understood, and the impact of collection are available electronically at no cost on requirements on respondents can be Volume IV the Government Printing Office site at properly assessed. Currently, the Bureau Illinois http://www.access.gpo.gov/davisbacon. of Labor Statistics (BLS) is soliciting IL20030001 (Jun. 13, 2003) They are also available electronically by comments concerning the proposed IL20030002 (Jun. 13, 2003) IL20030003 (Jun. 13, 2003) subscription to the Davis-Bacon Online reinstatement of the ‘‘Current IL20030005 (Jun. 13, 2003) Service (http:// Population Survey (CPS) Displaced IL20030011 (Jun. 13, 2003) davisbacon.fedworld.gov) of the Worker, Job Tenure, and Occupational IL20030014 (Jun. 13, 2003) National Technical Information Service Mobility Supplement,’’ to be conducted IL20030015 (Jun. 13, 2003) (NTIS) of the U.S. Department of in January 2006.

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A copy of the proposed information adult displaced workers. It also will be included in the request for Office of collection request (ICR) can be obtained used to assess employment stability by Management and Budget approval of the by contacting the individual listed determining the length of time workers information collection request; they also below in the Addresses section of this have been with their current employer will become a matter of public record. notice. and estimating the incidence of Signed at Washington, DC, this 16th day of DATES: Written comments must be occupational change over the course of June, 2005. submitted to the office listed in the a year. Combining the questions on Cathy Kazanowski, Addresses section of this notice on or displacement, job tenure, and Chief, Division of Management Systems, before August 23, 2005. occupational mobility will enable Bureau of Labor Statistics. ADDRESSES: Send comments to Amy A. analysts to obtain a more complete [FR Doc. 05–12517 Filed 6–23–05; 8:45 am] picture of employment stability. Hobby, BLS Clearance Officer, Division BILLING CODE 4510–24–P of Management Systems, Bureau of II. Current Action Labor Statistics, Room 4080, 2 Massachusetts Avenue, NE., Office of Management and Budget clearance is being sought for the CPS Washington, DC 20212, telephone NATIONAL AERONAUTICS AND Displaced Worker, Job Tenure, and number 202–691–7628. (This is not a SPACE ADMINISTRATION toll free number.) Occupational Mobility Supplement to the CPS. FOR FURTHER INFORMATION CONTACT: Type of Review: Reinstatement, [Notice 05–106] Amy A. Hobby, BLS Clearance Officer, without change, of a previously telephone number 202–691–7628. (See approved collection for which approval NASA Advisory Council, Planetary Addresses section.) has expired. Protection Advisory Committee; SUPPLEMENTARY INFORMATION: Agency: Bureau of Labor Statistics. Meeting Title: CPS Displaced Worker, Job I. Background AGENCY: National Aeronautics and Tenure, and Occupational Mobility Space Administration. The CPS Displaced Worker, Job Supplement. Tenure, and Occupational Mobility OMB Number: 1220–0104. ACTION: Notice of meeting. Supplement is conducted biennially Affected Public: Households. and was last collected in January 2004. Total Respondents: 55,000. SUMMARY: In accordance with the This supplement will gather Frequency: Monthly. Federal Advisory Committee Act, Public information on workers who have lost Total Responses: 55,000. Law 92–463, as amended, the National or left their jobs because their plant or Average Time Per Response: 8 Aeronautics and Space Administration company closed or moved, there was minutes. announces a forthcoming meeting of the insufficient work for them to do, or their Estimated Total Burden Hours: 7,333 NASA Advisory Council (NAC), position or shift was abolished. Data hours. Planetary Protection Advisory will be collected on the extent to which Total Burden Cost (capital/startup): Committee (PPAC). displaced workers received advance $0. DATES: Tuesday, July 26, 2005, 8:30 a.m. notice of job cutbacks or the closing of Total Burden Cost (operating/ to 5:30 p.m., and Wednesday, July 27, their plant or business. For those maintenance): $0. 2005, 8:30 a.m. to 4:30 p.m. workers who have been reemployed, the supplement will gather data on the III. Desired Focus of Comments ADDRESSES: University of Maryland Inn types of jobs they found and will The Bureau of Labor Statistics is and Conference Center, 3501 University compare current earnings with those particularly interested in comments Boulevard, East, Adelphi, MD 20783. from the lost job. that: FOR FURTHER INFORMATION CONTACT: Ms. The incidence and nature of • Evaluate whether the proposed Marian Norris, Science Mission occupational changes in the preceding collection of information is necessary Directorate, National Aeronautics and year will be queried. The survey also for the proper performance of the Space Administration, Washington, DC probes for the length of time workers functions of the agency, including 20546, (202) 358–4452, e-mail (including those who have not been whether the information will have [email protected]. displaced) have been with their current practical utility; SUPPLEMENTARY INFORMATION: The employer. Additional data to be • Evaluate the accuracy of the meeting will be open to the public up collected include information on the agency’s estimate of the burden of the to the capacity of the room. The agenda receipt of unemployment compensation, proposed collection of information, for the meeting includes the following the loss of health insurance coverage, including the validity of the topics: and the length of time spent without a methodology and assumptions used; job. • Enhance the quality, utility, and —Planetary Protection Program Update Because this supplement is part of the clarity of the information to be —Solar System Exploration Overview CPS, the same detailed demographic collected; and —Mars Forward Contamination information collected in the CPS will be • Minimize the burden of the Requirements available on respondents to the collection of information on those who —Mars Mission Implementation Status supplement. Comparisons will be are to respond, including through the —Mars Sample Return Mission, possible across characteristics such as use of appropriate automated, Planning, and Status sex, race, age, and educational electronic, mechanical, or other —Future Outer Planet Missions attainment of the respondent. technological collection techniques or The information collected by this other forms of information technology, —Planning for Future Human Missions survey will be used to determine the e.g., permitting electronic submissions to the Moon and Mars size and nature of the population of responses. Attendees will be requested to sign a affected by job displacements and the Comments submitted in response to register. It is imperative that the meeting needs and scope of programs serving this notice will be summarized and/or be held on these dates to accommodate

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the scheduling priorities of the key scheduling priorities of the key University of Texas, 5323 Harry Hines participants. participants. Boulevard, Dallas, TX 75390–8573. P. Diane Rausch, P. Diane Rausch, Activity for Which Permit is Requested Advisory Committee Management Officer, Advisory Committee Management Officer, Take and Import into the United National Aeronautics and Space National Aeronautics and Space States. The applicant proposes to Administration. Administration. capture up to 10 each of Weddell seal [FR Doc. 05–12595 Filed 6–23–05; 8:45 am] [FR Doc. 05–12594 Filed 6–23–05; 8:45 am] newborn pups, sub adults, and adults BILLING CODE 7510–13–P BILLING CODE 7510–13–P each season to be weighed and to collect muscle samples. The samples will be returned to the U.S. for further scientific NATIONAL AERONAUTICS AND NATIONAL SCIENCE FOUNDATION study. The applicant plans to build on SPACE ADMINSTRATION his previous work that characterized the [Notice 05–107] Notice of Permit Applications Received enzymatic, and ultra-structural Under the Antarctic Conservation Act adaptations for diving that occur in the Return to Flight Task Group; Meeting of 1978 (Pub. L. 95–541) skeletal muscles of newly weaned, AGENCY: National Aeronautics and AGENCY: National Science Foundation. juvenile and adult Weddell seals. Study Space Administration (NASA). ACTION: Notice of permit applications results will increase understanding of both the ontogeny and molecular ACTION: Notice of meeting. received under the Antarctic Conservation Act of 1978, Public Law mechanisms by which young seals SUMMARY: In accordance with the 95–541. acquire the physiological capabilities to Federal Advisory Committee Act, Public make deep (up to 700 meters) and long Law 92–463, as amended, the National SUMMARY: The National Science aerobic dives (@ min.). The study will Aeronautics and Space Administration Foundation (NSF) is required to publish also advance knowledge of the announces a meeting of the Return to notice of permit applications received to molecular regulation for the adaptations Flight Task Group (RTF TG). conduct activities regulated under the that enable active skeletal muscle to DATES: Monday June 27, 2005, from 1 Antarctic Conservation Act of 1978. function under hypoxic conditions, p.m. until 3 p.m. eastern daylight time. NSF has published regulations under which has broader application for human medicine especially in regards to ADDRESSES: Residence Inn Capitol, 333 the Antaric Conservation Act at Title 45 E Street SW., Washington DC 20024. Part 670 of the Code of Federal cardiac and pulmonary disease. Regulations. This is the required notice Location: McMurdo Sound sea ice. The meeting will be held in the Capitol Dates: October 1, 2005 to February 28, Room. of permit applications received. DATES: 2008. FOR FURTHER INFORMATION CONTACT: Mr. Interested parties are invited to Vincent D. Watkins at (281) 792–7523. submit written data, comments, or Permit Application No. 2006–016 views with respect to this permit Rationale for Exception to Less Than 2. Applicant: Wayne Z. Trivelpiece, application by July 25, 2005. This 15 Day Notice: This event is directly Antarctic Ecosystem Research application may be inspected by related to scheduling constraints Division, Southwest Fisheries Science interested parties at the Permit Office, imposed by the nation’s Space Shuttle Center, 8604 La Jolla Shores Drive, La address below. Program return to flight launch Jolla, CA 92037. activities. Critical data necessary for the ADDRESSES: Comments should be Task Group to complete its assessment addressed to Permit Office, Room 755, Activity for Which Permit Is Requested was made available based on necessary Office of Polar Programs, National Take, Enter an Antarctic Specially milestones required for the agency to Science Foundation, 4201 Wilson Protected Area, and Import into the ensure a safe return to flight. The Boulevard, Arlington, Virginia 22230. United States. THe applicant is proximity of those milestones to the FOR FURTHER INFORMATION CONTACT: continuing a study of the behavioral and new STS–114 launch date prevents the Nadene G. Kennedy at the above population biology of the Adelie, Task Group from scheduling its last address or (703) 292–7405. gentoo, and chinstrap penguins and the public meeting within the 15 day notice SUPPLEMENTARY INFORMATION: The interactions of these species and their requirement. National Science Foundation, as principal avian predators: skuas, gulls, SUPPLEMENTARY INFORMATION: The directed by the Antaric Conservation sheathbills, and giant petrels. Up to 500 meeting will be open to the public up Act of 1978 (Pub. L. 95–541), as each of Adelie and gentoo penguin to the seating capacity of the meeting amended by the Antaric Science, chicks and adults will be banded. Up to room. Attendees will be requested to Tourism and Conservation Act of 1996, 50 adult penguins per species will have sign a register. Audio of the meeting has developed regulations for the radio-transmitters (Txs), satellite tags will be distributed via the Internet at establishment of a permit system for (PTTs), and time-depth recorders (TDRs) http://returntoflight.org. various activities in Antarctica and attached to continue the study of the The agenda for the meeting is as designation of certain animals and penguins’ foraging habits. Up to 40 follows: certain geographic areas a requiring adult penguins per species will have —Welcome remarks from Co-Chair special protection. The regulations their stomachs pumped, and data will —Discussion of status of NASA’s establish such a permit system to be collected on egg sizes and adult implementation of selected Columbia designate Antarctic Specially Protected weights for a maximum of 100 nest per Accident Investigation Board return to Areas. species. In addition, blood, tissue and flight recommendations The applications received are as uropigial gland oil will be collected for —Action item summary from Executive follows: further study. Secretary Location: Western Shore of Admiralty —Closing remarks from Co-Chair Permit Application No. 2006–015 Bay, King George Island (ASPA #128) It is imperative that the meeting be 1. Applicant: Shane B. Kanatous, and Lion’s Rump, King George Island held on this date to accommodate the Southwestern Medical Center, (ASPA #151).

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Dates: October 1, 2005 to April 1, NUCLEAR REGULATORY submitted to the NRC, a Closure Plan- 2010. COMMISSION Lined Evaporation Ponds (Relocation Plan) for its Ambrosia Lake uranium [Docket No. 40–8905] Nadene G. Kennedy, mill facility. In a follow-up to the Permit Officer, Office of Polar Programs. Notice of Availability of Environmental proposed plan, Rio Algom submitted, [FR Doc. 05–12543 Filed 6–23–05; 8:45 am] Assessment and Finding of No under letter dated January 28, 2005, a BILLING CODE 7555–01–M Significant Impact for License response to a request for additional Amendment for Rio Algom Mining, LLC information and a Revised Relocation Plan. Rio Algom requested that the NATIONAL SCIENCE FOUNDATION AGENCY: Nuclear Regulatory Revised Relocation Plan be considered Commission. initially by NRC so that work can EarthScope Science and Education ACTION: Notice of availability. commence at the site. The staff has Advisory Committee Notice of Meeting prepared the EA in support of the FOR FURTHER INFORMATION CONTACT: proposed license amendment. Staff In accordance with the Federal Robert A. Nelson, Chief, Uranium considered impacts to the land surface, Advisory Committee Act (Public Law Processing Section, Fuel Cycle Facilities water, air, vegetation, public and worker 92–463, as amended), the National Branch, Division of Fuel Cycle Safety health and safety, cultural resources, Science Foundation announces the and Safeguards, Office of Nuclear wildlife, and wildlife habitat. The staff following meeting. Material Safety and Safeguards, U.S. found that the potential impacts of the Nuclear Regulatory Commission, proposed action are limited to the land Name: EarthScope Science and Education Washington, DC 20555–0001. Advisory Committee (#16638) surface and are temporary due to Telephone: (301) 415–7298 fax number: construction activities. The site Health, Dates/Time: 8:30 a.m.–5:30 p.m.–Tuesday, (301) 415–5955; e-mail: [email protected]. July 26, 2005. 8:30 a.m.–3 p.m.–Wednesday, Safety and Environment Management SUPPLEMENTARY INFORMATION: July 27, 2005. System provides adequate assurances to Place: Nevada Bureau of Mines & Geology, I. Introduction control impacts to the environment. The Univ. of Nevada, Reno, NV 89557–0088. proposed action will not result in The Nuclear Regulatory Commission adverse impacts to cultural and historic Type of Meeting: Open. (NRC) is issuing an amendment to Contact Person: Dr. Kaye Shedlock, properties or impact any threatened or Materials License No. SUA–1475 issued endangered species. The overall Program Director, EarthScope Program, to Rio Algom Mining, LLC (the aesthetics of the area will improve. Division of Earth Sciences, Room 785, licensee), to authorize the consolidating National Science Foundation, Arlington, VA, and transporting of materials associated III. Finding of No Significant Impact (703) 292–4693. with the lined evaporation ponds at its On the basis of the EA, NRC has Minutes: May be obtained from the contact Ambrosia Lake facility near Grants, NM. person listed above. NRC has prepared an Environmental concluded that there are no significant Purpose of Meeting: To provide advice and Assessment (EA) in support of this environmental impacts from the recommendations concerning support for amendment in accordance with the proposed amendment and has research, education and outreach in the requirements of 10 CFR Part 51. Based determined not to prepare an EarthScope Program. on the EA, the NRC has concluded that environmental impact statement. Agenda: To provide advice on EarthScope a Finding of No Significant Impact IV. Further Information Program measures of success, education and (FONSI) is appropriate. The amendment outreach plans, webpage development and will be issued following the publication Documents related to this action, other program issues. of this Notice. including the application for Dated: June 21, 2005. amendment and supporting II. EA Summary Susanne Bolton, documentation, are available The proposed action is the relocation electronically at the NRC’s Electronic Committee Management Officer. of the lined evaporation ponds (Section Reading Room at http://www.nrc.gov/ [FR Doc. 05–12542 Filed 6–23–05; 8:45 am] 4 Ponds and Pond 9) at the Ambrosia reading-rm/adams.html. From this site, BILLING CODE 7555–01–M Lake facility. The action includes the you can access the NRC’s Agencywide consolidation and removal of byproduct Document Access and Management material, transport of the material to the System (ADAMS), which provides text disposal site and disposal of material in and image files of NRC’s public accordance with NRC regulations. documents. The ADAMS accession In a letter dated November 1, 2004, numbers for the documents related to Rio Algom Mining, LLC (Rio Algom) this notice are as follows:

ADAMS ac- Document cession No. Date

Rio Algom Mining LLC, ‘‘Closure Plan-Lined Evaporation Ponds’’ ...... ML050240058 11/1/04 Rio Algom Mining LLC, ‘‘Response to Request for Additional Information for Closure Plan—Lined Evaporation Ponds at Rio Algom Mining LLC’s Ambrosia Lake Facility’’ ...... ML050730258 1/28/05 U.S. Fish and Wildlife Service Letter to J. Caverly ...... ML042780480 9/20/04 State of New Mexico Environment Department Letter to G. Janosko ...... ML051570252 4/22/05 Rio Algom Mining, LLC, ‘‘Response to Request for Additional Information Concerning Environmental Review’’ ML051670429 6/15/05 Environmental Assessment ...... ML051680226 6/17/05

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If you do not have access to ADAMS 20405. Members of the public wishing and to accommodate oral public or if there are problems in accessing the to reserve speaking time must contact comments whenever possible. To documents located in ADAMS, contact Ms. Anne Terry, AAP Staff Analyst, in facilitate Panel discussions at its the NRC’s Public Document Room (PDR) writing at: [email protected], by FAX meetings, the Panel may not accept oral reference staff at 1–800–397–4209, 301– at 202–501–3341, or mail at the address comments at all meetings. The Panel 415–4737, or by e-mail to [email protected]. given above for the DFO, no later than Staff expects that public statements These documents may also be viewed one week prior to the meeting. presented at Panel meetings will be electronically on the public computers SUPPLEMENTARY INFORMATION: (a) focused on the Panel’s statutory charter, located at the NRC’s PDR, O 1 F21, One Background: The purpose of the Panel is working group topics, and posted White Flint North, 11555 Rockville to provide independent advice and questions/issues, and not be repetitive Pike, Rockville, MD 20852. The PDR recommendations to the Office of of previously submitted oral or written reproduction contractor will copy Federal Procurement Policy and statements, and that comments will be documents for a fee. Congress pursuant to Section 1423 of relevant to the issues under discussion. Dated at Rockville, MD this 17th day of the Services Acquisition Reform Act of Oral Comments: Speaking times will be June, 2005. 2003. The Panel’s statutory charter is to confirmed by Panel staff on a ‘‘first- For the Nuclear Regulatory Commission. review Federal contracting laws, come/first-serve’’ basis. To Robert A. Nelson, regulations, and governmentwide accommodate as many speakers as policies, including the use of Chief, Uranium Processing Section, Fuel possible, oral public comments must be commercial practices, performance- Cycle Facilities Branch, Division of Fuel Cycle no longer than 10 minutes for the July Safety and Safeguards, Office of Nuclear based contracting, performance of 12th meeting. Because Panel members Material Safety and Safeguards. acquisition functions across agency may ask questions, reserved times will [FR Doc. E5–3291 Filed 6–23–05; 8:45 am] lines of responsibility, and be approximate. Interested parties must BILLING CODE 7590–01–P governmentwide contracts. Interested parties are invited to attend the meeting. contact Ms. Anne Terry, in writing (via The Panel also expects to hear from mail, e-mail, or fax identified above for OFFICE OF MANAGEMENT AND additional invited speakers from the Ms. Terry) at least one week prior to the BUDGET public and private sectors who will meeting in order to be placed on the address issues related to the Panel’s public speaker list for the meeting. Oral Acquisition Advisory Panel; statutory charter. In addition to invited requests for speaking time will not be Notification of Upcoming Meetings of speakers, the Panel also invites oral taken. Speakers are requested to bring the Acquisition Advisory Panel public comments at this meeting and extra copies of their comments and has reserved an estimated one hour for presentation slides for distribution to AGENCY: Office of Management and this purpose. Members of the public the Panel at the meeting. Speakers Budget, Executive Office of the wishing to address the Panel during the wishing to use a Power Point President. meeting must contact Ms. Anne Terry, presentation must e-mail the ACTION: Notice of Federal Advisory in writing, as soon as possible to reserve presentation to Ms. Terry one week in Committee meeting. time (see contact information above). advance of the meeting. Written Additional time for oral public SUMMARY: The Office of Management Statements: Although written comments is expected at future public and Budget announces a meeting of the statements are accepted until the date of meetings to be announced in the Acquisition Advisory Panel (AAP or the meeting (unless otherwise stated), Federal Register. ‘‘Panel’’) established in accordance with written statements should be received (b) Availability of Materials for the the Services Acquisition Reform Act of by the Panel Staff at least one week Meetings: Please see the Acquisition 2003. prior to the meeting date so that they Advisory Panel Web site for any may be made available to the Panel for DATES: A public meeting of the Panel available materials, including the draft their consideration prior to the meeting. will be held on July 12, 2005 beginning agenda for this meeting which will be at 9 a.m. eastern time and ending no posted prior to the meeting (http:// Written statements should be supplied later than 5 p.m. www.acqnet.gov/aap). Questions/issues to the DFO at the address/contact ADDRESSES: The July 12, 2005 meeting of particular interest to the Panel are information given in this Federal will be held at the Federal Deposit also available to the public on this Web Register Notice in one of the following Insurance Corporation (FDIC), Basement site. The Panel asks that the public formats (Adobe Acrobat, WordPerfect, Auditorium, 801 17th Street, NW., focus on these questions/issues when Word, or Rich Text files, in IBM–PC/ Washington, DC 20434. The public is presenting oral public comments or Windows 98/2000/XP format). Please asked to pre-register one week in submitting written statements to the note: Since the Panel operates under the advance for the meeting due to security Panel. The public may also obtain provisions of the Federal Advisory and seating limitations (see below for copies of Initial Working Group Reports Committee Act, as amended, all public information on pre-registration). presented at the March 30, 2005 public presentations or written statements will FOR FURTHER INFORMATION CONTACT: meeting, scope reports provided by each be treated as public documents and will Members of the public wishing further working group at the June 14, 2005 be made available for public inspection, information concerning this meeting, meeting (if a presentation was used), up to and including being posted on the the Acquisition Advisory Panel, or to and public presentations made to the Panel’s Web site. pre-register for the meeting, should Panel at its Web site under ‘‘Meeting (d) Meeting Accommodations: contact Ms. Laura Auletta, Designated Materials’’ and ‘‘Working Groups’’ at Individuals requiring special Federal Officer (DFO), at: http://www.acqnet.gov/aap. accommodation to access the public [email protected], phone/voice mail (c) Procedures for Providing Public (202) 208–7279, or mail at: General Comments: It is the policy of the meetings listed above should contact Services Administration, 1800 F. Street, Acquisition Advisory Panel to accept Ms. Auletta at least five business days NW., Room 4006, Washington, DC written public statements of any length,

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prior to the meeting so that appropriate General comments regarding the Only exclusive SIPs are required to arrangements can be made. above information should be directed to register with the Commission. An the following persons: (i) Desk Officer exclusive SIP is a SIP that engages on an Laura Auletta, for the Securities and Exchange exclusive basis on behalf of any national Designated Federal Officer (Executive Commission, Office of Information and securities exchange or registered Director), Acquisition Advisory Panel. Regulatory Affairs, Office of securities association, or any national [FR Doc. 05–12578 Filed 6–21–05; 2:06 pm] Management and Budget, Room 10202, securities exchange or registered BILLING CODE 3110–01–P New Executive Office Building, securities association which engages on Washington, DC 20503; or email to: an exclusive basis on its own behalf, in [email protected]; and (ii) R. collecting, processing, or preparing for distribution or publication, any SECURITIES AND EXCHANGE Corey Booth Director/Chief Information information with respect to (i) COMMISSION Officer, Office of Information Technology, Securities and Exchange transactions or quotations on or effected Submission for OMB Review; Commission, 100 F Street, NE., or made by means of any facility of such Comment Request Washington, DC 20549. Comments must exchange or (ii) quotations distributed be submitted to OMB within 30 days of or published by means of any electronic Upon Written Request, Copies Available this notice. quotation system operated by such From: Securities and Exchange association. The federal securities laws Dated: June 16, 2005. Commission, Office of Filings and require that before the Commission may Information Services, Washington, DC Jill M. Peterson, approve the registration of an exclusive 20549. Assistant Secretary. SIP, it must make certain mandatory [FR Doc. E5–3280 Filed 6–23–05; 8:45 am] Extension: Rule 18f–1, SEC File No. 270–187, findings. It takes a SIP applicant OMB Control No. 3235–0211 BILLING CODE 8010–01–P approximately 400 hours to prepare Form N–18F–1, SEC File No. 270–187, documents which include sufficient OMB Control No. 3235–0211 information to enable the Commission SECURITIES AND EXCHANGE to make those findings. Currently, there Notice is hereby given that, pursuant COMMISSION are only two exclusive SIPs registered to the Paperwork Reduction Act of 1995 with the Commission; The Securities (44 U.S.C. 3501–3520), the Securities Submission for OMB Review; Information Automation Corporation and Exchange Commission Comment Request (‘‘SIAC’’) and The Nasdaq Stock Market, (‘‘Commission’’) has submitted to the Inc. (‘‘Nasdaq’’). SIAC and Nasdaq are Office of Management and Budget Upon Written Request, Copies Available required to keep the information on file (‘‘OMB’’) a request for extension of the From: Securities and Exchange with the Commission current, which previously approved collection of Commission, Office of Filings and entails filing a form SIP annually to information discussed below. Information Services,Washington, DC update information. Accordingly, the Rule 18f–1 [17 CFR 270.18f–1] 20549. Extension: annual reporting and recordkeeping enables a registered open- burden for Rule 11Ab2–1 and Form SIP endmanagement investment company Rule 11Ab2–1, SEC File No. 270–23, OMB Control No. 3235–0043; Form SIP, SEC is 400 hours. This annual reporting and (‘‘fund’’) that may redeem its securities File No. 270–23, OMB Control No. 3235– recordkeeping burden does not include in-kind, by making a one-time election, 0043. the burden hours or cost of amending a to commit to make cash redemptions Notice is hereby given that pursuant Form SIP because the Commission has pursuant to certain requirements already overstated the compliance without violating section 18(f) of the to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities burdens by assuming that the Investment Company Act of 1940 [15 Commission will receive one initial and Exchange Commission U.S.C. 80a–18(f)]. A fund relying on the registration pursuant to Rule 11Ab2–1 (‘‘Commission’’) has submitted to the rule must file Form N–18F–1 [17 CFR on Form SIP a year. 274.51] to notify the Commission of this Office of Management and Budget a Rule 11Ab2–1 and Form SIP do not election. The Commission staff request for extension of the previously impose a retention period for any estimates that approximately 38 funds approved collection of information recordkeeping requirements. file Form N–18F–1 annually, and that discussed below. Completing and filing Form SIP is each response takes approximately one Rule 11Ab2–1 (Form of Application mandatory before an entity may become hour. Based on these estimates, the total and Amendments) and Form SIP an exclusive SIP. Except in cases where annual burden hours associated with establish the procedures by which a confidential treatment is requested by the rule is estimated to be 38 hours. Securities Information Processor (‘‘SIP’’) an applicant and granted by the The estimate of average burden hours files and amends its SIP registration Commission pursuant to the Freedom of is made solely for the purposes of the form. The information filed with the Information Act and the rules of the Paperwork Reduction Act, and is not Commission pursuant to Rule 11Ab2–1 Commission thereunder, information derived from a comprehensive or even and Form SIP is designed to provide the provided in the Form SIP will be a representative survey or study of the Commission with the information routinely available for public costs of Commission rules. The necessary to make the required findings inspection. Please note that an agency collection of information required by under the Act before granting the SIP’s may not conduct or sponsor, and a rule 18f–1 is necessary to obtain the application for registration. In addition, person is not required to respond to, a benefits of the rule. Responses to the the requirement that a SIP file an collection of information unless it collection of information will not be amendment to correct any inaccurate displays a currently valid control kept confidential. An agency may not information is designed to assure that number. conduct or sponsor, and a person is not the Commission has current, accurate Written comments regarding the required to respond to, a collection of information with respect to the SIP. above information should be directed to information unless it displays a This information is also made available the following persons: (1) The Desk currently valid control number. to members of the public. Officer for the Securities and Exchange

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Commission, Office of Information and new applications from broker-dealers to quality, utility, and clarity of the Regulatory Affairs, Office of initiate or resume publication of information collected; and (d) ways to Management and Budget, Room 10102, covered OTC securities in the OTC minimize the burden of the collection of New Executive Office Building, Bulletin Board and/or the Pink Sheets or information on respondents, including Washington, DC, 20503 or by sending an other quotation mediums were received through the use of automated collection e-mail to: [email protected]; by the NASDR for the 2004 calendar techniques or other forms of information and (ii) R. Corey Booth, Director/Chief year. We estimate that 80% of the technology. Information Officer, 100 F Street, NE., covered OTC securities were issued by Written comments regarding the Washington, DC 20549. Comments must reporting issuers, while the other 20% above information should be directed to be submitted to OMB within 30 days of were issued by non-reporting issuers. the following persons: (i) Desk Officer this notice. We believe that it will take a broker- for the Securities and Exchange Dated: June 16, 2005. dealer about 4 hours to collect, review, Commission, Office of Information and record, retain, and supply to the NASDR Regulatory Affairs, Office of Jill M. Peterson, the information pertaining to a reporting Management and Budget, Room 10102, Assistant Secretary. issuer, and about 8 hours to collect, New Executive Office Building, [FR Doc. E5–3286 Filed 6–23–05; 8:45 am] review, record, retain, and supply to the Washington, DC 20503, or by sending an BILLING CODE 8010–01–P NASDR the information pertaining to a e-mail to [email protected]; non-reporting issuer. and (ii) R. Corey Booth, Director/Chief We therefore estimate that broker- Information Officer, Office of SECURITIES AND EXCHANGE dealers who are the first to publish the Information Technology, Securities and COMMISSION first quote for a covered OTC security of Exchange Commission, 100 F Street, a reporting issuer will require 3,840 NE., Washington, DC 20549. Comments Submission for OMB Review; hours (1,200 × 80% × 4) to collect, Comment Request must be submitted to OMB within 30 review, record, retain, and supply to the days of this notice. NASDR the information required by the Upon Written Request, Copies Available Dated: June 16, 2005. From: Securities and Exchange Rule. We estimate that the broker- Jill M. Peterson, Commission, Office of Filings and dealers who are the first to publish the Information Services, Washington, DC first quote for a covered OTC security of Assistant Secretary. 20549. a non-reporting issuer will require 1,920 [FR Doc. E5–3287 Filed 6–23–05; 8:45 am] hours (1,200 × 20% × 8) to collect, BILLING CODE 8010–01–P Extension: review, record, retain, and supply to the Rule 15c2–11, SEC File No. 270–196, OMB Control No. 3235–0202. NASDR the information required by the Rule. We therefore estimate the total SECURITIES AND EXCHANGE Notice is hereby given that pursuant annual burden hours for the first broker- COMMISSION to the Paperwork Reduction Act of 1995 dealers to be 5,760 hours (3,840 + [Release No. IC–26910; File No. 812–13127] (44 U.S.C. 3501 et seq.) the Securities 1,920). The Commission estimates that and Exchange Commission the annual cost to comply with Rule GE Life and Annuity Assurance (‘‘Commission’’) has submitted to the 15c2–11 is $115,200 ($20 per hour times Company, et al., Notice of Application Office of Management and Budget 5,760 hours). request for extension of the previously Subject to certain exceptions, the Rule June 17, 2005. approved collection of information prohibits brokers-dealers from AGENCY: The Securities and Exchange discussed below. publishing a quotation for a security, or Commission (‘‘Commission’’). The Commission adopted Rule 15c2– submitting a quotation for publication, ACTION: Notice of application for an 11 1 (Rule 15c2–11 or Rule) in 1971 in a quotation medium unless they have Order pursuant to Section 26(c) of the under the Securities Exchange Act of reviewed specified information Investment Company Act of 1940 1934 2 (Exchange Act) to regulate the concerning the security and the issuer. (‘‘1940 Act’’). initiation or resumption of quotations in The broker-dealer just also make the a quotation medium by a broker-dealer information reasonably available upon Applicants: GE Life and Annuity for over-the-counter (OTC) securities. request to any person expressing an Assurance Company and GE Capital Life The Rule was designed primarily to interest in a proposed transaction in the Assurance Company of New York prevent certain manipulative and security with such broker or dealer. The (collectively, the ‘‘Companies’’), and GE fraudulent trading schemes that had collection of information that is Capital Life Separate Account II and GE arisen in connection with the submitted to the NASDR for review and Life & Annuity Separate Account II and distribution and trading of unregistered approval is currently not available to the GE Life & Annuity Separate Account 4 securities issued by shell companies or public from the NASDR. (collectively, the ‘‘Separate Accounts’’) other companies having outstanding but An agency may not conduct or (the Companies and the Separate infrequently traded securities. Subject to sponsor, and a person is not required to Accounts collectively referred to as the certain exceptions, the Rule prohibits respond to, a collection of information ‘‘Applicants’’). brokers-dealers from publishing a unless it displays a currently valid Summary of the Application: quotation for a security, or submitting a control number. Applicants request an Order pursuant to quotation for publication, in a quotation Written comments are invited on: (a) Section 26(c) of the 1940 Act to permit medium unless they have reviewed Whether the proposed collection of the substitution of shares of the GE specified information concerning the information is necessary for the proper Investments Funds, Inc.—Global Income security and the issuer. performance of the functions of the Fund (‘‘GE Global Fund’’), currently According to NASDR estimates, we agency, including whether the held in the Separate Accounts, for also believe that approximately 1,200 information will have practical utility; shares of the Franklin Templeton (b) the accuracy of the agency’s estimate Variable Insurance Products Trust— 1 17 CFR 240.15c2-11. of the burden of the collection of Templeton Global Income Securities 2 15 U.S.C. 78a et seq. information; (c) ways to enhance the Fund—Class 1 (‘‘FT Global Fund’’).

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Filing Date: The application was filed 2. GE Life & Annuity Separate accounts, each of which invests in an on September 17, 2004, and amended Account II (‘‘Separate Account II’’) was underlying mutual fund. and restated on June 2, 2005. established by GELAAC pursuant to the 7. The current prospectuses for the Hearing or Notification of Hearing: An laws of the Commonwealth of Virginia Contracts, and the Contracts themselves, order granting the application will be on August 21, 1986 as a segregated asset contain provisions stipulating the issued unless the Commission orders a account and is registered under the 1940 Companies’ right to substitute shares of hearing. Interested persons may request Act as a unit investment trust (File No. one underlying mutual fund for shares a hearing by writing to the 811–4885). Separate Account II supports of another underlying mutual fund in Commission’s secretary and serving variable life insurance policies, the the event that: (i) the underlying mutual applicants with a copy of the request, interests in which are registered under fund option currently available under personally or by mail. Hearing requests the Securities Act of 1933 (the ‘‘1933 the Contracts is no longer available for should be received by the Commission Act’’) (File Nos. 33–09651, 333–32071, investment by the Separate Accounts; or by 5:30 p.m. on July 12, 2005, and 333–82311, 333–41031, and 333– (ii) in the judgment of the Company’s should be accompanied by proof of 111208). management, further investment in service on the applicants, in the form of 3. GE Life & Annuity Separate currently available underlying mutual an affidavit or, for lawyers, a certificate Account 4 (‘‘Separate Account 4’’) was fund shares is inappropriate in view of of service. Hearing requests should state established by GELAAC pursuant to the the purposes of the Contracts. 8. None of the Contracts are being the nature of the writer’s interest, the laws of the Commonwealth of Virginia actively marketed by the Companies. reason for the request, and the issues on August 19, 1987 as a segregated asset Although existing Contract owners are contested. Persons who wish to be account and is registered under the 1940 permitted to make additional notified of a hearing may request Act as a unit investment trust (File No. subsequent purchase payments, the notification by writing to the 811–5343). Separate Account 4 supports Companies do not anticipate acquiring Commission’s secretary. deferred variable annuity contracts, the interests in which are registered under new assets through new Contract ADDRESSES: Secretary, Securities and the 1933 Act (File Nos. 33–17428, 33– owners. Exchange Commission, 100 F Street, 76336, 33–76334, 333–96513, 333– 9. The GE Global Fund is a series of NE., Washington, DC 20549–9303. 62695, and 333–63531). GE Investments Funds, Inc. (‘‘GIF’’). GIF Applicants, Heather Harker, Vice 4. GE Capital Life Assurance is registered with the Commission as an President and Associate General Company of New York (‘‘GECLANY’’), open-end management investment Counsel, Genworth Financial, 6610 located at 622 Third Avenue, 33rd company and presently consists of 14 West Broad Street, Richmond, Virginia Floor, New York, New York 10017, is a separate series (File Nos. 2–91369; 811– 23230. stock life insurance company that was 04041). GE Asset Management FOR FURTHER INFORMATION CONTACT: incorporated under the laws of the State Incorporated (‘‘GEAM’’) is the Mark Cowan, Senior Counsel, or Zandra of New York in 1988. GECLANY investment adviser and administrator of Bailes, Branch Chief, Office of Insurance principally offers variable annuities and the GE Global Fund. GEAM is a wholly- Products, Division of Investment variable life insurance policies. owned subsidiary of GE and, by virtue Management, at (202) 551–6795. GECLANY is licensed to do business in of GE’s indirect ownership of the State of New York. GECLANY is an approximately 70% of the outstanding SUPPLEMENTARY INFORMATION: The indirect, wholly-owned subsidiary of common stock of Genworth, could be following is a summary of the Genworth. deemed to be an affiliated person of the application. The complete application 5. GE Capital Life Separate Account II Companies. The GE Global Fund is may be obtained for a fee from the SEC’s (‘‘Capital Account II’’) was established available only through the Contracts, Public Reference Branch, 100 F Street, by GECLANY pursuant to the laws of which as noted previously are no longer NE., Room 1580, Washington, DC 20549 the State of New York on April 1, 1996 being sold by the Companies. (telephone (202) 551–5850). as a segregated asset account and is 10. Applicants have been informed Applicant’s Representations registered under the 1940 Act as a unit that GEAM wishes to liquidate the GE investment trust (File No. 811–8475). Global Fund and terminate its 1. GE Life and Annuity Assurance Capital Account II supports deferred operations. GEAM has explained to Company (‘‘GELAAC’’), located at 6610 variable annuity contracts, the interests Applicants that the GE Global Fund was West Broad Street, Richmond, Virginia in which are registered under the 1933 created to serve as an investment option 23230, is a stock life insurance company Act (File No. 333–39955). for variable annuity contracts and incorporated under the laws of the 6. Each variable annuity contract and variable life insurance policies offered Commonwealth of Virginia and variable life insurance policy by GE-affiliated insurers. According to operating under a charter granted by the (collectively, the ‘‘Contracts’’) issued by GEAM, the GE Global Fund has not Commonwealth in 1871. GELAAC the Companies through the Separate attracted sufficient assets to grow to an principally offers annuity contracts, Accounts has a variable investment efficient size and there is no realistic guaranteed investment contracts, component that allows an investor to expectation that it will do so in the funding agreements and life insurance. allocate purchase payments among a future as the Contracts are no longer GELAAC is licensed to do business in specific menu of underlying mutual actively marketed by the Companies. the District of Columbia and all states fund options. Some of the Contracts also Thus, it is not anticipated that the GE except New York. GELAAC is an provide for a fixed account allocation, Global Fund will attain economies of indirect wholly-owned subsidiary of which is supported by the assets of the scale and the benefits associated Genworth Financial, Inc. (‘‘Genworth’’), Company’s general account. The therewith. Additionally, the GE Global a publicly-traded company. General Separate Accounts maintain separate Fund consistently has been out- Electric Company (‘‘GE’’), through its sub-accounts for each underlying performed by other mutual funds with indirect wholly owned subsidiary, GE mutual fund available under the similar objectives. In light of these Financial Assurance Holdings, Inc., Contracts. Contract owners may factors, GEAM has presented the GIF owns approximately 70% of the currently choose to have purchase Board of Directors with a proposal to outstanding common stock of Genworth. payments allocated to one or more sub- liquidate the GE Global Fund and the

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GIF Board has determined that diversified as defined by Section 5(b)(2) 18. The table below compares the liquidating the GE Global Fund is in the of the 1940 Act. audited fees and expenses (as of best interest of shareholders. 15. GE Global Fund—Investment December 31, 2004) of the GE Global 11. In light of the foregoing, Risks. Because the GE Global Fund Fund and the FT Global Fund. As the Applicants propose to substitute shares invests primarily in debt securities, the table reflects, the total expenses of the of the GE Global Fund with shares of the principal risks of investing in this Fund FT Global Fund are lower than those of FT Global Fund. The FT Global Fund is are interest rate and credit risk. The the GE Global Fund. a series of the Franklin Templeton Fund is also subject to foreign securities Variable Insurance Products Trust (File risk because its assets are invested in GE Global FT Global Nos. 33–23493; 811–5583). The FT fund fund securities of issuers from around the (percent) (percent) Global Fund and its investment adviser, world, including issuers located or Franklin Advisers, Inc., are not affiliated doing business in emerging markets, Management with the Companies or their Separate which exposes the Fund to emerging Fees ...... 0.60 0.62 Accounts. markets risk. To the extent the Fund Other Expenses 0.26 0.16 12. Applicants believe that the FT invests in below-investment grade debt 12b–1 Fees ...... None None Global Fund is an appropriate substitute securities, the Fund is subject to the for the GE Global Fund because the FT Total Ex- risks associated with high-yield, lower- penses ...... 0.86 0.78 Global Fund has: (i) investment rated instruments. Finally, the Fund objectives, strategies and risks that are may invest in derivative instruments 19. The table below compares the substantially similar to those of the GE which carry derivative instruments risk. Global Fund; (ii) lower total operating asset size of the GE Global Fund and the 16. FT Global Fund—Investment expenses than the GE Global Fund; (iii) FT Global Fund as well as their Objectives and Strategies. The Fund’s a larger asset base than the GE Global respective performance history as of investment objective is high current Fund; and (iv) returns that demonstrate December 31, 2004. income, consistent with preservation of that it has significantly outperformed capital. Capital appreciation is a GE Global FT Global the GE Global Fund. secondary consideration. Under normal fund fund 13. The discussion below compares (percent) (percent) the investment objectives, investment market conditions, the Fund invests risks and strategies of the GE Global mainly in debt securities of Inception Date .. 05/01/97 01/24/89 Fund and the FT Global Fund. governments and their political Net Assets (in Applicants submit that the investment subdivisions and agencies, millions) ...... $16.7 $49.5 objectives, strategies and risks of the GE supranational organizations and companies located anywhere in the Average Annual Total Return for the Periods Global Fund are substantially similar to Ended December 31, 2004 those of the FT Global Fund. world, including emerging markets. Under normal circumstances, the 14. GE Global Fund—Investment 1 Year ...... 5.72 15.09 Objectives and Strategies. The GE Fund’s assets are invested in issuers in 3 Years ...... 12.55 19.79 Global Fund seeks high return, at least three countries, one of which 5 Years ...... 6.84 12.91 emphasizing current income, and, to a may be the United States. The Fund 10 Years ...... N/A 9.08 lesser extent, capital appreciation. The focuses on investment grade debt GE Global Fund seeks to achieve its securities but may invest up to 30% of 20. The prospectuses, as well as the objective by investing in a combination its net assets in lower-rated securities, Contracts, state that the Companies may of foreign and domestic debt securities, including debt obligations of emerging substitute, eliminate, and/or combine with an emphasis in foreign debt market issuers, and up to 10% in shares of one mutual fund for shares of securities. Under normal circumstances, defaulted debt securities. The manager another mutual fund already purchased the Fund invests in securities of allocates the Fund’s assets among or to be purchased in the future if either companies or governments representing issuers, geographic regions, and of the following occurs: (i) Shares of a at least three different countries, one of currencies based upon its assesment of: current mutual fund are no longer which may be the United States. The Relative interest rates among currencies, available for investment; or (ii) in the particular types of securities in which outlook for changes in interest rates, and judgment of our Company’s the Fund invests include foreign credit risks. The Fund is non-diversified management, investment in a mutual government securities, foreign and as defined by Section 5(b)(2) of the 1940 fund’s shares are inappropriate for domestic corporate bonds, U.S. Act. purposes of the Contracts. Government securities, and money 17. FT Global Fund—Investment 21. Applicants note that in view of the market instruments. The Fund may Risks. Like the GE Global Fund, the FT fact that GEAM has proposed to invest up to 25% of its net assets in Global Fund is subject to interest rate liquidate the GE Global Fund, below-investment grade debt securities and credit risk with respect to its Applicants are exercising their rated B or higher by S&P or Moodys (or investments in debt securities. Because contractual right, subject to Commission otherwise comparably rated). Of that the Fund invests its assets around the approval, to provide Contract owners 25%, no more than 10% may be world, the Fund is also subject to with alternative investment options represented by securities in the B rating foreign securities risk as well as through a substitution transaction. category. The Fund may also invest in emerging markets risk. To the extent the Applicants have taken several steps securities of emerging market issuers Fund invests in below-investment grade toward accomplishing the proposed and in derivatives. In selecting debt securities, the Fund will be subject substitution. The Companies have investments for the Fund, the portfolio to the risks associated with high yield, added the FT Global Fund to the manager considers factors such as: lower-rated instruments. In addition, as Contract registration statements via a currency and interest rate trends; the the manager uses derivatives in post-effective amendment and have instrument’s duration; yield; issuer managing the portfolio, the Fund is delivered a current prospectus for the credit quality; and prospects for capital subject to the risks associated with those FT Global Fund to all Contract owners. appreciation. The Fund is non- instruments. In addition, supplements have been sent

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to all Contract owners informing Contract value or in the dollar value of Moreover, in the insurance product Contract owners that the Companies his or her investment in the Separate context, a contract owner forced to have filed an application with the Account. Fees charged under the redeem may suffer adverse tax Commission to effect a substitution of Contracts will not increase because of consequences. Section 26(c) affords shares of the FT Global Fund for shares the substitution. In addition, no charges protection to investors by preventing a of the GE Global Fund. The substitution will be assessed in connection with the depositor or trustee of a unit investment transaction will be effected on a date substitution transaction. The Companies trust that holds shares of one issuer designated by the Companies (the will bear all of the costs (including from substituting for those shares the ‘‘Exchange Date’’). legal, accounting, brokerage, and other shares of another issuer, unless the 22. Contract owners also will be expenses) associated with the Commission approves that substitution. advised that they are free to transfer substitution. The proposed substitution 3. Applicants submit that the assets from the GE Global Fund to any will not impose any tax liability on proposed substitution is in the best of the investment options available Contract owners and will not cause the interests of Contract owners and will under the Contracts, in accordance with fees and charges currently being paid by not give rise to the type of costly forced the terms of the Contracts, in advance of existing Contract owners to be greater redemption that Section 26(c) was the Exchange Date without the after the proposed substitution than intended to guard against. Applicants imposition of any restrictions or fees. before the proposed substitution. The further submit that, for the reasons Likewise, after the Exchange Date, substitution will in no way alter the discussed below, the Commission Contract owners affected by the insurance benefits to Contract owners or should find that the substitution is substitution will be free to transfer the contractual obligations of the consistent with the protection of assets from the FT Global Fund to any Companies. investors and the purposes fairly other investment option without 24. Within five (5) days after the intended by the 1940 Act. restriction or the imposition of any fees Exchange Date, all Contract owners 4. Applicants have proposed the for at least thirty (30) days after the affected by the substitution transaction substitution in response to GEAM’s Exchange Date. Contract owners may will receive a written confirmation. The decision to recommend the liquidation still be restricted to trade via U.S. mail confirmation will state that Contract of the GE Global Fund to the GIF Board or overnight delivery service as owners may transfer Contract value of Directors. Applicants have been described in the current prospectus. All allocated to the FT Global Fund as a informed that the GIF Board believes it necessary forms and other information result of the substitution transaction to is in the best interest of shareholders to necessary for Contract owners to any other available sub-accounts. The liquidate the GE Global Fund and is effectuate exchanges among investment notice will also reiterate that the expected to act on GEAM’s proposal options will continue to be provided. In Companies will not exercise any right pending the outcome of the application. addition, Applicants represent that they reserved by them under the Contracts to As discussed previously, GEAM will not exercise their right to impose a impose any fees on transfers involving proposed the liquidation because the GE fee on transfers involving the GE Global the FT Global Fund until at least thirty Global Fund has not attracted assets Fund during the thirty day period (30) days after the Exchange Date. sufficient to achieve economies of scale, leading up to the substitution or on However, as discussed above, Contract and the Fund’s performance has lagged transfers involving the FT Global Fund owners who have exceeded the 12 behind that of its peers. Because the GE during the thirty day period following transfer limitation may be required to Global Fund is available only through the substitution. Moreover, Applicants submit transfer requests involving the the Contracts and the Companies no presently permit Contract owners to Funds by U.S. mail or overnight longer sell the Contracts, there is no make unlimited transfers. However, any delivery. realistic expectation that the GE Global transfer after the 12th in a calendar year Fund will grow in size. Applicants’ Legal Analysis must be submitted by U.S. mail or 5. Applicants submit that the FT overnight delivery. Applicants represent 1. Section 26(c) of the 1940 Act Global Fund is an appropriate substitute that they will honor, during the 30 day prohibits a depositor or trustee of a for the GE Global Fund. The FT Global periods prior to and after the registered unit investment trust holding Fund has investment objectives, substitution, one transfer request the securities of the single issuer from strategies and risks that are substantially involving the FT Global Fund that is not substituting another security for such similar to those of the GE Global Fund. submitted by U.S. mail or overnight security unless the Commission Accordingly, the proposed substitution delivery by a Contract owner who has approves the substitution, finding that it should not cause Contract owners to exceeded or, because of such transfer, is consistent with the protection of surrender their Contracts for purposes of will exceed the 12 transfer limitation. investors and the purposes fairly seeking out other investment 23. On the Exchange Date, shares of intended by the policy and provisions of opportunities in order to maintain a the GE Global Fund held by the the 1940 Act. desired investment strategy. On the Separate Account will be redeemed. 2. The legislative history makes clear contrary, Applicants believe that the FT Contemporaneously with this that the purpose of Section 26(c) is to Global Fund should provide Contract redemption, proceeds received from the protect the expectation of investors in a owners with continuity of investment GE Global Fund will be used to unit investment trust that the unit objectives and expectations. In this purchase shares in the FT Global Fund. investment trust will accumulate shares connection, Applicants submit that the All shares will be purchased and of a particular issuer by preventing Funds have substantially similar redeemed at each Fund’s current net unscrutinized substitutions that might, investment objectives as they both seek asset value per share next computed in effect, force shareholders dissatisfied high returns, with an emphasis on after receipt of the purchase and with the substituted security to redeem current income. Capital appreciation is redemption requests, consistent with their shares, thereby possibly incurring a secondary consideration for both Section 22(c) of the 1940 Act and Rule either a loss of the sales load deducted Funds. The investment strategies of the 22c–1 thereunder. Applicants submit from initial premium payments, an Funds are also substantially similar as that there will be no change in the additional sales load upon reinvestment both Funds invest primarily in debts amount of any Contract owner’s of the redemption proceeds, or both. securities of issuers from around the

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world. The assets of each Fund are that the expenses of the GE Global Fund to be greater after the substitution than represented by issuers from at least will remain higher than those of the FT before the substitution. three countries, one of which may be Global Fund. Thus, the substitution will (d) All Contract owners will be given the United States. In addition, both not result in Contract owners paying a prior notice of the substitution and will Funds may invest in securities of issuers higher level of expenses. have an opportunity for 30 days after located, or that do business in, emerging 9. Applicants asset that after taking all the Exchange Date to reallocate Contract markets. Although the Funds have of these factors into consideration— value among other available sub- authority to invest in below-investment namely that (1) the investment accounts without the restriction or the grade debt securities, they both focus objectives, strategies and risks of the imposition of any fees. their investments on investment-grade Funds are substantially similar, (2) the (e) Within five days after the debt. And, while the FT Global Fund FT Global Fund consistently has substitution, the Companies will send to may invest a greater percentage of its outperformed the GE Global Fund, (3) affected Contract owners written assets in below-investment grade debt the FT Global Fund has produced a confirmation that the substitution has than the GE Global Fund (30% vs. 25%), higher level of income for its occurred. Applicants submit that this limited shareholders year after year, (4) the FT (f) The substitution will in no way flexibility does not significantly or Global Fund has lower operating alter the insurance benefits to Contract meaningfully increase the risk profile of expenses than the GE Global, and (5) the owners or the contractual obligations of the FT Global Fund as compared to that GIF Board has determined that the the Companies. of the GE Global Fund because of the FT liquidation of the GE Global Fund (g) The substitution will have no Global Fund’s stated focus on would be in the best interests of its adverse tax consequences to Contract investment-grade debt. In fact, the shareholders—if Contract owners are owners and will in no way alter the tax average credit quality of the debt not satisfied with the FT Global Fund as benefits to Contract owners. securities comprising the FT Global a replacement for the GE Global Fund, Conclusion: Applicants request an Fund as of December 31, 2004 was AA- it is important to note that they will order of the Commission pursuant to /A+. Moreover, annual returns, which have a myriad of options under their Section 26(c) of the 1940 Act approving can provide an indication of the risks of Contracts, managed by a diverse group the Substitution. Section 26(c), in investing in a fund, demonstrate that, of quality investment advisers, from pertinent part, provides that the year after year, the FT Global Fund is a which to choose if they decide to Commission shall issue an order more consistent performer than the GE transfer their assets. approving a substitution of securities if Global Fund. Furthermore, the FT 10. Furthermore, the Companies the evidence establishes that it is Global Fund’s consistently higher submit that the substitution and the consistent with the protection of income ratios strongly suggest that the selection of the FT Global Fund were investors and the purposes fairly Fund’s investment approach to not motivated by any financial intended by the policy and provisions of achieving its objective of high current consideration paid or to be paid to the the Act. Thus, Applicants assert that, for income is superior to and more effective Companies or their affiliates by the FT the reasons and upon the facts set forth than the GE Global Fund’s approach. Global Fund, its advisor or underwriter, above, the requested order meets the 6. Because both Funds have or their respective affiliates. In this standards set forth in Section 26(c) and substantially similar objectives and connection, Applicants represent that should, therefore, be granted. strategies, their portfolios are subject to the Companies will not receive, for 36 For the Commission, by the Division of the same types of principal risks, months following the Exchange Date, Investment Management, pursuant to including the following: Interest rate any direct or indirect benefits from the delegated authority. risk, credit risk, foreign securities risk, FT Global Fund, its advisor or Jill M. Peterson, emerging markets risk, derivatives risk, underwriter (or their affiliates) at a rate Assistant Secretary. and non-diversification risk. higher than that which they had [FR Doc. E5–3279 Filed 6–23–05; 8:45 am] 7. Furthermore, the performance received from the GE Global Fund, its history of the FT Global Fund is advisor or underwriter (or their BILLING CODE 8010–01–P significantly better than that of the GE affiliates), including without limitation Global Fund. Given the reasons offered 12b-1, shareholder service, SECURITIES AND EXCHANGE by GEAM for the liquidation of the GE administration or other service fees, COMMISSION Global Fund, Applicants believe that the revenue sharing or other arrangements. FT Global Fund should continue to 11. In addition to the foregoing, Sunshine Act Meetings outperform the GE Global Fund. Applicants submit that the proposed Factoring into this conclusion is the fact substitution satisfies the standards of Notice is hereby given, pursuant to that the FT Global Fund has Section 26(c) because: the provisions of the Government in the substantially greater assets than the GE (a) The costs of the substitution, Sunshine Act, Pub. L. 94–409, that the Global Fund. This creates the including any brokerage costs, will be Securities and Exchange Commission opportunity for better performance borne by the Companies and will not be will hold the following meetings during because the FT Global Fund’s fixed borne by Contract owners. No charges the week of June 27, 2005: costs are spread across a larger number will be assessed to effect the An Open Meeting will be held on of shareholders. The economies of scale substitution. Wednesday, June 29, 2005, at 10 a.m. in inherent in the FT Global Fund’s greater (b) The substitution will be effected at Room L–002, the Auditorium, at the asset size will be passed to Contract the net asset values of the respective Securities and Exchange Commission’s new owners. shares without the imposition of any headquarters located at 100 F Street, NE., and 8. Importantly, the total operating transfer or similar charge and with no a Closed Meeting will be held on Thursday, expenses of the FT Global Fund are change in the amount of any Contract June 30, 2005 at 2 p.m. lower than those of the GE Global Fund. owner’s accumulation value. Commissioners, Counsel to the Given that there is no expectation for (c) The Substitution will not cause the Commissioners, the Secretary to the any significant growth in the assets of fees and charges under the Contracts Commission, and recording secretaries the GE Global Fund, Applicants believe currently being paid by Contract owners will attend the Closed Meeting. Certain

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staff members who have an interest in of complying with the 75% independent Register on May 13, 2005.4 The the matters may also be present. director condition and the independent Commission received no comments on The General Counsel of the chairman condition and (2) a disclosure the proposal, as amended. Commission, or his designee, has alternative to the independent chairman After careful review, the Commission certified that, in his opinion, one or condition. For further information, please contact finds that the proposal, as amended, is more of the exemptions set forth in 5 Penelope Saltzman, Division of Investment consistent with the requirements of the U.S.C. 552b(c)(3), (5), (7), (9)(B), and Management, at (202) 551–6792. (10) and 17 CFR 200.402(a)(3), (5), (7), Act and the rules and regulations 9(ii) and (10), permit consideration of The subject matters of the Closed thereunder applicable to a national 5 the scheduled matters at the Closed Meeting scheduled for Thursday, June securities exchange. In particular, the Meeting. 30, 2005, will be: Commission finds that the proposed Chairman Donaldson, as duty officer, Post-argument discussion; rule change, as amended, is consistent voted to consider the items listed for the Settlement of injunctive actions; with Section 6(b)(5) of the Act,6 because closed meeting in closed session. Institution and settlement of it is designed to prevent fraudulent and The subject matters of the Open administrative proceedings of an manipulative acts and practices, to Meeting scheduled for Wednesday, June enforcement nature; and an promote just and equitable principles of 29, 2005 will be: Adjudicatory matter. trade, to foster cooperation and At times, changes in Commission 1. The Commission will consider whether coordination with persons engaged in to adopt final rules that would modify and priorities require alterations in the regulating, clearing, settling, processing advance significantly the registration, scheduling of meeting items. information with respect to and communications, and offering processes For further information and to facilitating transactions in securities, to under the Securities Act of 1933. The rules ascertain what, if any, matters have been remove impediments to and perfect the would eliminate unnecessary and outmoded added, deleted or postponed, please mechanism of a free and open market restrictions on offerings. In addition, the contact: rules would provide more timely investment The Office of the Secretary at (202) and a national market system, and, in information to investors without mandating 551–5400. general, to protect investors and the inappropriate delays in the offering process. public interest. The rules also continue our long-term efforts Dated: June 22, 2005. Specifically, the Commission believes toward integrating disclosure and processes Jill M. Peterson, that the proposal to eliminate the under the Securities Act and the Securities Assistant Secretary. Exchange Act of 1934. The rules accomplish requirement that a closing rotation be [FR Doc. 05–12647 Filed 6–22–05; 11:43 am] these goals by addressing communications held in every option series at the end of related to registered securities offerings, BILLING CODE 8010–01–P every trading day is reasonable given delivery of information to investors, and procedural restrictions in the offering and the Exchange’s representations that use capital formation process. SECURITIES AND EXCHANGE of the ANTE System during the last For further information, please contact COMMISSION eleven months has shown closing Amy Starr, Daniel Horwood, or Anne rotation to be unnecessary when no Nguyen, Division of Corporation Finance, at [Release No. 34–51873; File No. SR–Amex– market-on-close or limit-on-close orders (202) 551–3115 or, with regard to investment have been submitted. Accordingly, the companies, Kieran Brown, Division of 2005–033] Investment Management, at (202) 551–6825. Commission believes it is appropriate 2. The Commission will consider whether Self-Regulatory Organizations; for the Exchange to revise Amex Rule to adopt final rules amending Form S–8, American Stock Exchange LLC; Order 918—ANTE(a)(4) to provide that closing Form 8-K, and Form 20-F, as well as defining Approving Proposed Rule Change and rotations shall only occur in those the term ‘‘shell company’’ and amending the Amendment No. 1 Thereto To Amend options series in which market-on-close definition of the term ‘‘succession.’’ The Rule 918—ANTE(a)(4) Regarding and limit-on-close orders have been rules would address: (1) The use of Form S– Closing Rotations submitted. 8 by shell companies; and (2) the information required to be disclosed in a report on Form June 17, 2005. It is therefore ordered, pursuant to 8-K or Form 20-F filed when a company On March 17, 2005, the American Section 19(b)(2) of the Act,7 that the becomes a shell company or ceases to be a Stock Exchange LLC (‘‘Amex’’ or proposed rule change, as amended, (SR– shell company. The rules are designed to ‘‘Exchange’’) filed with the Securities Amex–2005–033) be, and it hereby is, assure that investors in shell companies that acquire operations or assets have access on and Exchange Commission approved. a timely basis to the same kind of (‘‘Commission’’) a proposed rule change For the Commission, by the Division of information as is available to investors in pursuant to Section 19(b)(1) of the Market Regulation, pursuant to delegated public companies with continuing Securities Exchange Act of 1934 authority.8 operations. (‘‘Act’’)1 and Rule 19b–4 thereunder,2 to For further information, please contact amend Amex Rule 918—ANTE(a)(4) to Jill M. Peterson, Gerald J. Laporte, Chief, or Kevin M. O’Neill, eliminate the requirement that a closing Assistant Secretary. Special Counsel, Office of Small Business rotation be held in every option series [FR Doc. E5–3276 Filed 6–23–05; 8:45 am] Policy, Division of Corporation Finance, at at the end of every trading day. The BILLING CODE 8010–01–P (202) 551–3460. 3. The Commission will consider the Amex submitted an amendment to the 3 matters remanded to the Commission by the proposal on April 14, 2005. The 4 See Securities Exchange Act Release No. 51671 U.S. Court of Appeals for the District of proposed rule change, as amended, was (May 9, 2005), 70 FR 25629. Columbia Circuit on June 21, 2005 in its published for comment in the Federal 5 In approving this proposed rule change, the decision in Chamber of Commerce v. SEC Commission notes that it has considered the proposed rule’s impact on efficiency, competition regarding the Commission’s ‘‘Investment 1 15 U.S.C. 78s(b)(1). and capital formation. See 15 U.S.C. 78c(f). Company Governance’’ rules (69 FR 46378 2 17 CFR 240.19b–4. 6 (Aug. 2, 2004)). The remanded matters, as 3 See Form 19b–4 dated April 14, 2005 15 U.S.C. 78f(b)(5). discussed more fully in the court’s opinion (Amendment No. 1), replacing the original filing in 7 15 U.S.C. 78s(b)(2). (http://www.cadc.uscourts.gov), are (1) costs its entirety. 8 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s all of the period when trading is COMMISSION Statement of the Purpose of, and occurring (as is typically the case with Statutory Basis for, the Proposed Rule pre-market-open and after-hours [Release No. 34–51868; File No. SR–Amex— 2005–044] Change trading, and also with foreign indexes because of time zone differences or 1. Purpose Self-Regulatory Organizations; holidays in the countries where such American Stock Exchange LLC; Notice Amex Rule 1000, Commentary .02 indexes’ components trade), then the of Filing and Order Granting and Amex Rule 1000A, Commentary .03 last official calculated index value must Accelerated Approval to a Proposed provide listing standards for PDRs and remain available throughout the Amex Rule Change Relating to Dissemination IFSs, respectively, to permit listing and trading hours. trading of these securities pursuant to of the Underlying Index Value for 2. Statutory Basis Portfolio Depositary Receipts and Rule 19b–4(e) under the Act.3 Rule 19b– Index Fund Shares 4(e) provides that the listing and trading The Exchange believes the proposed of a new derivative securities product rule change is consistent with the June 17, 2005. by a self-regulatory organization shall provisions of Section 6(b) of the Act,5 in Pursuant to Section 19(b)(1) of the not be deemed a proposed rule change, general, and furthers the objectives of Securities Exchange Act of 1934 pursuant to paragraph (c)(1) of Rule Section 6(b)(5) of the Act,6 particular, in (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 19b–4, if the Commission has approved, that it is designed to remove notice is hereby given that on April 22, pursuant to Section 19(b) of the Act, the impediments to and perfect the 2005, the American Stock Exchange LLC self-regulatory organization’s trading mechanism of a free and open market (‘‘Amex’’ or ‘‘Exchange’’) filed with the rules, procedures and listing standards and a national market system and, in Securities and Exchange Commission for the product class that would include general, to protect investors and the (‘‘Commission’’) the proposed rule the new derivative securities product public interest. The Amex believes that change as described in Items I and II and the self regulatory organization has clarifying the rules helps all market below, which Items have been prepared a surveillance program for the product participants. by the Amex. The Commission is class.4 publishing this notice to solicit The Amex rules for PDRs and IFSs B. Self-Regulatory Organization’s comments on the proposed rule change currently provide that the current index Statement on Burden on Competition from interested persons. In addition, the value for the index underlying a series The Exchange does not believe that Commission is granting accelerated of PDRs (in the case of Amex Rule 1000) the proposed rule change would impose approval of the proposed rule change. and IFSs (in the case of Amex Rule any burden on competition that is not I. Self-Regulatory Organization’s 1000A) will be disseminated every 15 necessary or appropriate in furtherance Statement of the Terms of Substance of seconds over the consolidated tape. The of the purposes of the Act. Amex believes that, rather than the Proposed Rule Change C. Self-Regulatory Organization’s identifying specifically in their rules the Statement on Comments on the The Amex proposes to amend the index dissemination service (that is, the Proposed Rule Change Received From listing standards for Portfolio Depositary consolidated tape), it is preferable to Members, Participants, or Others Receipts (‘‘PDRs’’) and Index Fund reflect in the rules a requirement for Shares (‘‘IFSs’’) to provide that the wide dissemination of the underlying Written comments on the proposed current value of the underlying index index values. This proposed rule change rule change were neither solicited nor must be widely disseminated by one or would make clear that the value of the received. more major market data vendors at least underlying index must be widely III. Solicitation of Comments every 15 seconds during the time the disseminated by a reputable index PDR or IFS trades on the Exchange. The dissemination service, such as the Interested persons are invited to text of the proposed rule change is Consolidated Tape Association, Reuters submit written data, views, and available on the Amex’s Web site or Bloomberg. The Amex believes that arguments concerning the foregoing, (http://www.amex.com), at the Amex’s the specific identity of the index including whether the proposed rule principal office, and at the dissemination service is not necessary, change is consistent with the Act. Commission’s Public Reference Room. and the purpose of the rule would be Comments may be submitted by any of II. Self-Regulatory Organization’s achieved, as long as the service used for the following methods: Statement of the Purpose of, and dissemination is reputable, accepted in Electronic Comments Statutory Basis for, the Proposed Rule the investment community, and effects • Use the Commission’s Internet Change appropriately wide dissemination of the particular index. comment form (http://www.sec.gov/ In its filing with the Commission, the The Exchange therefore proposes to rules/sro.shtml); or • Exchange included statements change the listing standards for PDRs Send an e-mail to rule- concerning the purpose of and basis for and IFSs to provide that the value of the [email protected]. Please include File the proposed rule change and discussed underlying index must be widely Number SR–Amex–2005–044 on the any comments it had received on the disseminated by one or more major subject line. proposed rule change. The text of these market data vendors at least every 15 statements may be examined at the Paper Comments seconds during the time when the PDR • places specified in Item III below. The or IFS trades on the Exchange. Send paper comments in triplicate Amex has prepared summaries, set forth As currently is the case, if the official to Jonathan G. Katz, Secretary, in Sections A, B, and C below, of the index does not change during some or Securities and Exchange Commission, most significant aspects of such 100 F Street, NE., Washington, DC statements. 3 17 CFR 240.19b–4(e). 20549–9303. 4 See Securities Exchange Act Release No. 40761 1 15 U.S.C. 78s(b)(1). (December 8, 1998), 63 FR 70952 (December 5 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. 22,1998). 6 15 U.S.C. 78f(b)(5).

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All submissions should refer to File options,9 will help to ensure the SECURITIES AND EXCHANGE Number SR–Amex–2005–044. This file transparency of current index values for COMMISSION number should be included on the indexes underlying PDRs and IFSs. subject line if e-mail is used. To help the [Release No. 34–51879; File No. SR–BSE– The Amex has requested that the 2004–58] Commission process and review your Commission find good cause for comments more efficiently, please use approving the proposed rule change Self-Regulatory Organizations; Boston only one method. The Commission will prior to the thirtieth day after Stock Exchange, Inc.; Order Approving post all comments on the Commission’s publication of notice thereof in the Proposed Rule Change, and Internet Web site (http://www.sec.gov/ Federal Register. The Commission notes Amendments No. 1, 2, 3, and 4 Thereto, rules/sro.shtml). Copies of the that it has recently approved a similar Relating to the Composition of the submission, all subsequent proposal regarding the dissemination of Board of Directors and Executive amendments, all written statements Committee of Boston Options with respect to the proposed rule the underlying index value for PDRs 10 Exchange Regulation LLC change that are filed with the and IFSs traded on Nasdaq. The Commission, and all written Commission believes that granting June 20, 2005. accelerated approval of the proposal communications relating to the I. Introduction proposed rule change between the will allow the Amex to immediately Commission and any person, other than implement these similar listing On December 9, 2004, the Boston those that may be withheld from the standards already in place on Nasdaq. Stock Exchange, Inc. (‘‘BSE’’ or public in accordance with the Accordingly, the Commission finds ‘‘Exchange’’) filed with the Securities provisions of 5 U.S.C. 552, will be good cause, pursuant to Section 19(b)(2) and Exchange Commission available for inspection and copying in of the Act,11 for approving the proposed (‘‘Commission’’), pursuant to Section the Commission’s Public Reference rule change prior to the thirtieth day 19(b)(1) of the Securities Exchange Act 1 Section, 100 F Street, NE., Washington, after the date of publication of notice of 1934 (‘‘Act’’), and Rule 19b–4 2 DC 20549. Copies of such filing also will thereof in the Federal Register. thereunder, a proposed rule change to be available for inspection and copying amend certain sections of the By-laws of V. Conclusion at the principal office of the Amex. All Boston Options Exchange Regulation comments received will be posted LLC (‘‘BOXR’’) relating to BSE Governor without change; the Commission does representation on BOXR’s Board of It is therefore ordered, pursuant to Directors (‘‘BOXR Board’’) and not edit personal identifying 12 information from submissions. You Section 19(b)(2) of the Act, that the Executive Committee. BOXR is a wholly should submit only information that proposed rule change (SR–Amex–2005– owned subsidiary of the Exchange and you wish to make publicly available. All 044) be, and hereby is, approved on an the Exchange has delegated certain submissions should refer to File accelerated basis. functions to BOXR so that BOXR is responsible for the regulatory oversight Number SR–Amex–2005–044 and For the Commission, by the Division of of the Boston Options Exchange, a should be submitted on or before July Market Regulation, pursuant to delegated 15, 2005. authority.13 facility of the BSE. On December 13, 2004, the BSE filed IV. Commission’s Findings and Order Jill M. Peterson, Amendment No. 1 to the proposed rule Granting Accelerated Approval of Assistant Secretary. change.3 On December 16, 2004, the Proposed Rule Change [FR Doc. E5–3278 Filed 6–23–05; 8:45 am] BSE filed Amendment No. 2 to the BILLING CODE 8010–01–P proposed rule change.4 On March 8, After careful consideration, the 2005, the BSE filed Amendment No. 3 Commission finds that the proposed to the proposed rule change.5 On March rule change is consistent with the 10, 2005, the BSE filed Amendment No. requirements of the Act and the rules 4 to the proposed rule change.6 The and regulations thereunder, applicable proposed rule change, as amended, was 7 to a national securities exchange. In published for comment in the Federal particular, the Commission believes that Register on March 24, 2005.7 The the proposed rule change is consistent 8 with Section 6(b)(5) of the Act, which 1 15 U.S.C. 78s(b)(1). requires among other things, that the 2 17 CFR 240.19b–4. rules of the Exchange are designed to 3 In Amendment No. 1, the Exchange revised the promote just and equitable principles of 9 See e.g., Chicago Board Options Exchange Rule proposed rule text. Amendment No. 1 replaced the BSE’s original filing in its entirety. trade, to remove impediments to and 24.2(b); International Securities Exchange Rule 4 In Amendment No. 2, the Exchange withdrew 2002(b); Pacific Exchange Rule 5.13; and perfect the mechanism of a free and its request that the proposed rule change become open market and a national market Philadelphia Stock Exchange Rule 1009A(b) (listing immediately effective and requested that the system, and, in general, to protect standards for narrow-based index options requiring proposed rule change become effective pursuant to investors and the public interest. The that, among other things, the current underlying Section 19(b)(2) of the Act. index value be reported at least once every 15 5 In Amendment No. 3, the Exchange revised the Commission believes that the proposed seconds during the time the index option trades on purpose section and rule text of the proposed rule index dissemination requirement, the exchange). change. Amendment No. 3 replaced Amendment which is similar to the index 10 See Securities Exchange Act Release No. 51748 No. 1, as amended by Amendment No. 2, in its dissemination requirement used in the (May 26, 2005) (order approving File No. SR– entirety. listing standards for narrow-based index NASD–2005–024 relating to dissemination of the 6 In Amendment No. 4, the Exchange amended its underlying index value for PDRs and IFSs trading filing to reflect that Amendment No. 3 was incorrectly filed pursuant to Rule 19(b)(3)(A) of the on Nasdaq). 7 In approving this proposal, the Commission has Act and should have been filed pursuant to section 11 considered its impact on efficiency, competition, 15 U.S.C. 78s(b)(2). 19(b)(2) of the Act. and capital formation. 15 U.S.C. 78c(f). 12 15 U.S.C. 78s(b)(2). 7 See Securities Exchange Act Release No. 51388 8 15 U.S.C. 78f(b)(5). 13 17 CFR 200.30–3(a)(12). (March 17, 2005), 70 FR 15135.

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Commission received no comments on the requirements of Section 6(b) of the Option Participant. Therefore, in the the proposal. Act 12 and the rules and regulations Commission’s view, the proposal is thereunder. The Commission finds consistent with the Act’s requirement II. Description of the Proposal specifically that the proposed rule that the Exchange assure the fair The Exchange proposed the following change, as amended, is consistent with representation of members in the amendments to BOXR’s By-laws: (1) Section 6(b)(1) of the Act,13 in that the selection of its directors and Replace the requirement in Section 4 proposal is designed so that the administration of its affairs. that the BSE Chairman be a member of Exchange is organized and has the It is therefore ordered, pursuant to the BOXR Board with the requirement capacity to carry out the purposes of the Section 19(b)(2) of the Act,16 that the that at least one Governor of the BSE Act; Section 6(b)(3) of the Act,14 in that proposed rule change (SR–BSE–2004– Board of Governors must be a member the proposal is designed so the rules of 58), as amended, be, and hereby is, of the BOXR Board; (2) replace the the Exchange assure a fair approved. requirement in Section 14 that the BSE representation of its members in the For the Commission, by the Division of Chairman must be a member of BOXR’s selection of its directors and the Market Regulation, pursuant to delegated Executive Committee with the administration of its affairs; and Section authority.17 15 requirement that at least one Governor 6(b)(5) of the Act, in that the proposal Jill M. Peterson, is designed to promote just and of the BSE Board of Governors, who Assistant Secretary. shall also be a member of the BOXR equitable principles of trade, remove [FR Doc. E5–3274 Filed 6–23–05; 8:45 am] Board, must be a member of BOXR’s impediments to and perfect the Executive Committee; and (3) eliminate mechanism of a free and open market BILLING CODE 8010–01–P language in both Sections 3 and 4 that and a national market system, and to protect investors and the public interest. provides that the BSE Chairman shall SECURITIES AND EXCHANGE The Commission notes that the not be considered a member of the COMMISSION BOXR Board for ‘‘qualification proposal is designed to provide the purposes.’’ Section 4 of BOXR’s By-laws Exchange with greater flexibility with [Release No. 34–51881; File No. SR–BSE– provides that at least 50% of the respect to the appointment of a BSE 2005–15] Directors on the BOXR Board must be Governor to serve on the BOXR Board Self-Regulatory Organizations; Boston Public Directors 8 and at least 20% of and Executive Committee. The Stock Exchange, Inc.; Notice of Filing the Directors on the BOXR Board must Exchange’s Constitution permits, but of a Proposed Rule Change Relating to be representatives of BOX Options does not mandate, that the Exchange’s Listing Fees Participants.9 However, currently, the Chairman and Chief Executive Officer BSE Chairman is not considered to be a (‘‘CEO’’) positions be separated. If the June 20, 2005. positions are in fact held by two Public Director, BOX Options Pursuant to Section 19(b)(1) of the individuals, then the Exchange’s Participant Director or Industry Securities Exchange Act of 1934 10 Chairman would be responsible for the Director and is not taken into account (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 regulatory functions of the Exchange when determining whether the notice is hereby given that on May 31, and it would be consistent with BOXR’s composition of the BOXR Board 2005, the Boston Stock Exchange, Inc. regulatory mandate to have the BSE complies with the composition (‘‘BSE’’ or ‘‘Exchange’’) filed with the Chairman be a member of the BOXR requirements of Section 4, although the Securities and Exchange Commission Board and Executive Committee. BSE Chairman is a voting member of the (‘‘Commission’’) the proposed rule However, in the event that the positions BOXR Board. The proposed rule change, change as described in Items I, II, and are held by a single individual, then the however, would require BOXR to III below, which Items have been Exchange’s Board would be able to consider the BSE Governor prepared by the Exchange. The appoint a BSE Governor other than the representative on the BOXR Board for Commission is publishing this notice to BSE Chairman to the BOXR Board. The the purpose of determining compliance solicit comments on the proposed rule Commission considers it appropriate for with the composition requirements of change from interested persons. Section 4, whether the BSE Governor the Exchange to have a BSE Governor representative is the BSE’s Chairman or other than the Exchange’s Chairman be I. Self-Regulatory Organization’s another member of the BSE Board of appointed to the BOXR Board and Statement of the Terms of Substance of Governors. Executive Committee, particularly in the Proposed Rule Change light of the Exchange’s goal to maintain The Exchange proposes to amend its III. Discussion and Commission an adequate separation between its Findings Listing Fees schedule by increasing its business and regulatory functions. listing fees. The text of the proposed The Commission finds that the In addition, the proposal would allow rule change appears below. Proposed proposed rule change, as amended, is the BSE Governor that serves on the new language is in italics; proposed consistent with the requirements of the BOXR Board to be considered for the deletions are in [brackets]. purpose of determining the qualification Act and the rules and regulations * * * * * thereunder applicable to a national percentages of the BOXR Board. The securities exchange 11 and, in particular, Commission notes that this provision LISTING FEE SCHEDULE would not alter the current requirement Stocks 8 See Definitions, Paragraph (p) of the BOXR By- of the BOXR By-laws that at least 20% laws. of the BOXR Directors (but no fewer Listing Application Fee: [$250.00] 9 See Definitions, Paragraph (o) of the BOXR By- than two Directors) be officers or $500 per original listing application. Fee laws. directors of a firm approved as a BOX is non-refundable, but will be applied 10 See Article II, Section 1 of the BSE Constitution. 12 16 11 In approving this proposed rule change, the 15 U.S.C. 78f(b). 15 U.S.C. 78s(b)(2). Commission notes that it has considered the 13 15 U.S.C. 78f(b)(1). 17 17 CFR 200.30–3(a)(12). proposed rule’s impact on efficiency, competition, 14 15 U.S.C. 78f(b)(3). 1 15 U.S.C. 78s(b)(1). and capital formation. 15 U.S.C. 78c(f). 15 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4.

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toward the [$7,500.00] $10,000 original fee of $2,500 and a minimum fee of III. Date of Effectiveness of the listing application fee upon acceptance [$250] $500. Proposed Rule Change and Timing for for listing. * * * * * Commission Action Original Listing Fee: [$7,500 each] Within 35 days of the date of $10,000 for one security applied for in II. Self-Regulatory Organization’s publication of this notice in the Federal the original listing application on the Statement of the Purpose of, and Register or within such longer period (i) date of filing and $15,000 for two or Statutory Basis for, the Proposed Rule as the Commission may designate up to more securities applied for in the Change 90 days of such date if it finds such original listing application on the date longer period to be appropriate and of filing. In its filing with the Commission, the Exchange included statements publishes its reasons for so finding, or Annual Listing Maintenance Fee: (ii) as to which the Exchange consents, concerning the purpose of and basis for [$1,000] $1,500 for the first and $750 for the Commission will: the proposed rule change and discussed each subsequent issue, payable on the (A) By order approve such proposed any comments it received on the anniversary date of listing. rule change; or proposed rule change. The text of these Listing Fees for Additional Shares: In (B) Institute proceedings to determine statements may be examined at the the event that a listed corporation whether the proposed rule change places specified in Item IV below. The applies for listing of additional shares should be disapproved. Exchange has prepared summaries, set subsequent to the original listing, a fee forth in Sections A, B, and C below, of IV. Solicitation of Comments will be charged on the basis of [1⁄2] 1 the most significant parts of such Interested persons are invited to cent for each additional share applied submit written data, views, and for, not to exceed [$5,000] $7,500 (i.e., statements. arguments concerning the foregoing, if the additional amount applied for A. Self-Regulatory Organization’s including whether the proposed rule exceeds [1,000,000] 750,000 shares the Statement of the Purpose of, and change is consistent with the Act. fee is [$5,000] $7,500 regardless of the Statutory Basis for, the Proposed Rule Comments may be submitted by any of amount). The minimum fee for each Change the following methods: such applicant is [$250] $500. The original listing fee schedule also 1. Purpose Electronic Comments shall be applied, but not limited, to the The BSE proposes to amend its • Use the Commission’s Internet following circumstances where a listed Listing Fee schedule by increasing its comment form (http://www.sec.gov/ company: listing fees. The purpose of this change rules/sro.shtml); or • • Authorizes a change of a listed security is to better reflect the Exchange’s costs Send an e-mail to rule- where, in the opinion of the exchange, a new and the value of the services that the [email protected]. Please include File security is created or such change alters any Exchange provides.3 Number SR–BSE–2005–15 on the of the listed security’s rights, preferences or subject line. privileges; 2. Statutory Basis • Merges or consolidates with another Paper Comments listed company which results in the creation The BSE believes that the proposed • Send paper comments in triplicate of a new company or into an unlisted rule change is consistent with Section to Jonathan G. Katz, Secretary, company which becomes listed; or 6(b) of the Act,4 in general, and furthers Securities and Exchange Commission, • Creates a holding company or a new the objectives of Section 6(b)(4) of the 100 F Street, NE., Washington, DC company is created by operation of law or Act,5 in particular, in that it provides for through an offer to exchange shares. 20549–9303. the equitable allocation of reasonable All submissions should refer to File In the event that a listed corporation dues, fees, and other charges among its Number SR–BSE–2005–15. This file reduces its outstanding stock through an members and issuers and other persons number should be included on the exchange of shares whereby the shares using its facilities. subject line if e-mail is used. To help the listed on the Exchange are exchangeable Commission process and review your for a lesser amount, the fee for the B. Self-Regulatory Organization’s comments more efficiently, please use listing of the number of shares of new Statement on Burden on Competition only one method. The Commission will stock issuable in exchange for shares The BSE does not believe that the post all comments on the Commission’s previously listed will be charged on the Internet Web site (http://www.sec.gov/ 1 proposed rule change will impose any basis of [ ⁄2] 1 cent for each new share. burden on competition that is not rules/sro.shtml). Copies of the The maximum fee on each such necessary or appropriate in furtherance submission, all subsequent application is [$5,000] $7,500; the of the purposes of the Act. amendments, all written statements minimum fee is [$250] $500. with respect to the proposed rule Supplemental Applications: Should a C. Self-Regulatory Organization’s change that are filed with the listed corporation change its name or Statement on Comments on the Commission, and all written the par value of its listed shares without Proposed Rule Change Received from communications relating to the any increase or decrease in outstanding Members, Participants, or Others proposed rule change between the stock, the fee for such application will Commission and any person, other than be the minimum of [$250] $500. No written comments were solicited those that may be withheld from the or received with respect to the proposed public in accordance with the Bonds rule change. provisions of 5 U.S.C. 552, will be Original Listing Fee: $7,500 for each available for inspection and copying in class of indenture applied for in the 3 The Commission notes that the Exchange has the Commission’s Public Reference not raised its listing fees since 1991. See Securities original listing application on the date Exchange Act Release No. 29276 (June 5, 1991), 56 Room. Copies of such filing also will be of filing. For additional listing under the FR 27060 (June 12, 1991). available for inspection and copying at same indenture, the fee is $50 per one 4 15 U.S.C. 78f(b). the principal office of the BSE. All million dollars face value in a maximum 5 15 U.S.C. 78f(b)(4). comments received will be posted

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without change; the Commission does SECURITIES AND EXCHANGE pursuant to Rule2 19b–4(f)(6) under the not edit personal identifying COMMISSION Act,3 which renders the proposal information from submissions. You effective upon filing with the should submit only information that [Release No. 34–51880; File No. SR–CBOE– Commission. The Commission is you wish to make available publicly. All 2005–38] publishing this notice to solicit submissions should refer to File comments on the proposed rule change Self-Regulatory Organizations; from interested parties. Number SR–BSE–2005–15 and should Chicago Board Options Exchange, Inc; be submitted on or before July 15, 2005. Notice of Filing and Immediate I. Self-Regulatory Organization’s For the Commission, by the Division of Effectiveness of a Proposed Rule Statement of the Terms of Substance of Market Regulation, pursuant to delegated Change Relating to the Sales Value the Proposed Rule Change authority.6 Fee The CBOE proposes to amend its Fees Jill M. Peterson, June 20, 2005. Schedule and rules and issue a Regulatory Circular relating to its ‘‘Sales Assistant Secretary. Pursuant to Section 19(b)(1) of the Value Fee.’’ The text of the proposed [FR Doc. E5–3294 Filed 6–23–05; 8:45 am] Securities Exchange Act of 1934 rule change is below. Proposed new BILLING CODE 8010–01–P (‘‘Act’’),1 and Rule 19b–4 thereunder,2 language is italicized; proposed notice is hereby given that on May 13, deletions are in brackets. 2005, the Chicago Board Options Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) Chicago Board Options Exchange, Inc.— filed with the Securities and Exchange Fees Schedule Commission (‘‘Commission’’) the [May 2] May 13, 2005 proposed rule change as described in Items I and II below, which Items have 1.–4. Unchanged. been prepared by the CBOE. The Notes: (1)–(15) Unchanged. Exchange filed a proposed rule change 5. ETFs, STRUCTURED PRODUCTS, as a ‘‘non-controversial’’ rule change RIGHTS, WARRANTS (per round lot):

(A) TRANSACTION FEES: MAXIMUM FEE: Customer $.00 ...... N/A Member Firm Proprietary .10 ...... $100 per side Market Maker .05 ...... $100 per side (B) LISTING FEES: Initial Fee (minimum) $10,000. Annual Fee 2,500—10,000. (C) SEC VALUE FEE: $0.00252 for every $100 of value sold (seller only)].

6. SALES VALUE FEE: member to the Exchange. The amount of CHAPTER XXX The Sales Value Fee (‘‘Fee’’) is the Fee is calculated as described below. Stocks, Warrants and Other Securities assessed by CBOE to each member for Calculation of Fee for Options Sales sales of securities on CBOE with respect and Options Exercises: The Sales Value [Rule 30.60. Securities and Exchange to which CBOE is obligated to pay a fee Fee is equal to (i) the Section 31 fee rate Commission Transaction Fee There to the SEC under Section 31 of the multiplied by (ii) the member’s shall be paid to the Exchange by each Exchange Act. To the extent there may aggregate dollar amount of covered sales member and member organization, in be any excess monies collected under resulting from options transactions such manner and at such time as the this Section 6, the Exchange may retain occurring on the Exchange during any Exchange shall direct, the sum of one those monies to help fund its general computational period. Calculation of cent for each $300 or fraction thereof of operating expenses. The sales the dollar volume of securities sold by transactions to which the Fee applies Fee for Non-Options Sales: The Sales Value Fee is calculated using the same such member or member organization are sales of options (other than options on the Exchange. The monies so paid to on a security index), sales of non-option formula as the formula above for the Exchange shall be paid to the securities, and sales of securities options transactions, except as applied Securities and Exchange Commission as resulting from the exercise of physical- only to the member’s covered sales other delivery options traded on CBOE. The than those resulting from options the transaction fee imposed upon the Fee is collected indirectly from members transactions. Exchange under the Exchange Act. through their clearing firms by OCC on 6.–9. Renumbered 7.–10. Otherwise * * * Interpretations and Policies: behalf of CBOE with respect to options unchanged. .01 The fee required to be paid sales and options exercises. CBOE [10. {Reserved}] under this Rule does not apply to any collects the Fee indirectly from members bond, debenture, or other evidence of 11.–23. Unchanged. through their clearing firms with respect indebtedness, or any security which the to non-option sales. Consistent with Remainder of Fee Schedule— Securities and Exchange Commission CBOE Rule 3.23, the Fee is collected by Unchanged. may, by rule, exempt from imposition of billing the member’s designated clearing * * * * * the fee.] firm for the amount owed by the

6 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 1 15 U.S.C. 78s(b)(1). 3 17 CFR 240.19b–4(f)(6).

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II. Self-Regulatory Organization’s proposes to add a new CBOE Section 6 customers as a ‘‘Section 31 fee,’’ ‘‘SEC Statement of the Purpose of, and to the Fees Schedule labeled ‘‘Sales fee,’’ or other label that implies an SEC Statutory Basis for, the Proposed Rule Value Fee.’’ Proposed new CBOE rule or requirement that these funds be Change Section 6 defines the Sales Value Fee collected from broker-dealers or In its filing with the Commission, the (‘‘Fee’’) as the fee assessed by CBOE to customers. The proposed Regulatory CBOE included statements concerning each member for sales of securities on Circular would become effective the purpose of, and basis for, the CBOE with respect to which CBOE is approximately 45 days following proposed rule change and discussed any obligated to pay a fee to the SEC under effectiveness of the proposed rule comments it received on the proposed Section 31 of the Act. Proposed CBOE change. Section 6 provides that, to the extent the rule change. The text of these statements 2. Statutory Basis may be examined at the places specified Exchange may collect more from in Item IV below. The CBOE has members under CBOE Section 6 than is The Exchange believes that for this prepared summaries, set forth in due from the Exchange to the proposed rule change is consistent with 8 Sections A, B, and C below, of the most Commission under Section 31 of the Section 6(b)(4) of the Act, which significant aspects of such statements. Act, for example due to rounding permits the rules of an Exchange to differences, the excess monies collected provide for the equitable allocation of A. Self-Regulatory Organization’s may be used by the Exchange to fund its reasonable dues, fees, and other charges Statement of the Purpose of, and general operating expenses. among its members, and issuers and Statutory Basis for, Proposed Rule Proposed CBOE Section 6 explains other persons using its facilities. In Change that the transactions to which the Fee addition, the Exchange believes that the 1. Purpose applies are sales of options (other than proposed rule change, including the options on a security index), sales of proposed Regulatory Circular, is Pursuant to Section 5(c) of the CBOE non-option securities, and sales of consistent with Section 6(b)(5) of the Fees Schedule and CBOE Rule 30.60, securities resulting from the exercise of Act 9 in that it is designed to prevent the Exchange currently assesses a fee on physical-delivery options traded on fraudulent and manipulative acts and its members for sales of securities on the CBOE. The Fee is collected indirectly practices, to promote just and equitable Exchange to recoup amounts paid by the from members through their clearing principles of trade, and, in general, to Exchange to the Commission under firms by the Options Clearing protect investors and the public interest. Section 31 of the Act.4 On June 28, Corporation (‘‘OCC’’) on behalf of the 2004,5 the Commission established new Exchange with respect to options sales B. Self-Regulatory Organization’s procedures governing the calculation, and options exercises. The Exchange Statement on Burden on Competition payment, and collection of fees and collects the Fee indirectly from CBOE does not believe that the assessments on securities transactions members through their clearing firms proposed rule change will impose any owed by national securities exchanges with respect to non-option sales. burden on competition that is not and associations under Section 31 of the Consistent with CBOE Rule 3.23, the necessary or appropriate in furtherance Act (‘‘Adopting Release’’).6 In the Fee is collected by billing the member’s of purposes of the Act. Adopting Release, the Commission designated clearing firm for the amount stated that the fees SROs pass to their owed by the member to the Exchange. C. Self-Regulatory Organization’s members and the fees members pass to Proposed CBOE Section 6 also sets Statement on Comments on the their customers are not ‘‘Section 31 forth the formula for calculating the Fee Proposed Rule Change Received from Fees’’ or ‘‘SEC Fees’’ and should not be with respect to covered options and Members, Participants or Others 7 labeled as such. non-options transactions. The Fee with No written comments were solicited In response to the statements made by respect to options sales and options or received with respect to the proposed the Commission in the Adopting exercises is equal to (i) the rule change. Release, the Exchange proposes to Commission’s Section 31 fee rate amend its Fees Schedule to change the multiplied by (ii) the member’s III. Date of Effectiveness of the name of its fee, provide greater aggregate dollar amount of covered sales Proposed Rule Change and Timing for explanation and description of the fee resulting from options transactions Commission Action and how it is collected, and clarify that occurring on the Exchange during any The foregoing proposed rule change it applies with respect to both covered computational period. The Fee with has become effective pursuant to sales of options and covered sales of respect to non-options sales is Section 19(b)(3)(A) of the Act10 and non-option securities. The Exchange calculated using the same formula as the Rule 19b–4(f)(6) thereunder 11 because it also proposes to delete CBOE Rule 30.60 formula for options transactions, except does not: (i) significantly affect the since the fee will be set forth and fully as applied only to the member’s covered protection of investors or the public described in the CBOE Fees Schedule. sales other than those resulting from interest; (ii) impose any significant Specifically, the Exchange proposes to options transactions. The Exchange delete Section 5(c) of the CBOE Fees burden on competition; and (iii) become notes that, if the Commission’s Section operative prior to 30 days after the date Schedule, which is currently labeled 31 fee rate changes in the middle of a ‘‘SEC Value Fee.’’ The Exchange of filing (or such shorter time as the month, the Exchange will perform a Commission may designate if consistent separate calculation with respect to 4 with the protection of investors and the 15 U.S.C. 78ee. covered sales under the new fee rate for 5 In the notice prepared by the CBOE in its Form public interest). A proposed rule change 19b–4 filing, the CBOE inadvertently referred to this the remaining portion of the month. filed under 19b–4(f)(6) normally does date as July 28, 2004. Telephone conversation In further response to the statements not become operative prior to 30 days between Jamie Galvin, Senior Attorney, CBOE and made by the Commission in the after the date of filing. However, Rule Hong-Anh Tran, Special Counsel, Division of Adopting Release, the Exchange Market Regulation (‘‘Division’’), Commission, dated May 17, 2005. proposes to issue a Regulatory Circular 8 15 U.S.C. 78f(b)(4). 6 See Securities Exchange Act Release No. 49928 to its members that prohibits members 9 15 U.S.C. 78f(b)(5). (June 28, 2004), 69 FR 41060 (July 7, 2004). from characterizing the pass-through of 10 15 U.S.C. 78s(b)(3)(A). 7 Id. at 41072. the CBOE Sales Value Fee to their 11 17 CFR 240.19b–4(f)(6).

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19b–4(f)(6)(iii) permits the Commission Internet Web site (http://www.sec.gov/ II. Description to designate a shorter time if such action rules/sro.shtml). Copies of the DTC is a subsidiary of the Depository is consistent with the protection of submission, all subsequent Trust and Clearing Corporation investors and the public interest. The amendments, all written statements (‘‘DTCC’’). Participants of DTC and their Exchange satisfied the five-day pre- with respect to the proposed rule affiliates may from time to time utilize filing requirement. The Exchange change that are filed with the the services of DTCC subsidiaries that requests that the Commission waive the Commission, and all written are not registered as clearing agencies 30-day operative delay, as specified in communications relating to the 12 with the Commission. Such subsidiaries Rule 19b–4(f)(6)(iii), and designate the proposed rule change between the include Global Asset Solutions LLC and proposed rule change to become Commission and any person, other than DTCC Deriv/Serv LLC. In addition, operative immediately. those that may be withheld from the participants of DTC and their affiliates The Commission hereby grants that public in accordance with the may utilize the services of other third request.13 The Commission believes that provisions of 5 U.S.C. 552, will be parties through DTCC. DTC has waiving the 30-day operative date is available for inspection and copying in determined that it would be more consistent with the protection of the Commission’s Public Reference efficient and less costly if the fees that investors and the public interest Section. Copies of such filing also will participants agree to pay for such because doing so will allow the be available for inspection and copying services were collected by DTC rather Exchange’s Fees Schedule and Rules to at the principal office of the CBOE. All than through independent billing be consistent with the Commission’s comments received will be posted mechanisms that would otherwise have guidance on Section 31 without undue without change; the Commission does to be established by each subsidiary of delay. not edit personal identifying DTCC that is not a registered clearing At any time within 60 days of the information from submissions. You filing of the proposed rule change, the agency and by each third party that is should submit only information that not a registered clearing agency. Commission may summarily abrogate you wish to make available publicly. All such rule change if it appears to the The proposed rule change will make submissions should refer to File clear that DTC may collect from its Commission that such action is Number SR–CBOE–2005–38 and should necessary or appropriate in the public participants fees and charges of other be submitted on or before July 15, 2005. subsidiaries of DTCC and of other third interest, for the protection of investors, For the Commission, by the Division of party service providers. DTC will enter or otherwise in the furtherance of the Market Regulation, pursuant to delegated purposes of the Act. authority.14 into appropriate agreements with such subsidiaries and other third party IV. Solicitation of Comments Jill M. Peterson, service providers regarding DTC’s Interested persons are invited to Assistant Secretary. collection of fees. Furthermore, the rule submit written data, views, and [FR Doc. E5–3295 Filed 6–23–05; 8:45 am] change makes clear that as a part of its arguments concerning the foregoing, BILLING CODE 8010–01–P collecting fees and charges for services including whether the proposed rule provided to its participants, DTC may change is consistent with the Act. similarly collect fees and charges for Comments may be submitted by any of SECURITIES AND EXCHANGE services provided to affiliates of its the following methods: COMMISSION participants. Electronic Comments [Release No. 34–51870; File No. SR–DTC– III. Discussion • Use the Commission’s Internet 2005–03] Section 17A(a)(1)(B) of the Act comment form (http://www.sec.gov/ provides that inefficient procedures for Self-Regulatory Organizations; The rules/sro.shtml); or clearance and settlement impose • Send an e-mail to rule- Depository Trust Company; Order unnecessary costs on investors and [email protected]. Please include File Granting Approval of a Proposed Rule persons facilitating transactions by and Number SR–CBOE–2005–38 on the Change Relating to a Modification of acting on behalf of investors.3 Although subject line. the Fee Structure the services provided by unregulated June 17, 2005. DTCC subsidiaries and by other third Paper Comments parties are not core clearance and • Send paper comments in triplicate I. Introduction settlement services, they are related to to Jonathan G. Katz, Secretary, On April 26, 2005, The Depository the clearance and settlement operations Securities and Exchange Commission, Trust Company (‘‘DTC’’) filed with the of DTC and of its participants. By Station Place, 100 F Street, NE., Securities and Exchange Commission streamlining the fee collection process Washington, DC 20549–9303. (‘‘Commission’’) proposed rule change for these services so that DTC’s All submissions should refer to File SR–DTC–2005–03 pursuant to Section participants will pay these fees to DTC Number SR–CBOE–2005–38. This file 19(b)(1) of the Securities Exchange Act as a part of their normal monthly DTC number should be included on the of 1934 (‘‘Act’’).1 Notice of the proposal bills, the proposed rule change should subject line if e-mail is used. To help the was published in the Federal Register help to improve efficiency in the Commission process and review your on May 13, 2005.2 No comment letters operations of DTC participants and comments more efficiently, please use were received. For the reasons thereby should remove unnecessary cost only one method. The Commission will discussed below, the Commission is for DTC participants and for the persons post all comments on the Commission’s granting approval of the proposed rule (i.e., the DTCC subsidiaries and the change. other entities providing services to DTC 12 17 CFR 240.19b–4(f)(6)(iii). participants) facilitating transactions by 13 For the purposes only of accelerating the 14 and acting on behalf of investors. operative date of this proposal, the Commission has 17 CFR 200.30–3(a)(12). considered the proposed rule’s impact on 1 15 U.S.C. 78s(b)(1). Accordingly, the Commission finds that efficiency, competition, and capital formation. See 2 Securities Exchange Act Release No. 51675, 15 C.S.C. 78c(f). (May 9, 2005), 70 FR 25630. 3 15 U.S.C. 78q–1(a)(A)(B).

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the proposed rule change is consistent would effect a change in control of such consistent with the requirements of the with the requirements of Section 17A of member or could have a substantial Act and in particular with the the Act. impact on such member’s business or requirements of Section 17A of the Act 6 financial condition. Under the rule and the rules and regulations IV. Conclusion change, GSD netting members and thereunder. On the basis of the foregoing, the MBSD participants will be required to It is therefore ordered, pursuant to Commission finds that the proposed notify FICC upon experiencing a Section 19(b)(2) of the Act, that the rule change is consistent with the ‘‘reportable event.’’ The term proposed rule change (File No. SR– requirements of the Act and in ‘‘reportable event’’ is defined as an FICC–2005–01) be, and hereby is, particular Section 17A of the Act and event that would effect a change in approved. the rules and regulations thereunder. control of a GSD netting member or an For the Commission by the Division of It is therefore ordered, pursuant to MBSD participant or an event that could Market Regulation, pursuant to delegated Section 19(b)(2) of the Act, that the have a substantial impact on a netting authority.7 proposed rule change (File No. SR– member’s/participant’s business or Jill M. Peterson, DTC–2005–03) be and hereby is financial condition including, but not Assistant Secretary. approved. limited to: (a) Material organizational [FR Doc. E5–3281 Filed 6–23–05; 8:45 am] changes including mergers, acquisitions, For the Commission by the Division of BILLING CODE 8010–01–P Market Regulation, pursuant to delegated changes in corporate form, name authority.4 changes, changes in the ownership of a Jill M. Peterson, netting member/participant or its SECURITIES AND EXCHANGE Assistant Secretary. affiliates, and material changes in COMMISSION [FR Doc. E5–3283 Filed 6–23–05; 8:45 am] management; (b) material changes in [Release No. 34–51865; File No. SR–FICC– BILLING CODE 8010–01–P business lines, including new business lines undertaken; and (c) status as a 2005–11] defendant in litigation which could Self-Regulatory Organizations; Fixed SECURITIES AND EXCHANGE reasonably impact the netting Income Clearing Corporation; Notice of COMMISSION member’s/participant’s financial Filing of Proposed Rule Change to condition or ability to conduct Institute a Netting Process for Fail [Release No. 34–51875; File No. SR–FICC– business.4 Deliver and Fail Receive Obligations 2005–01] In order to provide FICC with enough for Netting Members in Its Government time to analyze the implications of a Self-Regulatory Organizations; Fixed Securities Division Income Clearing Corporation; Order ‘‘reportable event’’ and to determine an appropriate course of action, a netting Approving a Proposed Rule Change June 17, 2005. member/participant must submit Relating to Timely Notification of Pursuant to Section 19(b)(1) of the written notice to FICC at least 90 Significant Events That Effect a Securities Exchange Act of 1934 calendar days prior to the effective date 1 Change in Control of a Member or (‘‘Act’’), notice is hereby given that on of such ‘‘reportable event’’ unless the Could Have a Substantial Impact on a May 19, 2005, the Fixed Income netting member/participant Member’s Business or Financial Clearing Corporation (‘‘FICC’’) filed demonstrates that it could not have Condition with the Securities and Exchange reasonably done so and also has Commission (‘‘Commission’’) the June 17, 2005. provided oral and written notice to FICC proposed rule change described in Items On January 6, 2005, the Fixed Income as soon as possible. Failure to so notify I, II, and III below, which items have Clearing Corporation (‘‘FICC’’) filed FICC will result in a $5,000 fine. been prepared primarily by FICC. The with the Securities and Exchange II. Discussion Commission is publishing this notice to Commission (‘‘Commission’’) a solicit comments on the proposed rule Section 17A(b)(3)(F) of the Act proposed rule change pursuant to change from interested parties. Section 19(b)(1) of the Securities requires, among other things, that the Exchange Act of 1934 (‘‘Act’’) 1 and on rules of a clearing be designed to assure I. Self-Regulatory Organization’s May 13, 2005, amended the proposed the safeguarding of securities and funds Statement of the Terms of Substance of which are in its custody or control.5 The rule change.2 Notice of the proposal was the Proposed Rule Change proposed rule change is consistent with published in the Federal Register on The purpose of this proposed rule the requirements of Section 17A of the May 10, 2005.3 No comment letters were change is to amend the rules of FICC’s Act and the rules and regulations received. For the reasons discussed Government Securities Division thereunder because it should enhance below, the Commission is approving the (‘‘GSD’’) to institute a process to net FICC’s ability to collect and evaluate in proposed rule change. netting members’ fail deliver and fail a timely manner the type of information receive obligations with their current I. Description that it needs in order to properly settlement obligations on a daily basis. The proposed rule change will require manage risks and thereby to better certain FICC members to notify FICC safeguard the securities and funds for II. Self-Regulatory Organization’s when they experience an event that which it is in control. Statement of the Purpose of, and Statutory Basis for, the Proposed Rule III. Conclusion 4 Change 17 CFR 200.30–3(a)(12). On the basis of the foregoing, the 1 15 U.S.C. 78s(b)(1). In its filing with the Commission, Commission finds that the proposal is 2 Republication of the notice is not required FICC included statements concerning because the amendment to the proposed rule the purpose of and basis for the change merely renumbered certain proposed and 4 A similar requirement was added as Addendum existing sections of the rule text that were included T to the National Securities Clearing Corporation’s in the original filing. Rules in 1998. Securities Exchange Act Release No. 6 15 U.S.C. 78q–1. 3 Securities Exchange Act Release No. 51643 (May 40582 (Oct. 20, 1998), 63 FR 57346 (Oct. 27, 1998). 7 17 CFR 200.30–3(a)(12). 2, 2005); 70 FR 24665. 5 15 U.S.C. 78q–1(b)(3)(F). 1 15 U.S.C. 78s(b)(1).

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proposed rule change and discussed any FICC does not anticipate an undue Electronic Comments comments it received on the proposed burden on members as a result of this • rule change. The text of these statements proposal. The GSD has issued an Use the Commission’s Internet may be examined at the places specified Important Notice 3 to all members comment form (http://www.sec.gov/ in Item IV below. FICC has prepared seeking feedback on the proposed rules/sro.shtml) or summaries, set forth in sections (A), (B), change, and to date, the substance of • Send an e-mail to rule- and (C) below, of the most significant any feedback received has been positive. [email protected]. Please include File aspects of these statements.2 FICC believes that the proposed rule Number SR–FICC–2005–11 in the (A) Self-Regulatory Organization’s change is consistent with the subject line. requirements of Section 17A of the Act 4 Statement of the Purpose of, and Paper Comments Statutory Basis for, the Proposed Rule and the rules and regulations Change thereunder applicable to FICC because it • Send paper comments in triplicate allows FICC to reduce the risks posed by to Jonathan G. Katz, Secretary, The rules of the GSD provide that large numbers of open fail positions. As FICC may, in its sole discretion, net a Securities and Exchange Commission, such, the proposed rule facilitates the 100 F Street, NE., Washington, DC netting member’s fail deliver and fail prompt and accurate clearance and 20549–9303. receive obligations with the member’s settlement of securities transactions and current settlement obligations. FICC is assures the safeguarding of securities All submissions should refer to File proposing to amend the GSD’s rules to and funds which are in the custody or Number SR–FICC–2005–11. This file institute this fail netting process on a control of FICC or for which it is number should be included on the daily basis. responsible. subject line if e-mail is used. To help the Since the implementation of the Commission process and review your GSD’s netting system (by FICC’s (B) Self-Regulatory Organization’s Statement on Burden on Competition comments more efficiently, please use predecessor, the Government Securities only one method. The Commission will Clearing Corporation), outstanding fails FICC does not believe that the post all comments on the Commission’s have been processed separately from proposed rule change will have any Internet Web site (http://www.sec.gov/ new trading activity. Demand by impact or impose any burden on rules/sro.shtml). Copies of the members for the netting of fails was competition. submission, all subsequent initially low due to the fact that many members could not properly account for (C) Self-Regulatory Organization’s amendments, all written statements netted fails in their proprietary systems. Statement on Comments on the with respect to the proposed rule In addition, demand for netting of fails Proposed Rule Change Received from change that are filed with the remained low until the summer of 2003 Members, Participants, or Others Commission, and all written communications relating to the when the market experienced Written comments relating to the significant fails in the Treasury 10-year proposed rule change between the proposed rule change have not yet been Commission and any person, other than note due May 2013. solicited or received. In recent years, FICC has been those that may be withheld from the integrally involved in assisting the III. Date of Effectiveness of the public in accordance with the industry in addressing significant fail Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be situations. On several occasions, FICC Commission Action available for inspection and copying in the Commission’s Public Reference intervened by supporting special netting Within thirty-five days of the date of Section, 100 F Street, NE., Washington, of fails with members’ current publication of this notice in the Federal settlement activity. While this Register or within such longer period: DC 20549. Copies of such filings also procedure helped alleviate the number (i) As the Commission may designate up will be available for inspection and of open fails and associated settlement to ninety days of such date if it finds copying at the principal office of FICC issues and risks, it was only an such longer period to be appropriate and on FICC’s Web site, www.ficc.com. intermediate step in resolving the need and publishes its reasons for so finding; All comments received will be posted for the more regular fail processing or (ii) as to which the self-regulatory without change; the Commission does proposed herein. Moreover, the organization consents, the Commission not edit personal identifying industry’s continued experience with will: information from submissions. You fails has caused a heightened demand should submit only information that on the part of members for the GSD to (A) By order approve such proposed rule change or you wish to make available publicly. All institute such a process. submissions should refer to File (B) institute proceedings to determine Pursuant to the proposed rule change, Number SR–FICC–2005–11 and should whether the proposed rule change the GSD would implement a be submitted on or before July 15, 2005. methodology whereby outstanding should be disapproved. For the Commission by the Division of member fail obligations will be netted IV. Solicitation of Comments with current settlement activity. This Market Regulation, pursuant to delegated process will provide reduced risk Interested persons are invited to authority.5 exposure to members because it will submit written data, views, and Jill M. Peterson, facilitate settlement by allowing arguments concerning the foregoing, Assistant Secretary. members to close open fails on their including whether the proposed rule [FR Doc. E5–3285 Filed 6–23–05; 8:45 am] change is consistent with the Act. books on a daily basis, as well as reduce BILLING CODE 8010–01–P the number of outstanding clearance Comments may be submitted by any of obligations at FICC. the following methods:

2 The Commission has modified the text of the 3 Important Notice GOV028.05 (March 10, 2005). summaries prepared by FICC. 4 15 U.S.C. 78q–1. 5 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s believes may significantly increase the COMMISSION Statement of the Purpose of, and use of real-time TRACE transaction data Statutory Basis for, the Proposed Rule among registered representatives, [Release No. 34–51874; File No. SR–NASD– Change investment advisors, and other persons 2005–063] serving retail investors as well as 1. Purpose address member cost concerns that are Self-Regulatory Organizations; NASD proposes to amend NASD Rule discussed further below. NASD believes National Association of Securities 7010(k) to add an enterprise fee that broadening the distribution of real- Dealers, Inc.; Notice of Filing of structure and lower another fee related time TRACE transaction data would Proposed Rule Change To Amend to the receipt of real-time TRACE facilitate its use by persons who provide NASD Rule 7010(k) Relating to TRACE transaction data paid by users of such brokerage and/or advisory services to Transaction Data data (‘‘Subscribers’’). NASD proposes to retail investors, and would provide such June 17, 2005. amend NASD Rule 7010(k)(3)(A)(i), the professionals with an additional tool to Bond Trade Dissemination Service better serve and inform retail investors. Pursuant to Section 19(b)(1) of the (‘‘BTDS’’) Professional Real-Time Data In addition, access to real-time TRACE Securities Exchange Act of 1934 Display Fee, to enable an enterprise transaction data should enhance the (‘‘Act’’)1 and Rule 19b–4 thereunder,2 such as a broker-dealer to display real- ability of Subscribers that are NASD notice is hereby given that on May 12, time TRACE transaction data within the members to comply with various 2005, the National Association of enterprise on an unlimited number of regulatory obligations. Finally, Securities Dealers, Inc. (‘NASD’’) filed internal display devices for a fee of broadening the distribution of real-time with the Securities and Exchange $7,500 per month. NASD also proposes TRACE transaction data is likely to have Commission (‘‘Commission’’) the to amend NASD Rule 7010(k)(1)(A), an incremental beneficial effect on proposed rule change as described in Web Browser Access, to lower the fee corporate bond market transparency and Items I, II, and III below, which Items for Level II Full Service Web Browser pricing by generally raising the level of have been prepared by NASD. The Access, so that the charge for the first awareness and overall knowledge of Commission is publishing this notice to user ID obtained for such access would specific bond issues as well as the bond solicit comments on the proposed rule be $50 per month rather than the market generally. change from interested persons. current $80 per month. Proposed ‘‘Enterprise’’ Fee I. Self-Regulatory Organization’s Subscribers typically receive real-time Statement of the Terms of Substance of TRACE transaction data in one of two Currently, NASD charges a Subscriber the Proposed Rule Change ways—either through a market data $60 per month, per terminal (the BTDS Professional Real-Time Data Display NASD is proposing to: (i) Amend vendor that redistributes such data through its services/desktops or through Fee) to display real-time TRACE NASD Rule 7010(k)(3)(A)(i) to offer an transaction data. Members have optional enterprise-based flat fee for the NASD’s Level II Full Service Web Browser Access, which provides the indicated that this $60 per month, per internal display of real-time transaction terminal charge is cost prohibitive for data relating to its Transaction Subscriber both reporting functionality and access to real-time TRACE organizations with large numbers of Reporting and Compliance Engine potential internal users of the data. (‘‘TRACE’’) on an unlimited number of transaction data. Although NASD has achieved positive Subscribers serving large numbers of interrogation or display devices; and (ii) retail investors have indicated that they results delivering real-time TRACE amend NASD Rule 7010(k)(1)(A) to likely would distribute real-time TRACE transaction data to the professional lower the monthly fee for the first user transaction data much more widely trading community, NASD also is ID purchased to obtain Level II Full within their organizations if the costs striving to make real-time TRACE Service Web Browser Access. The text were reduced. of the proposed rule change is available transaction data more widely available To address these concerns, NASD is on NASD’s Web site (http:// to individual investors so that they may proposing to amend NASD Rule www.nasd.com), at NASD’s principal use it in making investment decisions. 7010(k)(3)(A)(i) to provide Subscribers office, and at the Commission’s Public In an effort to achieve this goal, recently the option of paying a flat, enterprise fee Reference Room. NASD eliminated the BTDS Non- of $7,500 per month instead of $60 per Professional Real-Time Data Display Fee terminal (i.e., per screen or interrogation II. Self-Regulatory Organization’s for ‘‘Non-Professionals’’ as defined in or display device). The proposed rule Statement of the Purpose of, and NASD Rule 7010(k)(3)(C)(ii) to change would benefit Subscribers that Statutory Basis for, the Proposed Rule encourage Subscribers, especially retail have a large staff of potential internal Change brokers, to redistribute real-time TRACE data users who desire access to real-time In its filing with the Commission, transaction data to their retail customers TRACE transaction data. Instead of 3 NASD included statements concerning via their Web-based services. NASD paying multiple $60 BTDS Professional the purpose of and basis for the believes it would enhance investor Real-Time Data Display Fees, a proposed rule change and discussed any protection to further expand the Subscriber would have the option to pay comments it had received on the availability of real-time TRACE a flat fee of $7,500 per month to display proposed rule change. The text of these transaction data and foster an real-time TRACE transaction data on an statements may be examined at the environment where such data is an unlimited number of internal terminals/ places specified in Item IV below. integral part of the discussions between workstations. NASD has prepared summaries, set investors and the persons serving them. The proposed $7,500 monthly forth in sections A, B, and C below, of NASD is proposing two amendments enterprise fee option would lower the the most significant aspects of such to the TRACE fee structure that NASD fees paid by Subscribers who currently statements. pay to display real-time TRACE 3 See Securities Exchange Act Release No. 50977 (January 6, 2005), 70 FR 2202 (January 12, transaction data on more than 125 1 15 U.S.C. 78s(b)(1). 2005)(Notice of Filing and Immediate Effectiveness terminals. In addition, the proposed 2 17 CFR 240.19b–4. of File No. SR–NASD–2004–189). $7,500 fee option may encourage certain

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Subscribers that currently pay to display transaction data through any service to necessary or appropriate in furtherance real-time TRACE transaction data on obtain it through the Level II Full of the purposes of the Act. fewer than 125 terminals to pay the Service Web Browser Access. C. Self-Regulatory Organization’s proposed $7,500 flat fee and broaden Finally, NASD no longer refers to Statement on Comments on the distribution of real-time TRACE itself using its full corporate name, ‘‘the Proposed Rule Change Received From transaction data within their Association,’’ or ‘‘the NASD.’’ Instead, organizations. NASD uses the name ‘‘NASD’’ unless Members, Participants, or Others The proposed amendment to NASD otherwise appropriate for corporate or Written comments were neither Rule 7010(k)(3)(A)(i) would apply only regulatory reasons. Accordingly, the solicited nor received. to a Subscriber’s internal display of real- proposed rule change replaces, as a III. Date of Effectiveness of the time TRACE transaction data and would technical change, several references to Proposed Rule Change and Timing for be independent of access method or ‘‘the Association’’ in Rule 7010 with the Commission Action data vendor. The proposed $7,500 name ‘‘NASD.’’ enterprise fee option would include NASD would announce the effective Within 35 days of the date of unlimited terminal display use for date of the proposed rule change in a publication of this notice in the Federal individual access for all of a Notice to Members to be published no Register or within such longer period (i) Subscriber’s employees and the later than 60 days following as the Commission may designate up to employees of certain of its corporate Commission approval, if the 90 days of such date if it finds such affiliates.4 Commission approves the proposed rule longer period to be appropriate and change. The effective date would be no publishes its reasons for so finding, or Level II Full Service Web Browser later than 45 days following publication (ii) as to which NASD consents, the Access Fee of the Notice to Members announcing Commission will: To ensure a fair and balanced Commission approval. (A) By order approve such proposed approach to the real-time TRACE rule change; or transaction data fee structure and 2. Statutory Basis (B) institute proceedings to determine encourage use of such data among NASD believes that the proposed rule whether the proposed rule change Subscribers of varying sizes, NASD also change is consistent with the provisions should be disapproved. is proposing to amend NASD Rule of Section 15A(b)(6) of the Act,6 which IV. Solicitation of Comments 7010(k)(1)(A) to reduce fees paid by requires, among other things, that NASD Subscribers who receive real-time rules must be designed to prevent Interested persons are invited to TRACE transaction data through Level II fraudulent and manipulative acts and submit written data, views, and Full Service Web Browser Access. Such practices, to promote just and equitable arguments concerning the foregoing, smaller Subscribers are unlikely to principles of trade, and, in general, to including whether the proposed rule benefit directly from NASD’s enterprise protect investors and the public interest, change is consistent with the Act. pricing proposal. and Section 15A(b)(5) of the Act,7 Comments may be submitted by any of Currently, the implicit cost for the which requires, among other things, that the following methods: portion of Level II Full Service Web NASD rules provide for the equitable Electronic Comments Browser Access for real-time TRACE allocation of reasonable dues, fees, and • transaction data is $60 per month (per other charges among members and Use the Commission’s Internet user ID).5 NASD proposes to reduce the issuers and other persons using any comment form (http://www.sec.gov/ cost of the first user ID per Subscriber rules/sro.shtml); or facility or system that NASD operates or • to receive Level II Full Service Web controls. NASD believes that reducing Send an e-mail to rule- Browser Access from $80 per month to the cost to display real-time TRACE [email protected]. Please include File $50 per month. The proposed rule transaction data would empower Number SR–NASD–2005–063 on the change would reduce a Subscriber’s Subscribers to widen distribution of subject line. marginal cost for the data portion of such data, allow Subscribers and their Paper Comments Level II Full Service Web Browser employees to better serve retail • Send paper comments in triplicate Access for the first user ID by 50% to investors, and facilitate retail investor to Jonathan G. Katz, Secretary, $30 per month. The proposed rule awareness of the importance of pricing Securities and Exchange Commission, change would reduce the costs of in the corporate bond market as well as Station Place,100 F Street, NE., acquiring real-time TRACE transaction enhance the ability of certain Washington, DC 20549–9303. data for current Level II Full Service Subscribers who are NASD members to Web Browser Access Subscribers and comply with various regulatory All submissions should refer to File may encourage some smaller obligations. In addition, NASD believes Number SR–NASD–2005–063. This file professional market participants not that introducing the $7,500 enterprise number should be included on the currently obtaining real-time TRACE fee as an option and reducing the cost subject line if e-mail is used. To help the of Level II Full Service Web Browser Commission process and review your 4 A Subscriber wishing to take advantage of this Access would result in an equitable comments more efficiently, please use option would enter into an agreement directly with only one method. The Commission will NASD, which in turn would notify the data vendors allocation of fees for real-time TRACE with which the Subscriber does business to provide transaction data among Subscribers. post all comments on the Commission’s blanket permission for use of real-time TRACE Internet Web site (http://www.sec.gov/ transaction data to any user within that B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the organization. Statement on Burden on Competition submission, all subsequent 5 Level II Full Service Web Browser Access today costs $80 per month. However, Level II Full Service NASD does not believe that the amendments, all written statements Web Browser Access also grants users Level I Web proposed rule change would result in with respect to the proposed rule Trade Report Only Browser Access (for trade any burden on competition that is not change that are filed with the reporting), which otherwise would cost an Commission, and all written additional $20 per month per user ID. Therefore, today the marginal cost of Level II Full Service Web 6 15 U.S.C. 78o–3(b)(6). communications relating to the Browser Access is $60 per month, per user ID. 7 15 U.S.C. 78o–3(b)(5). proposed rule change between the

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Commission and any person, other than subsidiaries that are not registered as It is therefore ordered, pursuant to those that may be withheld from the clearing agencies with the Commission. Section 19(b)(2) of the Act, that the public in accordance with the Such subsidiaries include Global Asset proposed rule change (File No. SR– provisions of 5 U.S.C. 552, will be Solutions LLC and DTCC Deriv/Serv NSCC–2005–03) be and hereby is available for inspection and copying in LLC. In addition, members of NSCC and approved. the Commission’s Public Reference their affiliates may utilize the services of For the Commission by the Division of Section, 100 F Street, NE., Washington, other third parties. NSCC has Market Regulation, pursuant to delegated DC 20549. Copies of such filing also will determined that it would be more authority. 4 be available for inspection and copying efficient and less costly if the fees that Jill M. Peterson, at the principal office of NASD. All members agree to pay for such services Assistant Secretary. comments received will be posted were collected by NSCC rather than [FR Doc. E5–3282 Filed 6–23–05; 8:45 am] without change; the Commission does through independent billing BILLING CODE 8010–01–P not edit personal identifying mechanisms that would otherwise have information from submissions. You to be established by each subsidiary of should submit only information that DTCC and third party that is not a SECURITIES AND EXCHANGE you wish to make publicly available. All registered clearing agency. COMMISSION submissions should refer to File NSCC’s rules currently allow for fee Number SR–NASD–2005–063 and collection arrangements with respect to should be submitted on or before July [Release No. 34–51872; File No. SR–NYSE– collection of fees from members. The 2005–42] 15, 2005. rule change further clarifies this practice For the Commission, by the Division of and makes clear that NSCC may Self-Regulatory Organizations; New Market Regulation, pursuant to delegated similarly collect fees and charges for York Stock Exchange, Inc.; Notice of authority.8 services provided to affiliates of its Filing and Immediate Effectiveness of Jill M. Peterson, members. NSCC will enter into a Proposed Rule Change Relating to a Assistant Secretary. appropriate agreements with such Specialist Marketing and Investor [FR Doc. E5–3275 Filed 6–23–05; 8:45 am] subsidiaries and others regarding the Education Fee for Investment BILLING CODE 8010–01–P collection of fees. Company Units III. Discussion June 17, 2005. SECURITIES AND EXCHANGE Section 17A(a)(1)(B) of the Act Pursuant to Section 19(b)(1) of the COMMISSION provides that inefficient procedures for Securities Exchange Act of 1934 clearance and settlement impose (‘‘Act’’),1 and Rule 19b–4 2 thereunder, [Release No. 34–51871; File No. SR–NSCC– unnecessary costs on investors and 2005–03] notice is hereby given that on June 13, persons facilitating transactions by and 2005, the New York Stock Exchange, Self-Regulatory Organizations; acting on behalf of investors.3 Although Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with National Securities Clearing the services provided by unregulated the Securities and Exchange Corporation; Order Granting Approval DTCC subsidiaries and by other third Commission (‘‘Commission’’) the of a Proposed Rule Change Relating to parties are not core clearance and proposed rule change as described in the Collecting of Fees for Services settlement services, they are related to Items I and II, below, which Items have Provided by Other Entities the clearance and settlement operations been prepared by the Exchange. The of NSCC and of its members. By proposed rule change has been filed by June 17, 2005. streamlining the fee collection process the Exchange as establishing or I. Introduction for these services so that NSCC’s changing a due, fee, or other charge, members will pay these fees to NSCC as pursuant to Section 19(b)(3)(A)(ii) of the On April 26, 2005, National Securities a part of their normal monthly NSCC Act,3 and Rule 19b–4(f)(2)4 thereunder, Clearing Corporation (‘‘NSCC’’) filed bills, the proposed rule change should which renders the proposal effective with the Securities and Exchange help to improve efficiency in the upon filing with the Commission. The Commission (‘‘Commission’’) proposed operations of NSCC members and Commission is publishing this notice to rule change SR–NSCC–2005–03 thereby should remove unnecessary cost solicit comments on the proposed rule pursuant to Section 19(b)(1) of the for NSCC members and for the persons change from interested persons. Securities Exchange Act of 1934 (i.e., the DTCC subsidiaries and the (‘‘Act’’).1 Notice of the proposal was other entities providing services to I. Self-Regulatory Organization’s published in the Federal Register on NSCC members) facilitating transactions Statement of the Terms of Substance of May 13, 2005.2 No comment letters were by and acting on behalf of investors. the Proposed Rule Change received. For the reasons discussed Accordingly, the Commission finds that The Exchange proposes to charge a fee below, the Commission is granting the proposed rule change is consistent approval of the proposed rule change. to specialists allocated listed Investment with the requirements of Section 17A of Company Units (‘‘ICUs’’) in II. Description the Act. circumstances where the Exchange NSCC is a subsidiary of the IV. Conclusion undertakes to provide funds to a third party for marketing and investor Depository Trust and Clearing On the basis of the foregoing, the Corporation (‘‘DTCC’’). Members of education in connection with the listing Commission finds that the proposed of those ICUs. Below is the text of the NSCC and their affiliates may from time rule change is consistent with the to time utilize the services of DTCC requirements of the Act and in 4 17 CFR 200.30–3(a)(12). particular Section 17A of the Act and 8 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 1 U.S.C. 78s(b)(1). the rules and regulations thereunder. 2 17 CFR 240.19b–4. 2 Securities Exchange Act Release No. 51674, 3 15 U.S.C. 78s(b)(3)(A)(ii). (May 9, 2005), 70 FR 25636. 3 15 U.S.C. 78q–1(a)(A)(B). 4 17 CFR 240.19b–4(f)(2).

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proposed rule change. Proposed new A. Self-Regulatory Organization’s specialist unit of the amount payable, if language is in italics. Statement of the Purpose of, and any, under the Specialist Marketing and * * * * * Statutory Basis for, the Proposed Rule Investor Education Fee for the preceding Change quarter. 2005 Price List The Exchange believes that the 1. Purpose * * * * * Notional NYSE ADV is an appropriate The Exchange anticipates that it may mechanism for allocating the fee among Facility and Equipment Fees undertake in the future to provide funds the specialists as it takes into account * * * * * to third parties for marketing and both trading volume and share price. Specialist Marketing and Investor investor education with respect to Therefore, a relatively high-priced ICU Education Fee—payment by the certain listings of ICUs, also known as with a relatively low share volume specialist unit allocated an issue of Exchange Traded Funds. In such might be subject to a fee comparable to Investment Company Units of any circumstances, the Exchange believes it a relatively low-priced ICU with amount payable by the Exchange to a is appropriate for the specialists relatively high share volume. According third party for marketing and investor allocated those listed ICUs to participate to the Exchange, the proposed manner education expenses in connection with in the provision of such funds to the of apportioning the fee among specialist trading on the Exchange—billed relevant third party. The Exchange units attempts to equalize the fee among quarterly.** Five-sixths (83.33%) of the therefore proposes to implement a ICUs with different trading amount payable by the Exchange. Specialist Marketing and Investor characteristics, instead of apportioning Education Fee to be imposed in the fee based on a single characteristic Notes: connection with payments made to (e.g., NYSE share volume). * * * * * third parties in connection with the **The amount paid by a specialist unit will listing of any ICUs subject to such third 2. Statutory Basis be apportioned each calendar quarter among party payments. This fee would be The Exchange believes that the the specialist units allocated ICUs subject to separate from the current Specialist proposed rule change is consistent with an Exchange payment to a third party. Such License Fee.5 The Exchange believes Section 6(b) of the Act,6 in general, and amount will be apportioned to a specialist that the fee would be imposed in a fair unit based on the specialist unit’s share of furthers the objectives of Section 6(b)(4) 7 the ‘‘Notional NYSE ADV’’ for the ICUs and equitable manner on all specialists of the Act, in particular, in that it subject to the payment. Notional NYSE ADV trading the securities subject to a third provides for the equitable allocation of is defined as the average daily share volume party fee or payment. reasonable dues, fees, and other charges on the NYSE for the quarter for an ICU The amount paid by the specialists among its members. multiplied by the average consolidated would be calculated and apportioned closing price for the quarter for such ICU. following each calendar quarter among B. Self-Regulatory Organization’s Statement on Burden on Competition The following hypothetical the specialist units allocated ICUs that demonstrates how the apportionment are subject to an Exchange payment to The Exchange does not believe that will operate. Assume three ICUs with a third parties. This amount would the proposed rule change will impose Notional NYSE ADV for the preceding represent five-sixths (83.33%) of the any burden on competition that is not calendar quarter of 50,000, 100,000 and annual amount payable by the necessary or appropriate in furtherance 150,000, respectively. The three ICUs Exchange, as apportioned for the of the purposes of the Act. are allocated to Specialist Units A, B quarter. Such amount would be apportioned to specialist units for each C. Self-Regulatory Organization’s and C, respectively. Specialist Units A, Statement on Comments on the B and C would be billed 16.67%, ICU that is subject to the fee, calculated based on the ‘‘Notional NYSE ADV’’ for Proposed Rule Change Received From 33.33% and 50% of the amount Members, Participants, or Others apportioned to the specialist units for each relevant ICU. Notional NYSE ADV the quarter (i.e., in the aggregate, five- would be defined as the average daily The Exchange has neither solicited sixths of the amount payable by the share volume on the NYSE for the nor received written comments on the Exchange). Each calendar quarter, the calendar quarter for the particular ICU proposed rule change. multiplied by the average consolidated Exchange will notify each specialist unit III. Date of Effectiveness of the closing price for the quarter for such of the amount payable for the preceding Proposed Rule Change and Timing for quarter. ICU. The following hypothetical Commission Action * * * * * demonstrates how the apportionment The foregoing proposed rule change II. Self-Regulatory Organization’s would operate. Assume three ICUs with has become effective pursuant to Statement of the Purpose of, and a Notional NYSE ADV for the preceding Section 19(b)(3)(A)(ii) of the Act,8 and Statutory Basis for, the Proposed Rule calendar quarter of 50,000, 100,000, and Rule 19b–4(f)(2)9 thereunder, because it Change 150,000, respectively. Also assume that establishes or changes a due, fee, or the three ICUs are allocated to Specialist other charge imposed by the Exchange. In its filing with the Commission, the Units A, B, and C, respectively. At any time within 60 days of the filing Exchange included statements Specialist Units A, B, and C would be of the proposed rule change, the concerning the purpose of and basis for billed 16.67%, 33.33% and 50% of the Commission may summarily abrogate the proposed rule change and discussed amount apportioned to the specialist such rule change if it appears to the any comments it received on the units for the quarter (i.e., in the Commission that such action is proposed rule change. The text of these aggregate, five-sixths of the amount necessary or appropriate in the public statements may be examined at the payable by the Exchange). Each calendar interest, for the protection of investors, places specified in Item IV below. The quarter, the Exchange would notify each Exchange has prepared summaries, set 6 15 U.S.C. 78f(b). forth in Sections A, B, and C below, of 5 See Securities Exchange Act Release No. 50109 7 15 U.S.C. 78f(b)(4). the most significant aspects of such (July 28, 2004), 69 FR 47192 (August 4, 2004) (File 8 15 U.S.C. 78s(b)(3)(A)(ii). statements. No. SR–NYSE–2004–35) 7 17 CFR 240.19b-4(f)(2).

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or otherwise in furtherance of the For the Commission, by the Division of Dated: June 17, 2005. purposes of the Act. Market Regulation, pursuant to delegated C. Miller Crouch, 10 authority. Principal Deputy Assistant Secretary for IV. Solicitation of Comments Jill M. Peterson, Educational and Cultural Affairs, Department Interested persons are invited to Assistant Secretary. of State. submit written data, views, and [FR Doc. E5–3284 Filed 6–23–05; 8:45 am] [FR Doc. 05–12572 Filed 6–23–05; 8:45 am] arguments concerning the foregoing, BILLING CODE 8010–01–P BILLING CODE 4710–08–P including whether the proposed rule change is consistent with the Act. DEPARTMENT OF STATE Comments may be submitted by any of DEPARTMENT OF STATE the following methods: [Public Notice 5118] [Public Notice 5119]

Electronic Comments Culturally Significant Objects Imported Notice of Public Meeting FY 2006 Refugee Admissions Program • Use the Commission’s Internet for Exhibition Determinations: ‘‘Lords comment form (http://www.sec.gov/ of Creation: the Origins of Sacred There will be a meeting on the Maya Kingship’’ rules/sro.shtml); or President’s FY 2006 Refugee Admissions Program on Wednesday, • Send an e-mail to rule- AGENCY: Department of State. July 13, 2005 from 2 p.m. to 4 p.m. The ACTION: [email protected]. Please include File Notice. meeting will be held at the Refugee Number SR–NYSE–2005–42 on the Processing Center, 1401 Wilson subject line. SUMMARY: Notice is hereby given of the following determinations: Pursuant to Boulevard, Suite 700, Arlington, Paper Comments the authority vested in me by the Act of Virginia. The meeting’s purpose is to hear the views of attendees on the • October 19, 1965 (79 Stat. 985; 22 U.S.C. Send paper comments in triplicate 2459), Executive Order 12047 of March appropriate size and scope of the FY to Jonathan G. Katz, Secretary, 27, 1978, the Foreign Affairs Reform and 2006 Refugee Admissions Program. Securities and Exchange Commission, Restructuring Act of 1998 (112 Stat. Seating is limited. Persons wishing to 100 F Street, NE., Washington, DC 2681, et seq.; 22 U.S.C. 6501 note, et attend this meeting must Notify the 20549–9303. seq.), Delegation of Authority No. 234 of Bureau of Population, Refugees, and All submissions should refer to File October 1, 1999, Delegation of Authority Migration at (202) 663–1056 by 5 p.m. (e.d.t.), Wednesday, July 6, 2005 to Number SR–NYSE–2005–42. This file No. 236 of October 19, 1999, as arrange for admission. Persons wishing number should be included on the amended, and Delegation of Authority to present oral comments or submit subject line if e-mail is used. To help the No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be written comments for consideration, Commission process and review your must provide them in writing by 5 p.m. comments more efficiently, please use included in the exhibition ‘‘Lords of Creation: the Origins of Sacred Maya (e.d.t.), Wednesday, July 6, 2006. only one method. The Commission will All comments should be faxed to post all comments on the Commission’s Kingship,’’ imported from abroad for temporary exhibition within the United (202) 663–1364. Internet Web site (http://www.sec.gov/ States, are of cultural significance. The Information about the Refugee rules/sro.shtml). Copies of the objects are imported pursuant to loan Admissions Program may be found at submission, all subsequent agreements with the foreign lenders. I http://www.state.gov/g/prm/. amendments, all written statements also determine that the exhibition or Whitney Reitz, with respect to the proposed rule display of the exhibit objects at the Los change that are filed with the Overseas Program Section Chief, Bureau of Angeles County Museum of Art, Los Population, Refugees, and Migration, Commission, and all written Angeles, CA, from on or about Department of State. communications relating to the September 10, 2005, to on or about [FR Doc. 05–12573 Filed 6–23–05; 8:45 am] proposed rule change between the January 2, 2006; Dallas Museum of Art, BILLING CODE 4710–33–P Commission and any person, other than Dallas, TX, from on or about February those that may be withheld from the 12, 2006, to on or about May 7, 2006; public in accordance with the Metropolitan Museum of Art, New York, OFFICE OF THE UNITED STATES provisions of 5 U.S.C. 552, will be NY, from on or about June 11, 2006, to TRADE REPRESENTATIVE available for inspection and copying in on or about September 10, 2006, and at the Commission’s Public Reference possible additional venues yet to be [Docket No. WTO/DS–264] Section, 100 F Street, NE., Washington, determined, is in the national interest. WTO Dispute Settlement Proceeding DC 20549. Copies of such filing also will Public Notice of these Determinations is Regarding Final Dumping be available for inspection and copying ordered to be published in the Federal Register. Determination on Softwood Lumber at the principal office of the Exchange. from Canada All comments received will be posted FOR FURTHER INFORMATION CONTACT: For without change; the Commission does further information, including a list of AGENCY: Office of the United States not edit personal identifying the exhibit objects, contact Julianne Trade Representative. information from submissions. You Simpson, Attorney-Adviser, Office of ACTION: Notice; request for comments. should submit only information that the Legal Adviser, U.S. Department of you wish to make available publicly. All State, (telephone: (202) 453–8049). The SUMMARY: The Office of the United submissions should refer to File address is U.S. Department of State, SA– States Trade Representative (USTR) is Number SR–NYSE–2005–42 and should 44, 301 4th Street, SW., Room 700, providing notice that on June 1, 2005, at be submitted on or before July 15, 2005. Washington, DC 20547–0001. the request of Canada, the Dispute Settlement Body (DSB) of the World 10 17 CFR 200.30–3(a)(12). Trade Organization (WTO) established a

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dispute settlement panel under the NW., Washington, DC 20508, (202) 395– Softwood Lumber Products From Marrakesh Agreement Establishing the 3150. Canada, effective April 27, 2005 and WTO. The panel is to examine whether SUPPLEMENTARY INFORMATION: Pursuant published in the Federal Register on the United States has implemented the to the WTO Understanding on Rules May 2, 2005 (70 FR 22636). On May 19, recommendations and rulings of the and Procedures Governing the 2005, Canada alleged that the United DSB in a dispute involving a U.S. Settlement of Disputes (DSU), the panel, States had not properly implemented Department of Commerce (Commerce) which will hold its meetings in Geneva, the recommendations and rulings and determination that certain softwood Switzerland, is expected to issue a requested the establishment of a dispute lumber products from Canada are being report on its findings and settlement panel under Article 21.5 of sold in the United States at less than fair recommendations in September 2005. the DSU to review this implementation. value (LTFV). On August 31, 2004, the The panel was established on June 1, Prior WTO Proceedings DSB adopted the findings of the panel 2005. and the WTO Appellate Body in that On August 31, 2004, the WTO DSB In its request under Article 21.5, dispute. Those findings rejected all of adopted the reports of a dispute Canada alleges that Commerce failed to Canada’s claims, except the claim that settlement panel and the Appellate implement the recommendations and Commerce’s methodology for Body in a dispute brought by Canada rulings of the DSB by using ‘‘zeroing’’ in aggregating dumping levels determined challenging the initiation, scope, and aggregating levels of dumping by comparing weighted average export methodology of Commerce’s determined on a transaction-to- price to weighted average normal value investigation of LTFV sales in the transaction basis. for groups of comparable transactions United States of certain softwood The specific measures identified by was inconsistent with Article 2.4.2 of lumber products from Canada. The Canada as inconsistent with U.S. WTO the Agreement on Implementation of panel rejected all of Canada’s claims, obligations under the AD Agreement Article VI of the General Agreement on except its claim concerning Commerce’s and SCM Agreement are: (1) Notice of Tariffs and Trade (Antidumping use of the so-called ‘‘zeroing’’ Determination Under Section 129 of the Agreement). In response to the DSB’s methodology in aggregating dumping Uruguay Round Agreements Act: recommendations and rulings, levels determined by making weighted Antidumping Measures on Certain Commerce revised its methodology. average-to-weighted average Softwood Lumber Products From Instead of determining dumping levels comparisons between groups of home Canada, 70 FR 22636 (May 2, 2005); and on a weighted average-to-weighted market sales and comparable groups of (2) Notice of Amended Final average basis, Commerce determined sales for export to the United States. The Determination of Sales at Less Than Fair dumping levels on a transaction-to- panel’s findings were upheld by the Value and Antidumping Duty Order: transaction basis. On April 27, 2005, Appellate Body in all respects. The Certain Softwood Lumber Products from Commerce issued a Notice of panel and Appellate Body reports are Canada, 67 FR 36068 (May 22, 2002). Determination Under Section 129 of the publicly available in the USTR reading The People’s Republic of China, the Uruguay Round Agreements Act: room and on the WTO Web site European Communities, India, Japan, Antidumping Measures on Certain http://www.wto.org. and New Zealand have indicated their interest to participate in the dispute as Softwood Lumber Products From Article 21.5 Proceeding third parties. Canada. That Notice, published in the Pursuant to the rules of the DSU, the Federal Register on May 2, 2005 (70 FR United States and Canada agreed that Public Comment: Requirements for 22636), implements the new the United States would have until May Submissions determination. Canada subsequently 2, 2005, to implement the Interested persons are invited to requested the establishment of a dispute recommendations and rulings of the submit written comments concerning settlement panel, alleging that the DSB. To implement these the issues raised in this dispute. Persons United States had failed to implement recommendations and rulings, submitting comments may either send the DSB’s recommendations and Commerce undertook a revision of the one copy by fax to Sandy McKinzy at rulings. The panel was established on calculation of dumping margins in the (202) 395–3640, or transmit a copy June 1, 2005. USTR invites written Softwood Lumber from Canada electronically to [email protected], Attn: comments from the public concerning investigation. That process concluded ‘‘DS264 Dispute’’ in the subject line. For the issues raised in this dispute. with a new determination, which documents sent by fax, USTR requests DATES: Although USTR will accept any Commerce issued to the United States that the submitter provide a comments received during the course of Trade Representative on April 19, 2005. confirmation copy to the electronic mail the dispute settlement proceedings, In the new determination, Commerce address listed above. comments should be submitted on or calculated levels of dumping on a Comments must be in English. USTR before July 22, 2005, to be assured of transaction-to-transaction basis (as encourages the submission of timely consideration by USTR. opposed to a weighted average-to- documents in Adobe PDF format, as weighted average basis), and then ADDRESSES: Comments should be attachments to an electronic mail. submitted (i) electronically, to aggregated the results of these Interested persons who make comparisons to determine dumping [email protected], Attn: ‘‘DS264 submissions by electronic mail should margins for particular producers and Dispute’’ in the subject line, or (ii) by not provide separate cover letters; exporters. Following consultations with fax, to Sandy McKinzy at (202) 395– information that might appear in a cover Commerce and with congressional 3640, with a confirmation copy sent letter should be included in the committees, the Trade Representative electronically to the email address submission itself. Similarly, to the directed Commerce to implement the above. extent possible, any attachments to the new determination on April 27, 2005. submission should be included in the FOR FURTHER INFORMATION CONTACT: Commerce did so through a Notice of same file as the submission itself, and Theodore R. Posner, Associate General Determination Under Section 129 of the not as separate files. Counsel, Office of the United States Uruguay Round Agreements Act: A person requesting that information Trade Representative, 600 17th Street, Antidumping Measures on Certain contained in a comment submitted by

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that person be treated as confidential OFFICE OF THE UNITED STATES (ii) by fax, to Sandy McKinzy at 202– business information must certify that TRADE REPRESENTATIVE 395–3640, with a confirmation copy sent electronically to the e-mail address such information is business [Docket No. WTO/DS–277] confidential and would not customarily above. be released to the public by the WTO Dispute Settlement Proceeding FOR FURTHER INFORMATION CONTACT: submitter. Confidential business Regarding Investigation of the Theodore R. Posner, Associate General information must be clearly designated International Trade Commission in Counsel, Office of the United States as such and the submission must be Softwood Lumber From Canada Trade Representative, 600 17th Street, marked ‘‘BUSINESS CONFIDENTIAL’’ NW., Washington, DC 20508, (202) 395– AGENCY: at the top and bottom of the cover page Office of the United States 3150. Trade Representative. and each succeeding page of the SUPPLEMENTARY INFORMATION: Pursuant submission. ACTION: Notice; request for comments. to the WTO Understanding on Rules and Procedures Governing the Information or advice contained in a SUMMARY: The Office of the United comment submitted, other than business States Trade Representative (USTR) is Settlement of Disputes (DSU), the panel, confidential information, may be providing notice that, at the request of which will hold its meetings in Geneva, Switzerland, is expected to issue a determined by USTR to be confidential Canada, the Dispute Settlement Body report on its findings and in accordance with section 135(g)(2) of (DSB) of the World Trade Organization recommendations in September 2005. the Trade Act of 1974 (19 U.S.C. (WTO) has established a dispute 2155(g)(2)). If the submitting person settlement panel under the Marrakesh Prior WTO Proceedings Agreement Establishing the WTO. The believes that information or advice may On April 26, 2004, the WTO DSB panel is to examine whether the United qualify as such, the submitting person— adopted the report of a dispute States has implemented the settlement panel in a dispute brought by (1) Must clearly so designate the recommendations and rulings of the Canada challenging the ITC’s final information or advice; DSB in a dispute involving a U.S. threat of material injury determination (2) Must clearly mark the material as International Trade Commission (ITC) in its investigation of softwood lumber ‘‘Submitted in Confidence’’ at the top injury investigation of certain softwood imports from Canada. The panel and bottom of each page of the cover lumber products from Canada. On April rejected certain of Canada’s claims but 26, 2004, the DSB adopted the findings page and each succeeding page; and ultimately found that ‘‘in light of the of the panel in that dispute, which (3) Is encouraged to provide a non- totality of the factors considered and the found that ‘‘in light of the totality of the confidential summary of the reasoning in the USITC’s determination, factors considered and the reasoning in information or advice. [it could not] conclude that the finding the USITC’s determination, [it could of a likely imminent substantial increase Pursuant to section 127(e) of the not] conclude that the finding of a likely in imports is one which could have URAA (19 U.S.C. 3537(e)), USTR will imminent substantial increase in been reached by an objective and maintain a file on this dispute imports is one which could have been unbiased investigating authority.’’ The settlement proceeding, accessible to the reached by an objective and unbiased dispute settlement panel report is public, in the USTR Reading Room, investigating authority.’’ In response to publicly available in the USTR reading which is located at 1724 F Street, NW., the DSB’s recommendations and room and on the WTO Web site Washington, DC 20508. The public file rulings, the ITC issued a new http://www.wto.org. will include non-confidential comments determination in November 2004, which received by USTR from the public with found that ‘‘an industry in the United Article 21.5 Proceeding respect to the dispute; if a dispute States is threatened with material injury Pursuant to the rules of the DSU, the settlement panel is convened, the U.S. by reason of imports of softwood lumber United States and Canada agreed that submissions to that panel, the from Canada found to be subsidized and the United States would have until submissions, or non-confidential sold in the United States at less than fair January 26, 2005, to implement the summaries of submissions, to the panel value (‘LTFV’).’’ In December 2004, the recommendations and rulings of the received from other participants in the U.S. antidumping and countervailing DSB. To implement these dispute, as well as the report of the duty orders on softwood lumber from recommendations and rulings, the ITC panel; and, if applicable, the report of Canada were amended to reflect the new undertook a four-month process that determination. Canada subsequently the Appellate Body. An appointment to involved reopening its administrative requested the establishment of a dispute review the public file (Docket No.WT/ record in the Softwood Lumber from settlement panel, alleging that the DS–264, Lumber Antidumping Dispute) Canada investigation to gather United States had failed to implement may be made by calling the USTR additional information, holding a public the DSB’s recommendations and hearing, providing interested parties Reading Room at (202) 395–6186. The rulings. USTR invites written comments USTR Reading Room is open to the three opportunities to submit written from the public concerning the issues comments, and engaging in additional public from 9:30 a.m. to noon and 1 raised in this dispute. p.m. to 4 p.m., Monday through Friday. analysis. That process concluded with a DATES: Although USTR will accept any new determination in November 2004, Daniel E. Brinza, comments received during the course of which found that ‘‘an industry in the Assistant United States Trade Representative the dispute settlement proceedings, United States is threatened with for Monitoring and Enforcement. comments should be submitted on or material injury by reason of imports of [FR Doc. 05–12483 Filed 6–23–05; 8:45 am] before June 27, 2005, to be assured of softwood lumber from Canada found to timely consideration by USTR. BILLING CODE 3190–W5–P be subsidized and sold in the United ADDRESSES: Comments should be States at less than fair value (‘LTFV’).’’ submitted (i) electronically, to In December 2004, the U.S. [email protected], Attn: ‘‘Lumber Injury antidumping and countervailing duty Dispute (DS277)’’ in the subject line, or orders on softwood lumber from Canada

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were amended to reflect the new extent possible, any attachments to the DEPARTMENT OF TRANSPORTATION determination. On February 14, 2005, submission should be included in the Canada alleged that the United States same file as the submission itself, and Federal Aviation Administration had not properly implemented the not as separate files. First Meeting: RTCA Special recommendations and rulings and A person requesting that information requested the establishment of a dispute Committee 206/Aeronautical contained in a comment submitted by Information Services (AIS) Data Link settlement panel under Article 21.5 of that person be treated as confidential the DSU to review this implementation. business information must certify that AGENCY: Federal Aviation The panel was established on February such information is business Administration (FAA), DOT. 25, 2005. In its request under Article 21.5, confidential and would not customarily ACTION: Notice of first meeting. be released to the public by the Canada alleges that the ITC failed to SUMMARY: The FAA is issuing this notice implement the recommendations and submitter. Confidential business information must be clearly designated to advise the public of the initial rulings of the DSB by (1) failing to make meeting of RTCA Special Committee a determination of threat of material as such and the submission must be marked ‘‘Business Confidential’’ at the 206/Aeronautical Information Services injury based on facts; (2) failing to (AIS) Data Link. The FAA is holding demonstrate a causal relationship top and bottom of the cover page and each succeeding page of the submission. this meeting to provide interested between allegedly dumped and individuals an opportunity to subsidized imports of softwood lumber Information or advice contained in a participate. from Canada and threatened injury to comment submitted, other than business the domestic industry; and (3) failing to confidential information, may be TIME AND DATE: The meeting will be held examine in an unbiased and objective determined by USTR to be confidential July 18–20, 2005, from 9 a.m.–5 p.m. manner any and all known factors other in accordance with section 135(g)(2) of ADDRESSES: The meeting will be held at than the allegedly dumped and the Trade Act of 1974 (19 U.S.C. RTCA, Inc., 1828 L Street, NW., Suite subsidized imports that were injuring or 2155(g)(2)). If the submitting person 805, Washington, DC 20036. threatening to injure the domestic believes that information or advice may FOR FURTHER INFORMATION CONTACT: (1) industry. qualify as such, the submitting person— RTCA Secretariat, 1828 L Street, NW., The specific measures identified by Suite 805, Washington, DC, 20036; Canada as inconsistent with U.S. WTO (1) Must clearly so designate the information or advice; telephone (202) 833–9339; fax (202) obligations under the AD Agreement 833–9434; Web site http://www.rtca.org. and SCM Agreement are: (1) Section 129 (2) Must clearly mark the material as SUPPLEMENTARY INFORMATION: Pursuant Consistency Determination, Softwood ‘‘Submitted in Confidence’’ at the top to section 10(a)(2) of the Federal Lumber from Canada, (24 Nov. 2004), and bottom of each page of the cover Advisory Committee Act (Pub. L. 92– Inv. Nos. 701–TA–414 and 731–TA– page and each succeeding page; and 463, 5 U.S.C., Appendix 2), notice is 928; and (2) Notice of Amendment to (3) Is encouraged to provide a non- hereby given for Special Committee Antidumping and Countervailing Duty confidential summary of the 206/Aeronautical Information Services Orders on Certain Softwood Lumber information or advice. (AIS) Data Link meeting. RTCA is Products From Canada (20 Dec. 2004), establishing Special Committee 206/ 69 FR 75917 (Dep’t. Commerce, Pursuant to section 127(e) of the Aeronautical Information Services (AIS) December 20, 2004). URAA (19 U.S.C. 3537(e)), USTR will The European Communities and the maintain a file on this dispute Data Link at the request of the Federal People’s Republic of China have settlement proceeding, accessible to the Aviation Administration. SC–206 is indicated their interest to participate in public, in the USTR Reading Room, tasked to develop new Minimum the dispute as third parties. which is located at 1724 F Street, NW., Aviation System Performance Standards Washington, DC 20508. The public file (MASPS) for Flight Information Public Comment: Requirements for will include non-confidential comments Services—‘‘Tactical Use’’ and complete Submissions received by USTR from the public with necessary revisions to existing RTCA Interested persons are invited to respect to the dispute; if a dispute documents DO–267A, Minimum submit written comments concerning settlement panel is convened, the U.S. Aviation System Performance Standards the issues raised in this dispute. Persons submissions to that panel, the (MASPS) for Flight Information submitting comments may either send submissions, or non-confidential Services–Broadcast (FIS/B) Data Lind one copy by fax to Sandy McKinzy at summaries of submissions, to the panel and DO–252, Minimum Interoperability (202) 395–3640, or transmit a copy received from other participants in the Standards (MIS) for Automated electronically to [email protected], Attn: dispute, as well as the report of the Meteorological Transmission ‘‘Lumber Injury Dispute (DS277)’’ in the panel; and, if applicable, the report of (AUTOMET). The agenda will include: subject line. For documents sent by fax, the Appellate Body. An appointment to July 18: USTR requests that the submitter review the public file (Docket No. WT/ • Opening Plenary Session (Welcome, provide a confirmation copy to the DS–277, Lumber Injury Dispute) may be Chairman Remarks and electronic mail address listed above. made by calling the USTR Reading Introductions) Comments must be in English. USTR Room at (202) 395–6186. The USTR • Review and Approve Meeting encourages the submission of Reading Room is open to the public Agenda documents in Adobe PDF format, as from 9:30 a.m. to noon and 1 p.m. to 4 • Terms of Reference (TOR) Overview attachments to an electronic mail. p.m., Monday through Friday. • RTCA/EUROCAE Processes and Interested persons who make Procedures submissions by electronic mail should Daniel E. Brinza, • Identification of Working Groups, not provide separate cover letters; Assistant United States Trade Representative Chairs, Secretaries information that might appear in a cover for Monitoring and Enforcement. • Presentation: A number of National letter should be included in the [FR Doc. 05–12484 Filed 6–23–05; 8:45 am] and International organizations submission itself. Similarly, to the BILLING CODE 3190–W5–P including Air Traffic Control

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Facilities will present their vision L Street, NW., Suite 805, Washington, DEPARTMENT OF TRANSPORTATION and need for future weather and DC 20036. aeronautical data products to be Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: (1) delivered to the cockpits. General RTCA Secretariat, 1828 L Street, NW., aviation, corporate and air carriers Notice of Intent to Rule on Application Suite 805, Washington, DC 20036; 05–03–I–00–GRR to Impose a both Nationally and Internationally telephone (202) 833–9339; fax (202) are included. Passenger Facility Charge (PFC) at 833–9434; Web site http://www.rtca.org. Gerald R. Ford International Airport, July 19: Grand Rapids, MI. • Continuation of Above Agenda SUPPLEMENTARY INFORMATION: Pursuant Items to section 10(a)(2) of the Federal AGENCY: Federal Aviation July 20: Work Program Discussion Advisory Committee Act (Pub. L. 92– Administration (FAA), DOT. • 463, 5 U.S.C., Appendix 2), notice is SC–206 TOR (Amendments and ACTION: Notice of intent to rule on hereby given for a Special Committee Proposals to TOR) application. • Administrative Procedures 207/Airport Security Access Control Æ Document Control Systems meeting. RTCA is establishing SUMMARY: The FAA proposes to rule and Æ Selection of Sub-Chairs and Special Committee 207/Airport Security invites public comment on the Secretaries Access Control Systems at the request of application to impose a PFC at Gerald Æ Web site the Airport Consultants’ Council. SC– R. Ford International Airport under the Æ E-mail List and E-mail ‘‘Exploder’’ 207 is tasked to revise RTCA DO–230A, provisions of the 49 U.S.C. 40117 and Æ Other Administrative Standards for Airport Security Access part 158 of the Federal Aviation • Closing Plenary Session Control Systems issued in April 2003. A Regulations (14 CFR part 185). Æ Other Business revision is required due to the rapid DATES: Comments must be received on Æ Establish Plans, Dates, Place and advancement of biometric applications or before July 25, 2005. and capabilities and other security Agenda for Next Meeting ADDRESSES: Comments on this Attendance is open to the interested procedures. The revised document is application may be mailed or delivered public but limited to space availability. scheduled for completion by September in triplicate to the FAA at the following With the approval of the chairmen, 2006. The agency will include: address: Detroit Airports District Office, members of the public may present oral July 18: 11677 South Wayne Road, Suite 107, statements at the meeting. Persons • Opening Plenary Session (Welcome, Romulus, MI 48174. wishing to present statements or obtain Introductions, and Administrative In addition, one copy of any information should contact the person Remarks) comments submitted to the FAA must listed in the FOR FURTHER INFORMATION be mailed or delivered to Mr. James A. • Agenda Overview CONTACT section. Members of the public Koslosky of the Kent County • may present a written statement to the RTCA Functional Overview Department of Aeronautics at the committee at any time. • Previous Committee History following address: 5500 44th Street SE., Dated: Issued in Washington, DC, on June • Current Committee Scope, Terms of Grand Rapids, MI 49512. 16, 2005. Reference Overview. Air carriers and foreign air carriers may submit copies of written comments Natalie Ogletree, • Presentation, Discussion, previously provided to the Kent County FAA General Engineer, RTCA Advisory Recommendations Department of Aeronautics under Committee. • Organization of Work, Assign Tasks section 158.23 of part 158. [FR Doc. 05–12531 Filed 6–23–05; 8:45 am] and Workgroups FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 4910–13–M • Presentation, Discussion, Jason Watt, Program Manager, Detroit Recommendations Airports District Office, 11677 South DEPARTMENT OF TRANSPORTATION • Assignment of Responsibilities Wayne Road, Suite 107, Romulus, • Closing Plenary Session (Other Michigan 48174, (734) 229–2906. The Federal Aviation Administration Business, Establish Agenda for Next application may be reviewed in person Meeting, Date and Place of Next at this same location. First Meeting: RTCA Special Meeting). SUPPLEMENTARY INFORMATION: The FAA Committee 207/Airport Security proposes to rule and invites public Access Control Systems Attendance is open to the interested public but limited to space availability. comment on the application to impose AGENCY: Federal Aviation With the approval of the chairmen, a PFC at Gerald R. Ford International Administration (FAA), DOT. members of the public may present oral Airport under the provisions of the 49 U.S.C. 40117 and part 158 of the Federal ACTION: Notice of First Meeting. statements at the meeting. Persons wishing to present statements or obtain Aviation Regulations (14 CFR part 158). SUMMARY: The FAA is issuing this notice information should contact the person On June 10, 2005, the FAA to advise the public of a the initial listed in the FOR FURTHER INFORMATION determined that the application to meeting of RTCA Special Committee CONTACT section. Members of the public impose a PFC submitted by the Kent 207, Airport Security Access Control may present a written statement to the County Department of Aeronautics was Systems. The FAA is holding this committee at any time. substantially complete within the meeting to provide interested requirements of § 158.25 of part 158. Issued in Washington, DC, on June 16, The FAA will approve or disapprove the individuals an opportunity to 2005. participate. application, in whole or in part, no later Natalie Ogletree, than August 26, 2005. TIME AND DATE: The meeting will be held FAA General Engineer, RTCA Advisory The following is a brief overview of July 18, 2005 starting at 1 p.m. Committee. the application. ADDRESSES: The meeting will be held at [FR Doc. 05–12532 Filed 6–23–05; 8:45 am] Proposed charge effective date: July 1, RTCA, Inc.—Colson Board Room, 1828 BILLING CODE 4910–13–M 2019.

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Proposed charge expiration date: May Abstract: 49 U.S.C. Section 5335(a) use the NTD for making transit related 1, 2021. and (b) require the Secretary of decisions. State governments also use Level of the proposed PFC: $4.50. Transportation to maintain a reporting the NTD in allocating funds under 49 Total estimated PFC revenue: system by uniform categories to U.S.C. $13,100,000. accumulate mass transportation Section 5307 and use NTD data to Brief description of proposed projects: financial and operating information and prepare annual state transit summaries. Terminal B Concourse Expansion, a uniform system of accounts and The NTD requires that transit costs be Terminal A Concourse Expansion, and records. Twenty years ago, the National reported by mode, such as commuter Baggage Claim Expansion. Transit Database (NTD) was created by rail, ferryboat, bus, subway, or light rail. Classes or classes of air carries, which Congress to be the repository of transit Thus, the NTD is the only accurate the public agency has requested, not be data for the nation. For FTA, the NTD national source of data on operating required to collect PFCs: Nonscheduled/ is an agency mission critical costs by mode. For example, without the on-demand carriers filing FAA form Information Technology (IT) system. NTD, it would be difficult to compare 1800–31. Congress created the NTD to provide the average operating costs of bus versus Any person may inspect the validated data to determine the light rail. NTD information is essential application in person at the FAA office allocations for FTA’s major formula for understanding cost, ridership and listed above under FOR FURTHER grant programs. Each year transit other national performance trends, INFORMATION CONTACT. authorities that receive FTA funding including transit’s share of urban travel. In addition, any person may, upon submit performance data, via the It would be difficult to determine the request, inspect the application, notice Internet, to the NTD. For the formula future structure of FTA programs, to set and other documents germane to the funding, they submit data on vehicle policy, and to make funding and other application in person at the Kent miles, fixed-guideway miles, ridership, decisions relating to the efficiency and County Department of Aeronautics. and operating costs. These performance effectiveness of the nation’s transit operations without the NTD. For many Issued in Des Plaines, Illinois on June 20, data are used in statutory formulae to 2005. apportion over $4 billion in federal years, OMB has approved the annual information collection under the NTD, Elliott Black, funds back to those agencies across the nation. as required by statute. Prior to 2002, the Manager, Planning and Programming Branch, NTD received annual summary reports Airports Division, Great Lakes Region. In addition, Congress provides much for safety, security and ridership data. In [FR Doc. 05–12557 Filed 6–23–05; 8:45 am] of the investment in the capital 2002, FTA added the monthly reporting BILLING CODE 4910–13–M infrastructure of transit. The NTD of safety and security data and ridership reports to Congress on the level of that data to the NTD at the direction of investment and the condition and Congress. DEPARTMENT OF TRANSPORTATION performance of the capital assets funded New NTD. In the 2000 DOT by Congress. It reports each bus and Federal Transit Administration Appropriations Act, Congress directed railcar, the average age of the vehicle FTA to develop a new NTD. In January [FTA Docket No. FTA–2005–21667] fleets, as well as the costs, condition 2002, a completely new NTD was and performance of bus and rail launched on the Internet. It was Agency Information Collection Activity systems. All transit safety and security completed on time and within budget. Under OMB review data is reported to the NTD. Since the The new NTD includes an updated and 9/11 tragedy, the Department of AGENCY: streamlined version of the annual NTD Federal Transit Administration, Homeland Defense receives security DOT. that OMB has reviewed in the past, but incident data from the NTD. The it adds some monthly reporting that ACTION: Notice of request for comments. National Transportation Safety Board OMB has not reviewed. Congress, the (NTSB), the Department of SUMMARY: In accordance with the DOT and the NTSB wanted monthly Transportation (DOT), and the Paperwork Reduction Act of 1995 (44 reporting of safety and security data. Government Accounting Office (GAO) U.S.C. 35001 et seq.), this notice Also, to meet annual GPRA reporting use NTD safety data. The Department of announces that the Information requirements, Congress wanted transit Justice and DOT use NTD data for Collection Request (ICR) abstracted ridership to be reported monthly. compliance with bus and paratransit below has been forwarded to the Office Congress provided FTA with the funds provisions of the Americans with of Management and Budget (OMB) for to design and program the new NTD. Disabilities Act of 1990. The extension of the currently approved During the two-year development Department of Labor uses NTD information collection. The Federal period for this system, Congress employment, hours and wage data. In Register Notice with a 60-day comment required that a panel of experts under addition, NTD fuel and engine data is period soliciting comments was the Transportation Research Board used by the Environmental Protection published on March 30, 2005. (TRB) of the National Academy of Agency and the Department of Energy. Sciences review all NTD data elements. DATES: Comments must be submitted The Federal Highway Administration The FTA conducted outreach sessions before July 25, 2005. A comment to incorporates transit financial and on revisions to the NTD, prepared OMB is most effective if OMB receives highway fixed-guideway (HOV) data in reports to Congress, and worked with it within 30 days of publication. their annual reports. In fact, FTA could the TRB panel to reduce unnecessary FOR FURTHER INFORMATION CONTACT: not fulfill its annual reporting reporting and reporting burden. As a Sylvia L. Marion, Office of requirements to Congress under the result, some forms and many data series Administration, Office of Management Government Performance and Results were eliminated from the annual report. Planning, (202) 366–6680. Act (GPRA) without NTD data. In The new Internet-based system SUPPLEMENTARY INFORMATION: addition, federal, state, and local replaced the older diskette system and Title: 49 U.S.C. Section 5335(a) and governments, transit agencies/boards, greatly reduced reporting burden. The (b) National Transit Database (OMB labor unions, manufacturers, new Internet system has pre-submission Number: 2132–0008) researchers, consultants and universities validation, like Turbo-Tax. Many errors

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were caught prior to submission. The DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Internet system eliminated the time Joann Spittle, U.S. Department of consuming mailing back and forth of Maritime Administration Transportation, Maritime submission errors to reporters, and re- [Docket Number 2005 21641] Administration, MAR–830 Room 7201, mailing submission corrections back to 400 Seventh Street, SW., Washington, FTA. The new annual NTD yielded Requested Administrative Waiver of DC 20590. Telephone 202–366–5979. significant timesavings and reduced the Coastwise Trade Laws SUPPLEMENTARY INFORMATION: As reporting burden. In recent surveys, described by the applicant the intended over 75 percent of reporters like the new AGENCY: Maritime Administration, Department of Transportation. service of the vessel BLUE MOON is: annual system and find it to be a great Intended Use: ‘‘part time charter, less ACTION: improvement and timesavings. Invitation for public comments than 6 passengers.’’ on a requested administrative waiver of Much of the reduction in burden Geographic Region: Long Island the Coastwise Trade Laws for the vessel Sound, Cape Cod, New York, hours for the annual NTD reports were BLUE MOON. offset by the increase in time for filing Connecticut, Massachusetts, Rhode monthly reports in the new NTD. Safety, SUMMARY: As authorized by Pub. L. 105– Island, and USVI. security and ridership data has always 383 and Pub. L. 107–295, the Secretary Dated: June 17, 2005. been part of the purview of the NTD. of Transportation, as represented by the By order of the Maritime Administrator. Congress, the NTSB and DOT wanted Maritime Administration (MARAD), is Joel C. Richard, authorized to grant waivers of the U.S.- FTA to generate more detailed, monthly Secretary, Maritime Administration. safety data to develop causal factors. build requirement of the coastwise laws [FR Doc. 05–12545 Filed 6–23–05; 8:45 am] The Federal Railroad Administration, under certain circumstances. A request the National Highway Traffic Safety for such a waiver has been received by BILLING CODE 4910–81–P Administration and the Federal MARAD. The vessel, and a brief description of the proposed service, is Aviation Administration report safety DEPARTMENT OF TRANSPORTATION and security data monthly. Congress, listed below. The complete application DOT and the NTSB wanted FTA to is given in DOT docket 2005–21641 at Maritime Administration harmonize with her sister agencies and http://dms.dot.gov. Interested parties provide monthly reports. Monthly may comment on the effect this action [Docket Number 2005 21645] reporting has increased reporting time. may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag Requested Administrative Waiver of The net effect of monthly safety, the Coastwise Trade Laws security and ridership data reporting is vessels. If MARAD determines, in to offset much of timesavings that the accordance with Pub. L. 105–383 and AGENCY: Maritime Administration, new NTD was able to produce for the MARAD’s regulations at 46 CFR Part Department of Transportation. annual reports. Total NTD reporting 388 (68 FR 23084; April 30, 2003), that ACTION: Invitation for public comments time has dropped only a little. the issuance of the waiver will have an on a requested administrative waiver of unduly adverse effect on a U.S.-vessel Estimated Total Annual Burden: the Coastwise Trade Laws for the vessel builder or a business that uses U.S.-flag 231,954 hours. COLD STEEL. vessels in that business, a waiver will ADDRESSES: All written comments must not be granted. Comments should refer SUMMARY: As authorized by Pub. L. 105– refer to the docket number that appears to the docket number of this notice and 383 and Pub. L. 107–295, the Secretary at the top of this document and be the vessel name in order for MARAD to of Transportation, as represented by the submitted to the Office of Information properly consider the comments. Maritime Administration (MARAD), is and Regulatory Affairs, Office of Comments should also state the authorized to grant waivers of the U.S.- Management and Budget, 725–17th commenter’s interest in the waiver build requirement of the coastwise laws Street, NW., Washington, DC 20503, application, and address the waiver under certain circumstances. A request Attention: FTA Desk Officer. criteria given in § 388.4 of MARAD’s for such a waiver has been received by regulations at 46 CFR Part 388. Comments Are Invited On: Whether MARAD. The vessel, and a brief the proposed collection of information DATES: Submit comments on or before description of the proposed service, is is necessary for the proper performance July 25, 2005. listed below. The complete application of the functions of the Department, ADDRESSES: Comments should refer to is given in DOT docket 2005–21645 at including whether the information will docket number MARAD–2005 21641. http://dms.dot.gov. Interested parties have practical utility; the accuracy of Written comments may be submitted by may comment on the effect this action the Department’s estimate of the burden hand or by mail to the Docket Clerk, may have on U.S. vessel builders or of the proposed information collection; U.S. DOT Dockets, Room PL–401, businesses in the U.S. that use U.S.-flag ways to enhance the quality, utility, and Department of Transportation, 400 7th vessels. clarity of the information to be St., SW., Washington, DC 20590–0001. If MARAD determines, in accordance collected; and ways to minimize the You may also send comments with Pub. L. 105–383 and MARAD’s burden of the collection of information electronically via the Internet at http:// regulations at 46 CFR part 388 (68 FR on respondents, including the use of dmses.dot.gov/submit/. All comments 23084; April 30, 2003), that the issuance automated collection techniques or will become part of this docket and will of the waiver will have an unduly other forms of information technology. be available for inspection and copying adverse effect on a U.S.-vessel builder or at the above address between 10 a.m. a business that uses U.S.-flag vessels in Issued: June 20, 2005. and 5 p.m., E.T., Monday through that business, a waiver will not be Ann M. Linnertz, Friday, except Federal holidays. An granted. Comments should refer to the Deputy Associate Administrator for electronic version of this document and docket number of this notice and the Administration. all documents entered into this docket vessel name in order for MARAD to [FR Doc. 05–12530 Filed 6–23–05; 8:45 am] is available on the World Wide Web at properly consider the comments. BILLING CODE 4910–57–P http://dms.dot.gov. Comments should also state the

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commenter’s interest in the waiver MARAD. The vessel, and a brief devices such as boats, jet skis, kayaks, application, and address the waiver description of the proposed service, is or the like. No fishing activity will criteria given in § 388.4 of MARAD’s listed below. The complete application occur. If permitted the owner will regulations at 46 CFR part 388. is given in DOT docket 2005–21640 at occasionally donate the use of the yacht DATES: Submit comments on or before http://dms.dot.gov. Interested parties to civic, arts, or charity groups to use to July 25, 2005. may comment on the effect this action auction off a day or evening on the ADDRESSES: Comments should refer to may have on U.S. vessel builders or yacht in order to support the groups. docket number MARAD–2005 21645. businesses in the U.S. that use U.S.-flag The Boeing Company would receive no Written comments may be submitted by vessels. If MARAD determines, in revenue from these auctions or trips.’’ hand or by mail to the Docket Clerk, accordance with Pub. L. 105–383 and Geographic Region: Washington State. U.S. DOT Dockets, Room PL–401, MARAD’s regulations at 46 CFR Part Dated: June 17, 2005. Department of Transportation, 400 7th 388 (68 FR 23084; April 30, 2003), that By order of the Maritime Administrator. the issuance of the waiver will have an St., SW., Washington, DC 20590–0001. Joel C. Richard, You may also send comments unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag Secretary, Maritime Administration. electronically via the Internet at http:// [FR Doc. 05–12544 Filed 6–23–05; 8:45 am] dmses.dot.gov/submit/. All comments vessels in that business, a waiver will will become part of this docket and will not be granted. Comments should refer BILLING CODE 4910–81–P be available for inspection and copying to the docket number of this notice and the vessel name in order for MARAD to at the above address between 10 a.m. DEPARTMENT OF TRANSPORTATION and 5 p.m., e.t., Monday through Friday, properly consider the comments. except Federal holidays. An electronic Comments should also state the Maritime Administration version of this document and all commenter’s interest in the waiver documents entered into this docket is application, and address the waiver [Docket Number 2995 21646] available on the World Wide Web at criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. Requested Administrative Waiver of http://dms.dot.gov. the Coastwise Trade Laws FOR FURTHER INFORMATION CONTACT: DATES: Submit comments on or before Joann Spittle, U.S. Department of July 25, 2005. AGENCY: Maritime Administration, Transportation, Maritime ADDRESSES: Comments should refer to Department of Transportation. Administration, MAR–830 Room 7201, docket number MARAD–2005 21640. ACTION: Invitation for public comments 400 Seventh Street, SW., Washington, Written comments may be submitted by on a requested administrative waiver of DC 20590. Telephone 202–366–5979. hand or by mail to the Docket Clerk, the Coastwise Trade Laws for the vessel SUPPLEMENTARY INFORMATION: As U.S. DOT Dockets, Room PL–401, EQUITY. described by the applicant the intended Department of Transportation, 400 7th SUMMARY: service of the vessel COLD STEEL is: St., SW., Washington, DC 20590–0001. As authorized by Pub. L. 105– Intended Use: ‘‘sportfishing charter- You may also send comments 383 and Pub. L. 107–295, the Secretary fish not for sale.’’ electronically via the Internet at http:// of Transportation, as represented by the Geographic Region: Lake Ontario, NY. dmses.dot.gov/submit/. All comments Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- Dated: June 17, 2005. will become part of this docket and will be available for inspection and copying build requirement of the coastwise laws By order of the Maritime Administrator. at the above address between 10 a.m. under certain circumstances. A request Joel C. Richard, and 5 p.m., E.T., Monday through for such a waiver has been received by Secretary, Maritime Administration. Friday, except Federal holidays. An MARAD. The vessel, and a brief [FR Doc. 05–12550 Filed 6–23–05; 8:45 am] electronic version of this document and description of the proposed service, is BILLING CODE 4910–81–P all documents entered into this docket listed below. The complete application is available on the World Wide Web at is given in DOT docket 2005–21646 at http://dms.dot.gov. http://dms.dot.gov. Interested parties DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: may comment on the effect this action may have on U.S. vessel builders or Maritime Administration Joann Spittle, U.S. Department of Transportation, Maritime businesses in the U.S. that use U.S.-flag [Docket Number 2005 21640] Administration, MAR–830 Room 7201, vessels. If MARAD determines, in 400 Seventh Street, SW., Washington, accordance with Pub. L. 105–383 and Requested Administrative Waiver of DC 20590. Telephone 202–366–5979. MARAD’s regulations at 46 CFR Part the Coastwise Trade Laws SUPPLEMENTARY INFORMATION: As 388 (68 FR 23084; April 30, 2003), that AGENCY: Maritime Administration, described by the applicant the intended the issuance of the waiver will have an Department of Transportation. service of the vessel unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag ACTION: Invitation for public comments DAEDALUS is: vessels in that business, a waiver will on a requested administrative waiver of Intended Use: ‘‘Entertainment of not be granted. Comments should refer the Coastwise Trade Laws for the vessel employees and customers of The Boeing to the docket number of this notice and DAEDALUS. Company and other nonpaying guests in groups of 12 or less. The guests will be the vessel name in order for MARAD to SUMMARY: As authorized by Pub. L. 105– on board for parties or meals and short properly consider the comments. 383 and Pub. L. 107–295, the Secretary trips, usually for one afternoon or Comments should also state the of Transportation, as represented by the evening. The owner will not solicit or commenter’s interest in the waiver Maritime Administration (MARAD), is accept paying customers or charter application, and address the waiver authorized to grant waivers of the U.S.- business. criteria given in § 388.4 of MARAD’s build requirement of the coastwise laws Guests will not typically disembark regulations at 46 CFR part 388. under certain circumstances. A request on shore excursions, or for swimming, DATES: Submit comments on or before for such a waiver has been received by fishing, or the use of ancillary water July 25, 2005.

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ADDRESSES: Comments should refer to description of the proposed service, is DEPARTMENT OF TRANSPORTATION docket number MARAD–2005 21646. listed below. The complete application Written comments may be submitted by is given in DOT docket 2005–21648 at Maritime Administration hand or by mail to the Docket Clerk, http://dms.dot.gov. Interested parties [Docket Number 2005–21643] U.S. DOT Dockets, Room PL–401, may comment on the effect this action Department of Transportation, 400 7th may have on U.S. vessel builders or Requested Administrative Waiver of St., SW., Washington, DC 20590–0001. businesses in the U.S. that use U.S.-flag the Coastwise Trade Laws You may also send comments vessels. If MARAD determines, in electronically via the Internet at http:// accordance with Pub. L. 105–383 and AGENCY: Maritime Administration, dmses.dot.gov/submit/. All comments MARAD’s regulations at 46 CFR Part Department of Transportation. will become part of this docket and will 388 (68 FR 23084; April 30, 2003), that ACTION: Invitation for public comments be available for inspection and copying the issuance of the waiver will have an on a requested administrative waiver of at the above address between 10 a.m. unduly adverse effect on a U.S.-vessel the Coastwise Trade Laws for the vessel and 5 p.m., E.T., Monday through builder or a business that uses U.S.-flag NSS PATTAM. Friday, except Federal holidays. An vessels in that business, a waiver will SUMMARY: As authorized by Pub. L. 105– electronic version of this document and not be granted. Comments should refer 383 and Pub. L. 107–295, the Secretary all documents entered into this docket to the docket number of this notice and of Transportation, as represented by the is available on the World Wide Web at the vessel name in order for MARAD to Maritime Administration (MARAD), is http://dms.dot.gov. properly consider the comments. authorized to grant waivers of the U.S.- FOR FURTHER INFORMATION CONTACT: Comments should also state the build requirement of the coastwise laws Joann Spittle, U.S. Department of commenter’s interest in the waiver under certain circumstances. A request Transportation, Maritime application, and address the waiver for such a waiver has been received by Administration, MAR–830 Room 7201, criteria given in § 388.4 of MARAD’s MARAD. The vessel, and a brief 400 Seventh Street, SW., Washington, regulations at 46 CFR Part 388. description of the proposed service, is DC 20590. Telephone 202–366–5979. DATES: Submit comments on or before listed below. The complete application SUPPLEMENTARY INFORMATION: As July 25, 2005. is given in DOT docket 2005–21643 at described by the applicant the intended ADDRESSES: Comments should refer to http://dms.dot.gov. Interested parties service of the vessel EQUITY is: docket number MARAD–2005 21648. may comment on the effect this action Intended Use: ‘‘Vacation charters, Written comments may be submitted by may have on U.S. vessel builders or usually of one week duration. Not more hand or by mail to the Docket Clerk, businesses in the U.S. that use U.S.-flag than 6 guests and two in crew.’’ U.S. DOT Dockets, Room PL–401, vessels. If MARAD determines, in Geographic Region: Northeast U.S.— Department of Transportation, 400 7th accordance with Pub. L. 105–383 and MARAD’s regulations at 46 CFR part Massachusetts, Rhode Island, St., SW., Washington, DC 20590–0001. 388 (68 FR 23084; April 30, 2003), that Connecticut, New York/New Jersey You may also send comments the issuance of the waiver will have an waters, Chesapeake Bay area—Delaware, electronically via the Internet at http:// unduly adverse effect on a U.S.-vessel Maryland, Virginia. dmses.dot.gov/submit/. All comments builder or a business that uses U.S.-flag Dated: June 17, 2005. will become part of this docket and will vessels in that business, a waiver will By order of the Maritime Administrator. be available for inspection and copying not be granted. Comments should refer at the above address between 10 a.m. Joel C. Richard, to the docket number of this notice and and 5 p.m., E.T., Monday through Secretary, Maritime Administration. the vessel name in order for MARAD to Friday, except Federal holidays. An [FR Doc. 05–12551 Filed 6–23–05; 8:45 am] properly consider the comments. electronic version of this document and BILLING CODE 4910–81–P Comments should also state the all documents entered into this docket commenter’s interest in the waiver is available on the World Wide Web at application, and address the waiver DEPARTMENT OF TRANSPORTATION http://dms.dot.gov. criteria given in § 388.4 of MARAD’s FOR FURTHER INFORMATION CONTACT: regulations at 46 CFR part 388. Maritime Administration Sharon Cassidy, U.S. Department of DATES: Submit comments on or before [Docket Number 2005 21648] Transportation, Maritime July 25, 2005. Administration, MAR–830 Room 7201, ADDRESSES: Comments should refer to Requested Administrative Waiver of 400 Seventh Street, SW., Washington, docket number MARAD–2005–21643. the Coastwise Trade Laws DC 20590. Telephone 202–366–5506. Written comments may be submitted by AGENCY: Maritime Administration, SUPPLEMENTARY INFORMATION: As hand or by mail to the Docket Clerk, Department of Transportation. described by the applicant the intended U.S. DOT Dockets, Room PL–401, ACTION: Invitation for public comments service of the vessel EXPLORER is: Department of Transportation, 400 7th on a requested administrative waiver of Intended Use: ‘‘We would like to St., SW., Washington, DC 20590–0001. the Coastwise Trade Laws for the vessel charter our vessel with a crew of a You may also send comments EXPLORER. captain known to us for cruising in electronically via the Internet at http:// Washington and Canada. Expected dmses.dot.gov/submit/. All comments SUMMARY: As authorized by Pub. L. 105– number of guests is between 2 and 5.’’ will become part of this docket and will 383 and Pub. L. 107–295, the Secretary Geographic Region: Washington State. be available for inspection and copying of Transportation, as represented by the at the above address between 10 a.m. Dated: June 17, 2005. Maritime Administration (MARAD), is and 5 p.m., e.t., Monday through Friday, authorized to grant waivers of the U.S.- By order of the Maritime Administrator. except federal holidays. An electronic build requirement of the coastwise laws Joel C. Richard, version of this document and all under certain circumstances. A request Secretary, Maritime Administration. documents entered into this docket is for such a waiver has been received by [FR Doc. 05–12553 Filed 6–23–05; 8:45 am] available on the World Wide Web at MARAD. The vessel, and a brief BILLING CODE 4910–81–P http://dms.dot.gov.

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FOR FURTHER INFORMATION CONTACT: DATES: Submit comments on or before under certain circumstances. A request Joann Spittle, U.S. Department of July 25, 2005. for such a waiver has been received by Transportation, Maritime ADDRESSES: Comments should refer to MARAD. The vessel, and a brief Administration, MAR–830 Room 7201, docket number MARAD–2005 21644. description of the proposed service, is 400 Seventh Street, SW., Washington, Written comments may be submitted by listed below. The complete application DC 20590. Telephone 202–366–5979. hand or by mail to the Docket Clerk, is given in DOT docket 2005–21642 at SUPPLEMENTARY INFORMATION: As U.S. DOT Dockets, Room PL–401, http://dms.dot.gov. Interested parties described by the applicant the intended Department of Transportation, 400 7th may comment on the effect this action service of the vessel NSS PATTAM is: St., SW., Washington, DC 20590–0001. may have on U.S. vessel builders or Intended Use: ‘‘Passenger charters.’’ You may also send comments businesses in the U.S. that use U.S.-flag Geographic Region: New England, NY electronically via the Internet at http:// vessels. If MARAD determines, in State, New Jersey, Florida. dmses.dot.gov/submit/. All comments accordance with Pub. L. 105–383 and Dated: June 17, 2005. will become part of this docket and will MARAD’s regulations at 46 CFR part By order of the Maritime Administrator. be available for inspection and copying 388 (68 FR 23084; April 30, 2003), that at the above address between 10 a.m. Joel C. Richard, the issuance of the waiver will have an and 5 p.m., e.t., Monday through Friday, unduly adverse effect on a U.S.-vessel Secretary, Maritime Administration. except Federal holidays. An electronic builder or a business that uses U.S.-flag [FR Doc. 05–12548 Filed 6–23–05; 8:45 am] version of this document and all BILLING CODE 4910–81–P documents entered into this docket is vessels in that business, a waiver will available on the World Wide Web at not be granted. Comments should refer http://dms.dot.gov. to the docket number of this notice and DEPARTMENT OF TRANSPORTATION the vessel name in order for MARAD to FOR FURTHER INFORMATION CONTACT: properly consider the comments. Maritime Administration Joann Spittle, U.S. Department of Transportation, Maritime Comments should also state the [Docket Number 2005 21644] Administration, MAR–830 Room 7201, commenter’s interest in the waiver 400 Seventh Street, SW., Washington, application, and address the waiver Requested Administrative Waiver of DC 20590. Telephone 202–366–5979. criteria given in § 388.4 of MARAD’s the Coastwise Trade Laws SUPPLEMENTARY INFORMATION: As regulations at 46 CFR part 388. AGENCY: Maritime Administration, described by the applicant the intended DATES: Submit comments on or before Department of Transportation. service of the vessel PROMISE is: July 25, 2005. ACTION: Invitation for public comments Intended Use: ‘‘To carry passengers on a requested administrative waiver of for hire. Soliciting day sails, sunset ADDRESSES: Comments should refer to the Coastwise Trade Laws for the vessel cruises, dinner cruises, (one) 1 to docket number MARAD–2005–21642. PROMISE. (seven) 7 day voyages and (one) 1 to Written comments may be submitted by (five) 5 week voyages.’’ hand or by mail to the Docket Clerk, SUMMARY: As authorized by Pub. L. 105– Geographic Region: Inland, near U.S. DOT Dockets, Room PL–401, 383 and Pub. L. 107–295, the Secretary coastal and ocean. Inclusive of Department of Transportation, 400 7th of Transportation, as represented by the Washington State, Oregon, California, St., SW., Washington, DC 20590–0001. Maritime Administration (MARAD), is Texas, Louisiana and Florida. You may also send comments authorized to grant waivers of the U.S.- Dated: June 17, 2005. electronically via the Internet at http:// build requirement of the coastwise laws By order of the Maritime Administrator. dmses.dot.gov/submit/. All comments under certain circumstances. A request Joel C. Richard, will become part of this docket and will for such a waiver has been received by be available for inspection and copying MARAD. The vessel, and a brief Secretary, Maritime Administration. [FR Doc. 05–12549 Filed 6–23–05; 8:45 am] at the above address between 10 a.m. description of the proposed service, is and 5 p.m., e.t., Monday through Friday, listed below. The complete application BILLING CODE 4910–81–P except federal holidays. An electronic is given in DOT docket 2005–21644 at version of this document and all http://dms.dot.gov. Interested parties may comment on the effect this action DEPARTMENT OF TRANSPORTATION documents entered into this docket is available on the World Wide Web at may have on U.S. vessel builders or Maritime Administration businesses in the U.S. that use U.S.-flag http://dms.dot.gov. vessels. If MARAD determines, in [Docket Number 2005–21642] FOR FURTHER INFORMATION CONTACT: accordance with Pub. L. 105–383 and Joann Spittle, U.S. Department of MARAD’s regulations at 46 CFR part Requested Administrative Waiver of the Coastwise Trade Laws Transportation, Maritime 388 (68 FR 23084; April 30, 2003), that Administration, MAR–830 Room 7201, the issuance of the waiver will have an AGENCY: Maritime Administration, 400 Seventh Street, SW., Washington, unduly adverse effect on a U.S.-vessel Department of Transportation. DC 20590. Telephone 202–366–5979. builder or a business that uses U.S.-flag ACTION: Invitation for public comments SUPPLEMENTARY INFORMATION: As vessels in that business, a waiver will on a requested administrative waiver of described by the applicant the intended not be granted. Comments should refer the Coastwise Trade Laws for the vessel service of the vessel SEA FEVER is: to the docket number of this notice and SEA FEVER. the vessel name in order for MARAD to Intended Use: ‘‘Previously and properly consider the comments. SUMMARY: As authorized by Pub. L. 105– currently vessel has been used to lobster Comments should also state the 383 and Pub. L. 107–295, the Secretary fish for the past four years. Intend to use commenter’s interest in the waiver of Transportation, as represented by the vessel for six pack charters.’’ application, and address the waiver Maritime Administration (MARAD), is criteria given in § 388.4 of MARAD’s authorized to grant waivers of the U.S.- Geographic Region: New England. regulations at 46 CFR part 388. build requirement of the coastwise laws Dated: June 17, 2005.

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By order of the Maritime Administrator. be available for inspection and copying The transaction was scheduled to be Joel C. Richard, at the above address between 10 a.m. consummated on or after June 1, 2005, Secretary, Maritime Administration. and 5 p.m., E.T., Monday through the effective date of the exemption (7 [FR Doc. 05–12546 Filed 6–23–05; 8:45 am] Friday, except Federal holidays. An days after the notice was filed). GWI directly or indirectly controls BILLING CODE 4910–81–P electronic version of this document and all documents entered into this docket Buffalo & Pittsburgh Railroad, Inc. is available on the World Wide Web at (BPRR), 3 a Class II rail carrier operating DEPARTMENT OF TRANSPORTATION http://dms.dot.gov. in New York and Pennsylvania, and the FOR FURTHER INFORMATION CONTACT: following 23 Class III rail carriers: Maritime Administration Joann Spittle, U.S. Department of Arkansas, Louisiana & Mississippi Railroad Company, operating in [Docket Number 2005 21647] Transportation, Maritime Administration, MAR–830 Room 7201, Arkansas and Louisiana; Chattahoochee Requested Administrative Waiver of 400 Seventh Street, SW., Washington, Industrial Railroad, operating in the Coastwise Trade Laws DC 20590. Telephone 202–366–5979. Georgia; Commonwealth Railway, Inc., operating in Virginia; Corpus Christi SUPPLEMENTARY INFORMATION: As AGENCY: Maritime Administration, Terminal Railroad, Inc., operating in described by the applicant the intended Department of Transportation. Texas; Dansville and Mount Morris service of the vessel VALHALLA is: ACTION: Invitation for public comments Railroad Company, operating in New Intended Use: ‘‘12 Passenger Charter.’’ York; First Coast Railroad, Inc., on a requested administrative waiver of Geographic Region: Hawaii USA. the Coastwise Trade Laws for the vessel operating in Florida and Georgia; VALHALLA. Dated: June 17, 2005. Fordyce & Princeton Railroad Company, By order of the Maritime Administrator. operating in Arkansas; Genesee & SUMMARY: As authorized by Pub. L. 105– Joel C. Richard, Wyoming Railroad Company, Inc., 383 and Pub. L. 107–295, the Secretary Secretary, Maritime Administration. operating in New York; Golden Isles of Transportation, as represented by the [FR Doc. 05–12552 Filed 6–23–05; 8:45 am] Terminal Railroad, Inc., operating in Maritime Administration (MARAD), is BILLING CODE 4910–81–P Georgia; Illinois & Midland Railroad, authorized to grant waivers of the U.S.- Inc., operating in Illinois; Louisiana & build requirement of the coastwise laws Delta Railroad, Inc., operating in under certain circumstances. A request DEPARTMENT OF TRANSPORTATION Louisiana; Portland & Western Railroad, for such a waiver has been received by Inc., operating in Oregon; Rochester & MARAD. The vessel, and a brief Surface Transportation Board Southern Railroad, Inc., operating in description of the proposed service, is New York; Salt Lake City Southern [STB Finance Docket No. 34708] listed below. The complete application Railroad Company, operating in Utah; is given in DOT docket 2005–21647 at Genesee & Wyoming Inc., RP Savannah Port Terminal Railroad, Inc., http://dms.dot.gov. Interested parties Acquisition Company One and RP operating in Georgia; South Buffalo may comment on the effect this action Acquisition Company Two—Control Railway Company, operating in New may have on U.S. vessel builders or Exemption—Rail Partners, L.P., AN York; St. Lawrence & Atlantic Railroad businesses in the U.S. that use U.S.-flag Railway, et al., Atlantic & Western Company, operating in Vermont, New vessels. If MARAD determines, in Railway, et al., and KWT Railway, Inc. Hampshire, and Maine; St. Lawrence & accordance with Pub. L. 105–383 and Atlantic Railroad (Quebec), Inc., MARAD’s regulations at 46 CFR part Genesee & Wyoming Inc. (GWI), a operating in Vermont; Talleyrand 388 (68 FR 23084; April 30, 2003), that noncarrier holding company, and RP Terminal Railroad, Inc., operating in the issuance of the waiver will have an Acquisition Company One (RP 1) and Florida; Tazewell & Peoria Railroad, unduly adverse effect on a U.S.-vessel RP Acquisition Company Two (RP 2), Inc., operating in Illinois; Utah Railway builder or a business that uses U.S.-flag newly created noncarrier holding Company, operating in Colorado and vessels in that business, a waiver will companies which are wholly owned by Utah; Willamette & Pacific Railroad, not be granted. Comments should refer GWI (collectively, applicants), have Inc., operating in Oregon; and York to the docket number of this notice and filed a notice of exemption to permit: (1) Railway Company (York),4 operating in the vessel name in order for MARAD to GWI and RP 1 to acquire control of Rail Pennsylvania (collectively, Affiliates). properly consider the comments. Partners, L.P., and eight Class III rail Rail Partners, L.P., a noncarrier Comments should also state the carriers formed as limited partnerships;1 limited partnership, currently holds all commenter’s interest in the waiver and (2) GWI and RP 2 to acquire control non-managing membership interests or application, and address the waiver of Rail Partners, L.P., KWT Railway, all limited partnership interests (as criteria given in § 388.4 of MARAD’s Inc., a Class III rail carrier corporation, applicable) in each of the AN Railway, regulations at 46 CFR part 388. and five Class III rail carriers organized et al. group and the Atlantic & Western 2 DATES: Submit comments on or before as limited liability companies. Railway, et al. group. Under the July 25, 2005. proposed transaction, RP 1 will acquire 1 The limited partnership Class III rail carriers the entire general partnership interest of ADDRESSES: Comments should refer to are: Atlantic & Western Railway, Limited Rail Partners, L.P., and the entire docket number MARAD 2005 21467. Partnership; East Tennessee Railway, L.P.; general partnership interest of each rail Written comments may be submitted by Galveston Railroad, L.P.; Georgia Central Railway, hand or by mail to the Docket Clerk, L.P.; Little Rock & Western Railway, L.P.; Tomahawk Railway, Limited Partnership; Valdosta 3 GWI also has control over Allegheny & Eastern, U.S. DOT Dockets, Room PL–401, Railway, L.P.; and Wilmington Terminal Railroad, L.L.C. and Pittsburgh & Shawmut Railroad, L.L.C., Department of Transportation, 400 7th Limited Partnership (collectively, Atlantic & two non-operating Class III rail carriers that St., SW., Washington, DC 20590–0001. Western Railway, et al. group). separately hold certain rail assets over which BPRR You may also send comments 2 The limited liability companies are: AN operates. Railway, L.L.C.; The Bay Line Railroad, L.L.C.; M&B 4 GWI also has control over Maryland and electronically via the Internet at http:// Railroad, L.L.C.; Riceboro Southern Railway, LLC; Pennsylvania, L.L.C., and Yorkrail, L.L.C., two non- dmses.dot.gov/submit/. All comments and Western Kentucky Railway, L.L.C. (collectively, operating Class III rail carriers that separately hold will become part of this docket and will AN Railway, et al. group). the rail assets over which York operates.

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carrier identified in the Atlantic & DEPARTMENT OF TRANSPORTATION conditions imposed in Norfolk and Western Railway, et al. group. RP 2 will Western Ry. Co.—Trackage Rights—BN, acquire 100% ownership of KWT Surface Transportation Board 354 I.C.C. 605 (1978), as modified in Railway, Inc., the entire limited [STB Finance Docket No. 34709] Mendocino Coast Ry., Inc.—Lease and partnership interest of Rail Partners, Operate, 360 I.C.C. 653 (1980). L.P., and the entire managing member Soo Line Railroad Company— This notice is filed under 49 CFR interest of each rail carrier identified in Trackage Rights Exemption—Norfolk 1180.2(d)(7). If it contains false or the AN Railway, et al. group. Southern Railway Company misleading information, the exemption is void ab initio. Petitions to revoke the GWI states: (1) That neither the KWT Pursuant to a trackage rights exemption under 49 U.S.C. 10502(d) Railway, Inc. carriers in the AN agreement dated May 25, 2005, between may be filed at any time. The filing of Railway, et al. group nor the carriers in Soo Line Railroad Company (Soo Line) a petition to revoke will not the Atlantic & Western, et al. group and Norfolk Southern Railway Company automatically stay the transaction. (collectively, Acquired Railroads) will (NSR), 1 NSR has agreed to grant Soo An original and 10 copies of all connect with any of the Affiliates; (2) Line overhead trackage rights over the pleadings, referring to STB Finance that the control transaction is not part following segments: (1) Between Delray Docket No. 34709, must be filed with of a series of anticipated transactions Interlocking in Detroit, MI, at milepost the Surface Transportation Board, 1925 ± that would connect any of the Acquired 4.4 of the Detroit District, and the K Street, NW., Washington, DC 20423– Railroads with the Affiliates; and (3) point of connection of the new 1,982 0001. In addition, a copy of each foot long Butler Connecting Track at pleading must be served on Terence M. that no Class I railroad is involved in ± the control transaction. Therefore, the milepost D113.65 of NSR’s Hynes, Sidley Austin Brown & Wood control transaction is exempt from the Huntingdon District Line; (2) between LLP, 1501 K Street, NW., Washington, the point of connection of the Butler DC 20005. prior approval requirements of 49 U.S.C. Connecting Track at milepost D113.65 ± Board decisions and notices are 11323. See 49 CFR 1180.2(d)(2). of NSR’s Huntingdon District Line and available on our Web site at http:// Under 49 U.S.C. 10502(g), the Board the point of connection of the Butler www.stb.dot.gov. may not use its exemption authority to Connecting Track with NSR’s Chicago Decided: June 21, 2005. ± relieve a rail carrier of its statutory Line at milepost CD358.56 ; and (3) By the Board, David M. Konschnik, obligation to protect the interests of its between the point of connection of the Director, Office of Proceedings. employees. Because the transaction Butler Connecting Track with NSR’s Vernon A. Williams, ± involves at least one Class II and one or Chicago Line at milepost CD358.56 , Secretary. more Class III rail carriers, the and one of the following two points in [FR Doc. 05–12569 Filed 6–23–05; 8:45 am] Chicago, IL: (a) CP–502 at milepost exemption is subject to the labor BILLING CODE 4915–01–P protection requirements of 49 U.S.C. 502.8 ± and (b) CP 509 at milepost 509.7 11326(b). ±, a total distance of 253.9 miles (in the case of CP–502) and 260.8 miles (in the If the verified notice contains false or DEPARTMENT OF TRANSPORTATION case of CP–509). misleading information, the exemption The three segments are non-separable Surface Transportation Board is void ab initio. Petitions to revoke the portions of a single unified route over [STB Docket No. AB–441 (Sub–No. 4X)] exemption under 49 U.S.C. 10502(d) which Soo Line will operate under the may be filed at any time. The filing of trackage rights. Whether Soo Line trains San Pedro Railroad Operating a petition to revoke will not will operate over the route via CP–502 Company, LLC—Abandonment automatically stay the transaction. or via CP–509 will be determined, on a Exemption—in Cochise County, AZ An original and 10 copies of all train-by-train basis, pursuant to the pleadings, referring to STB Finance procedures and protocols set forth in the On June 6, 2005, San Pedro Railroad 1 Docket No. 34708, must be filed with trackage rights agreement. Operating Company, LLC (SPROC) the Surface Transportation Board, 1925 Soo Line states that the trackage rights filed with the Surface Transportation K Street, NW., Washington, DC 20423– will be effective on a date mutually Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 0001. In addition, a copy of each agreed to in writing between Soo Line U.S.C. 10903 to abandon approximately pleading must be served on Rose- and NSR, which shall not occur until the latest of (1) the date upon which 76.2 miles of railroad in Cochise Michele Nardi, Weiner Brodsky Sidman construction of the Butler Connecting County, AZ, as follows: (1) The Bisbee Kider PC, 1300 Nineteenth Street, NW., Track is completed; (2) the effective date Branch, between milepost 1085.0 at Fifth Floor, Washington, DC 20036– of any required Board authorization or Bisbee Junction and milepost 1090.6 at 1609. exemption of the trackage rights Bisbee, a distance of 5.6 miles; and (2) Board decisions and notices are (including compliance with any the Douglas Branch (a) between available on our Web site at http:// condition(s) imposed by the Board); and milepost 1097.3 near Paul Spur and www.stb.dot.gov. (3) the expiration of any required labor milepost 1106.5 near Douglas, a distance of 9.2 miles, (b) between Decided: June 20, 2005. notices. As a condition to this exemption, any milepost 1055.8 near Charleston and By the Board, David M. Konschnik, employees affected by the trackage milepost 1097.3 near Paul Spur, a Director, Office of Proceedings. rights will be protected by the distance of 41.5 miles, and (c) between Vernon A. Williams, milepost 1040.15 near Curtiss and Secretary. 1 A redacted version of the trackage rights milepost 1055.8 near Charleston, a [FR Doc. 05–12491 Filed 6–23–05; 8:45 am] agreement between NSR and Soo Line was filed distance of 19.9 miles. The lines with the notice of exemption. The full version of BILLING CODE 4915–01–P the agreement, as required by 49 CFR traverse U.S. Postal Service ZIP Codes 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. A 1 SPROC is a wholly owned subsidiary of Arizona protective order was served on June 21, 2005. Rail Group.

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85602, 85603, 85607, and 85615 and issues may be directed to the Board’s Treasury, Room 11000, 1750 include no stations. Section of Environmental Analysis Pennsylvania Avenue, NW., The lines do not contain federally (SEA) at (202) 565–1539. (Assistance for Washington, DC 20220. granted rights-of-way. Any the hearing impaired is available DATES: Written comments should be documentation in SPROC’s possession through the Federal Information Relay received on or before July 25, 2005 to be will be made available promptly to Service (FIRS) at 1–800–877–8339.) assured of consideration. those requesting it. An environmental assessment (EA) (or The interest of railroad employees environmental impact statement (EIS), if Internal Revenue Service (IRS) will be protected by the conditions set necessary) prepared by SEA will be OMB Number: 1545–1110. forth in Oregon Short Line R. Co.— served upon all parties of record and Form Number: IRS Form 940-EZ. Abandonment—Goshen, 360 I.C.C. 91 upon any agencies or other persons who Type of Review: Extension. (1979). commented during its preparation. Title: Employer’s Annual Federal By issuance of this notice, the Board Other interested persons may contact Unemployment (FUTA) Tax Return. is instituting an exemption proceeding SEA to obtain a copy of the EA (or EIS). Description: Form 4563 is a simplified pursuant to 49 U.S.C. 10502(b). A final EAs in these abandonment proceedings form that most employers with decision will be issued by September normally will be made available within uncomplicated tax situations (e.g., only 23, 2005. 60 days of the filing of the petition. The paying unemployment contributions to Any offer of financial assistance deadline for submission of comments on one state and paying them on time) can (OFA) under 49 CFR 1152.27(b)(2) will the EA will generally be within 30 days use to pay their FUTA tax. Most small be due no later than 10 days after of its service. businesses and household employers service of a decision granting the Board decisions and notices are use the form. petition for exemption. Each offer must available on our Web site at http:// Respondents: Business and other for- be accompanied by a $1,200 filing fee. www.stb.dot.gov. See 49 CFR 1002.2(f)(25). profit, Individuals or households, Decided: June 16, 2005. Farms. All interested persons should be By the Board, David M. Konschnik, aware that, following abandonment of Estimated Number of Respondents/ Director, Office of Proceedings. Recordkeepers: 4,089,000. rail service and salvage of the line, the Vernon A. Williams, line may be suitable for other public Estimated Burden Hours Respondent/ Secretary. use, including interim trail use. Any Recordkeeper: request for a public use condition under [FR Doc. 05–12383 Filed 6–23–05; 8:45 am] Recordkeeping—7 hrs., 8 min. 49 CFR 1152.28 or for trail use/rail BILLING CODE 4915–01–P Learning about the law or the form—1 banking under 49 CFR 1152.29 will be hr., 5 min. due no later than July 14, 2005. Each Preparing and sending the form to the trail use request must be accompanied DEPARTMENT OF THE TREASURY IRS—1 hr., 5 min. by a $200 filing fee. See 49 CFR Frequency of Response: Annually. Submission for OMB Review; 1002.2(f)(27). Comment Request Estimated Total Reporting/ All filings in response to this notice Recordkeeping Burden: 36,162,483 must refer to STB Docket No. AB–441 June 17, 2005. hours. (Sub-No. 4X), and must be sent to: (1) Clearance Officer: Glenn P. Kirkland Surface Transportation Board, 1925 K The Department of Treasury has (202) 622–3428, Internal Revenue Street, NW., Washington, DC 20423– submitted the following public Service, Room 6516, 1111 Constitution 0001, and (2) John D. Heffner, 1920 N information collection requirement(s) to Avenue, NW., Washington, DC 20224. Street, NW., Suite 800, Washington, DC OMB for review and clearance under the OMB Reviewer: Alexander T. Hunt 20036. Replies to SPROC’s petition are Paperwork Reduction Act of 1995, (202) 395–7316, Office of Management due on or before July 14, 2005. Public Law 104–13. Copies of the and Budget, Room 10235, New Persons seeking further information submission(s) may be obtained by Executive Office Building, Washington, concerning abandonment procedures calling the Treasury Bureau Clearance DC 20503. may contact the Board’s Office of Public Officer listed. Comments regarding this Services at (202) 565–1592 or refer to information collection should be Lois K. Holland, the full abandonment or discontinuance addressed to the OMB reviewer listed Treasury PRA Clearance Officer. regulations at 49 CFR part 1152. and to the Treasury Department [FR Doc. 05–12533 Filed 6–23–05; 8:45 am] Questions concerning environmental Clearance Officer, Department of the BILLING CODE 4830–01–P

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Part II

Millennium Challenge Corporation Notice of Entering Into a Compact With the Government of Honduras; Notice

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MILLENNIUM CHALLENGE SUMMARY: In accordance with Section Honduras. Representatives of the United CORPORATION 610(b)(2) of the Millennium Challenge States Government and the Republic of [MCC FR 05–08] Act of 2003 (Pub. L. 108–199, Division Honduras executed the Compact D), the Millennium Challenge documents on June 13, 2005. Notice of Entering Into a Compact With Corporation is publishing a detailed Dated: June 17, 2005. summary and text of the Millennium the Government of Honduras Maura E. Griffin, Challenge Compact between the United AGENCY: Millennium Challenge States of America, acting through the Acting General Counsel, Millennium Corporation. Challenge Corporation. Millennium Challenge Corporation, and ACTION: BILLING CODE 9210–01–P Notice. the Government of the Republic of

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[FR Doc. 05–12495 Filed 6–23–05; 8:45 am] BILLING CODE 9210–01–C

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Part III

Department of Housing and Urban Development 24 CFR Part 2004 Office of Inspector General (OIG) Subpoenas and Production in Response to Subpoenas or Demands of Courts or Other Authorities; Final Rule

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DEPARTMENT OF HOUSING AND Section 2004.21 identifies the factors If the party or person is not satisfied URBAN DEVELOPMENT that the OIG will consider in making with the OIG’s decision, the party or determinations in response to requests person may seek judicial review. 24 CFR Part 2004 for OIG documents or testimony, and However, as noted in the current [Docket No. FR–4942–F–02] § 2004.25 provides that the Counsel’s regulations, if the Counsel declines to decision is the final determination on approve a demand for records or RIN 2508–AA14 demands and requests of OIG employees testimony, and a court or other authority for the production of official records rules that the demand must be complied Office of Inspector General (OIG) and information or testimony. with regardless of OIG instructions not Subpoenas and Production in to release the material or information Response to Subpoenas or Demands After request or demand of documents sought, the OIG employee or former OIG of Courts or Other Authorities or testimony, the Counsel will review the demand and determine whether the employee upon whom the demand has AGENCY: Office of Inspector General, OIG employee is authorized to release been made shall respectfully decline to HUD. documents or testify. The Counsel will comply with the demand. ACTION: Final rule. notify the requester of the final This rule amendment sets forth a determination and the reasons for the review process where Counsel can SUMMARY: On December 7, 2004, HUD grant or denial of the request. thoroughly and timely consider the published a proposed rule proposing to On December 7, 2004 (69 FR 70868), party’s or person’s petition prior to amend HUD’s Office of Inspector HUD published a proposed rule issuing a final decision on the release of General’s (OIG’s) regulations to provide proposing to amend 24 CFR part 2004 documents or testimony. an appellate review procedure regarding to provide for an appellate review III. Findings and Certifications the OIG’s responses to subpoenas issued process regarding the Counsel’s to OIG employees requesting documents responses to subpoenas issued to OIG Paperwork Reduction Act or testimony in legal proceedings where employees in legal proceedings where The information collection the OIG is not a party. The the OIG is not a party. establishment of an appellate requirements contained in this rule have proceeding is designed to ensure both a II. This Final Rule been submitted to the Office of thorough review process by the OIG and Management and Budget (OMB) for This final rule follows publication of review under the Paperwork Reduction a complete opportunity for a party or the December 7, 2004, proposed rule. person to take formal exception to the Act of 1995 (44 U.S.C. 3501–3520). The The proposed rule provided for a 60-day OMB control number, when assigned, OIG’s determination. This final rule comment period. The comment period follows publication of the December 7, will be published in a separate notice. for the proposed rule closed on Under this Act, an agency may not 2004, proposed rule. HUD did not February 7, 2005. HUD did not receive receive any public comments on the conduct or sponsor, and a person is not any public comments on the proposed required to respond to, a collection of proposed rule and, therefore, is rule. Accordingly, this final rule adopts adopting the proposed rule without information unless the collection the proposed rule without change. displays a valid control number. change. As the current regulations are written, DATES: Effective Date: July 25, 2005. no review process exists for unfavorable Regulatory Flexibility Act FOR FURTHER INFORMATION CONTACT: decisions made by the Counsel. Once The Regulatory Flexibility Act (RFA) Bryan Saddler, Counsel to the Inspector the Counsel makes a determination (5 U.S.C. 601 et seq.), generally requires General, Department of Housing and denying a request for documents or an agency to conduct a regulatory Urban Development, 451 Seventh Street, testimony, or restricting the release of flexibility analysis of any rule subject to SW., Room 8260, Washington, DC documents or testimony, the decision is notice and comment rulemaking 20410–4500; telephone (202) 708–1613 final. This final rule addresses the need requirements unless the agency certifies (this is not a toll-free number). Persons for a review process by amending 24 that the rule will not have a significant with hearing or speech impairments CFR part 2004 to provide for an economic impact on a substantial may access this number through TTY by appellate review process regarding the number of small entities. This final rule calling the toll-free Federal Information Counsel’s responses to subpoenas will provide those persons aggrieved by Relay Service at (800) 877–8339. issued to OIG employees in legal an OIG decision denying a request for SUPPLEMENTARY INFORMATION: proceedings where the OIG is not a production of documents or testimony party. the opportunity to seek review of the I. Background When a party or any person is decision. This final rule will impose no The regulations regarding requests of aggrieved by the Counsel’s decision additional economic or other burdens. HUD’s Office of Inspector General (OIG) denying a request for documents or Rather, this rule provides small entities employees for testimony and production testimony, that party or person may seek with the benefit of a review process for of documents are located at 24 CFR part review of the decision by filing a written unfavorable OIG decisions. Therefore, 2004. Under § 2004.20, no OIG Notice of Intention to Petition for the undersigned certifies that this final employee may produce official records Review (Notice). After filing this Notice, rule will not have a significant or provide any testimony relating to the party or person must also file a economic impact on a substantial official information in response to a Petition for Review (Petition) detailing number of small entities. demand or request without the prior the issues and reasons why a review of written approval of the Inspector the Counsel’s decision is appropriate. Environmental Impact General (IG) or the Counsel for Inspector All filings must be served on the In accordance with 24 CFR 50.19(c)(1) General (Counsel). The IG has delegated Counsel in accordance with § 2004.23. of the Department’s regulations, this the authority to respond to requests and Either the Counsel or the IG will review final rule does not direct, provide for demands for production of OIG records the Petition, and the decision on the assistance or loan and mortgage and testimony of OIG employees to the Petition will become the final decision insurance for, or otherwise govern or Counsel. of the OIG. regulate, real property acquisition,

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disposition, leasing, rehabilitation, I For the reasons stated in the preamble, decision by filing a written Notice of alteration, demolition, or new HUD amends 24 CFR part 2004 as Intention to Petition for Review (Notice) construction, or establish, revise, or follows: within five business days of the date of provide for standards for construction or this decision. The Notice shall identify construction materials, manufactured PART 2004—SUBPOENAS AND the petitioner, the adverse decision, and PRODUCTION IN RESPONSE TO housing, or occupancy. Therefore, this any dates (such as deposition, hearing, final rule is categorically excluded from SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES or court dates) that are significant to the the requirements of the National party. The Notice shall be served in Environmental Policy Act (42 U.S.C. I 1. The authority citation for 24 CFR accordance with § 2004.23. 4321 et seq.). part 2004 continues to read as follows: (2) Petition for review. Within five Unfunded Mandates Reform Act Authority: Inspector General Act of 1978, business days of the filing of a Notice, Title II of the Unfunded Mandates as amended (5 U.S.C. app.) and 42 U.S.C. the person or party seeking review shall 3535(d). Reform Act of 1995 (UMRA) (2 U.S.C. file a Petition for Review (Petition) 1531–1538) establishes requirements for I 2. Revise § 2004.28 to read as follows: containing a clear and concise statement federal agencies to assess the effects of of the issues to be reviewed and the their regulatory actions on State, local, § 2004.28 Procedure in the event of an adverse ruling. reasons why the review is appropriate. and tribal governments and the private The petition shall include exceptions to (a) Opportunity to review adverse sector. This final rule does not impose any findings of fact or conclusions of any federal mandates on any State, ruling. Any person aggrieved by a decision made by the Counsel under law made, together with supporting local, or tribal government or the private reasons and arguments for such sector within the meaning of UMRA. this part denying a request for documents or testimony, or restricting exceptions based on appropriate Executive Order 13132, Federalism the release of documents or testimony, citations to such record or law as may Executive Order 13132 (entitled may seek review of that decision exist. These reasons may be stated in ‘‘Federalism’’) prohibits, to the extent pursuant to paragraph (c) of this section. summary form. Decisions on the practicable and permitted by law, an (b) Procedure in the event of Petition may be made by either the agency from publishing any rule that conflicting court order. If the Inspector Inspector General or the Counsel and has federalism implications and either General or Counsel declines to approve shall become the final decisions of the imposes substantial direct compliance a demand for records or testimony and OIG. The Petition will be served in costs on State and local governments a court or other authority rules that the accordance with § 2004.23. demand must be complied with and is not required by statute, or the (d) Prerequisite to judicial review. irrespective of the instructions from the rule preempts State law, unless the Pursuant to Section 704 of the agency meets the consultation and OIG not to produce the material or Administrative Procedure Act, 5 U.S.C. funding requirements of section 6 of the disclose the information sought, the 704, a petition to the agency for review Executive Order. This rule does not employee or former employee upon have federalism implications and does whom the demand has been made shall of a decision made under the authority not impose substantial direct respectfully decline to comply with the of this part is a prerequisite to the compliance costs on State and local demand, citing United States ex rel. seeking of judicial review of the final governments or preempt State law Touhy v. Ragen, 340 U.S. 462 (1951). decision. within the meaning of the Executive (c) Procedure. (1) Notice of intention Dated: April 6, 2005. to petition for review. A party or any Order. Kenneth M. Donohue, Sr., person aggrieved by the decision made List of Subjects in 24 CFR Part 2004 pursuant to this part denying or Inspector General. Administrative practice and restricting the release of documents or [FR Doc. 05–12477 Filed 6–23–05; 8:45 am] procedure, Courts. testimony may seek review of the BILLING CODE 4210–78–P

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Part IV

Department of the Interior Fish and Wildlife Service

50 CFR Part 20 Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations for the 2005–06 Hunting Season; Notice of Meetings; Proposed Rule

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DEPARTMENT OF THE INTERIOR Management, U.S. Fish and Wildlife Announcement of Flyway Council Service, Department of the Interior, MS Meetings Fish and Wildlife Service MBSP–4107–ARLSQ, 1849 C Street, Service representatives will be NW., Washington, DC 20240, (703) 358– present at the individual meetings of the 50 CFR Part 20 1714. four Flyway Councils this July. RIN 1018–AT76 SUPPLEMENTARY INFORMATION: Although agendas are not yet available, these meetings usually commence at 8 Migratory Bird Hunting; Supplemental Regulations Schedule for 2005 a.m. on the days indicated. Proposals for Migratory Game Bird Atlantic Flyway Council: July 24–25, Hunting Regulations for the 2005–06 On April 6, 2005, we published in the Regency and Harborside Hotels, Bar Hunting Season; Notice of Meetings Federal Register (70 FR 17574) a Harbor, Maine. proposal to amend 50 CFR part 20. The Mississippi Flyway Council: July 23– AGENCY: Fish and Wildlife Service, proposal provided a background and 24, The Grand Casino, Tunica, Interior. overview of the migratory bird hunting Mississippi. ACTION: Proposed rule; supplemental. regulations process, and dealt with the Central Flyway Council: July 21–22, SUMMARY: The U.S. Fish and Wildlife establishment of seasons, limits, and Radisson Hotel and Suites, Helena, Service (hereinafter, Service or we) other regulations for hunting migratory Montana. proposed in an earlier document to game birds under §§ 20.101 through Pacific Flyway Council: July 20, Utah establish annual hunting regulations for 20.107, 20.109, and 20.110 of subpart K. Division of Wildlife Resources, 1594 W. certain migratory game birds for the This document is the second in a series North Temple, Salt Lake City, Utah. 2005–06 hunting season. This of proposed, supplemental, and final Review of Public Comments rules for migratory game bird hunting supplement to the proposed rule This supplemental rulemaking provides the regulatory schedule; regulations. We will publish proposed early-season frameworks in early July describes Flyway Council recommended announces the Service Migratory Bird changes based on the preliminary Regulations Committee and Flyway and late-season frameworks in early August. We will publish final regulatory proposals published in the April 6, Council meetings; provides Flyway 2005, Federal Register. We have Council recommendations resulting frameworks for early seasons on or about August 20, 2005, and for late included only those recommendations from their March meetings; and requiring either new proposals or seasons on or about September 15, 2005. provides regulatory alternatives for the substantial modification of the 2005–06 duck hunting seasons. Service Migratory Bird Regulations preliminary proposals. This supplement DATES: The Service Migratory Bird Committee Meetings does not include recommendations that Regulations Committee will meet to simply support or oppose preliminary consider and develop proposed The Service Migratory Bird proposals and provide no recommended regulations for early-season migratory Regulations Committee will meet June alternatives. We will consider these bird hunting on June 22 and 23, 2005, 22–23, 2005, to review information on recommendations later in the and for late-season migratory bird the current status of migratory shore and regulations-development process. We hunting and the 2006 spring/summer upland game birds and develop 2005–06 will publish responses to all proposals migratory bird subsistence seasons in migratory game bird regulations and written comments when we Alaska on July 27 and 28, 2005. All recommendations for these species plus develop final frameworks. In addition, meetings will commence at regulations for migratory game birds in this supplemental rulemaking contains approximately 8:30 a.m. Following later Alaska, Puerto Rico, and the Virgin the regulatory alternatives for the 2005– Federal Register notices, you will be Islands. The Committee will also 06 duck hunting seasons. We have given an opportunity to submit develop regulations recommendations included all Flyway Council comments for proposed early-season for special September waterfowl seasons recommendations received relating to frameworks by July 30, 2005, and for in designated States, special sea duck the development of these alternatives. proposed late-season frameworks and seasons in the Atlantic Flyway, and We seek additional information and subsistence migratory bird seasons in extended falconry seasons. In addition, comments on the recommendations in Alaska by August 30, 2005. the Committee will review and discuss this supplemental proposed rule. New ADDRESSES: The Service Migratory Bird preliminary information on the status of proposals and modifications to Regulations Committee will meet in waterfowl. previously described proposals are room 200 of the U.S. Fish and Wildlife discussed below. Wherever possible, At the July 27–28, 2005, meetings, the Service’s Arlington Square Building, they are discussed under headings Committee will review information on 4401 N. Fairfax Drive, Arlington, corresponding to the numbered items the current status of waterfowl and Virginia. Send your comments on the identified in the April 6, 2005, proposed develop 2005–06 migratory game bird proposals to the Chief, Division of rule. Only those categories requiring regulations recommendations for regular Migratory Bird Management, U.S. Fish your attention or for which we received waterfowl seasons and other species and and Wildlife Service, Department of the Flyway Council recommendations are seasons not previously discussed at the Interior, MS MBSP–4107–ARLSQ, 1849 discussed below. C Street, NW., Washington, DC 20240. early-season meetings. In addition, the All comments received, including Committee will develop 1. Ducks names and addresses, will become part recommendations for the 2006 spring/ Categories used to discuss issues of the public record. You may inspect summer migratory bird subsistence related to duck harvest management are: comments during normal business season in Alaska. (A) General Harvest Strategy, (B) hours in room 4107, Arlington Square In accordance with Departmental Regulatory Alternatives, including Building, 4501 North Fairfax Drive, policy, these meetings are open to specification of framework dates, season Arlington, Virginia. public observation. You may submit length, and bag limits, (C) Zones and FOR FURTHER INFORMATION CONTACT: Ron written comments to the Service on the Split Seasons, and (D) Special Seasons/ W. Kokel, at: Division of Migratory Bird matters discussed. Species Management.

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A. General Harvest Strategy assessment capabilities, and that that States with existing grandfathered Council Recommendations: The hopefully could be embraced by all four status be allowed to retain that status. Flyways Councils. We appreciate the Upper- and Lower-Region Regulations D. Special Seasons/Species extensive discussion the report received Committees of the Mississippi Flyway Management Council recommended that regulations at the Flyway Council meetings in changes be restricted to one step per Arlington, Virginia in March 2005 and iii. Black Ducks year, both when restricting as well as look forward to continuing dialogue Council Recommendations: The liberalizing hunting regulations. concerning the future strategic course Atlantic Flyway Council requests the Service Response: Incorporation of a for AHM. Service, in cooperation with the one-step constraint into the Adaptive Among the most widely debated Atlantic and Mississippi Flyway Harvest Management (AHM) process issues now, as in the past, is the nature Councils, develop a process to stratify was addressed by the AHM Task Force of the regulatory alternatives. The Task black duck harvest using existing of the International Association of Fish Force recommended a simpler and more biological and harvest data to consider and Wildlife Agencies (IAFWA) in its conservative approach than is reflected differential regulations among the report and recommendations. This in the regulatory alternatives used since Mississippi Flyway and appropriate recommendation will be included in 1997, which are essentially those regions of the Atlantic Flyway for the considerations of potential changes to proposed by the Service for the 2005– 2005 regulatory cycle. the set of regulatory alternatives at a 06 hunting season (April 6 Federal Service Response: In 2003, we began later time. See also our response under Register). As yet, however, no working with the Atlantic Flyway B. Regulatory Alternatives. consensus has emerged among the Council and others to develop Flyway Councils concerning assessment methods that could be used B. Regulatory Alternatives modifications to the regulatory to better inform black duck harvest Council Recommendations: The alternatives, and it seems clear that no management in the United States. Our Atlantic Flyway Council recommended such consensus will be achieved in time goal is to assess the biological the use of the same regulatory to select a regulatory alternative for the implications of any proposed changes to alternatives for duck hunting seasons in 2005–06 hunting season. Therefore, the hunting regulations, as well as to 2005–06 as were used in 2004–05, regulatory alternatives proposed in the complement the ongoing effort to except that: (1) black duck bag limits April 6 Federal Register will be used for develop an international program for the should be specified as ‘‘To be the 2005–06 hunting season, with the adaptive management of black duck determined based on current status following exception. Beginning this harvests. The key components of the information’’; and (2) all possession year, the AHM regulatory alternatives assessment methods would be: (1) A limits should be increased to four times will consist only of the maximum determination of sustainable harvest the daily limit. season lengths, framework dates, and rates on a single, range-wide population The Upper- and Lower-Region bag limits for total ducks and mallards. of black ducks; and (2) a prediction of Regulations Committees of the Restrictions for certain species within changes in harvest rates accompanying Mississippi Flyway Council these frameworks that are not covered any regulatory proposals. The first task recommended that regulatory by existing harvest strategies, and the has largely been completed, but there alternatives for duck-hunting seasons request from the Central Flyway Council have been technical obstacles in remain the same as those used in 2004. concerning its desire to begin completing the second. We believe that The Central Flyway Council implementation of the ‘‘Hunters’ successful completion of this technical recommended that the Service adopt Choice’’ bag-limit experiment, will be work is a prerequisite to any effort to re- Adaptive Harvest Management (AHM) addressed during the late-season distribute the black duck harvest in the duck regulations packages and regulations process. For those species U.S. additional species/sex restrictions for with existing harvest strategies We also wish to reiterate our obligate the Central Flyway in 2005–2006 that (canvasbacks and pintails), the strategies focus on a single, range-wide population are the same as those used in the 2004– to be used for the 2005–06 hunting of black ducks due to the limitations of 2005 season, with the following season will be established during the current population monitoring exception: for pintails and canvasbacks, early-season regulations process. programs. Moreover, the extent to which hunting regulations can be stratified to regulations be implemented as C. Zones and Split Seasons described in their Hunter’s Choice account for spatial variation in the evaluation proposal (i.e., during 2005– Council Recommendations: The harvest potential of black ducks is likely 06, a 39-day season length concurrent Atlantic Flyway Council recommended limited due to the mixing of birds from with the regular season zones and splits, that the Service allow three zones, with various breeding areas during the one-bird daily bag limit for both two-way splits in each zone, as an hunting seasons in the U.S. We are species). additional option for duck season continuing to conduct technical Service Response: On March 11, 2005 configurations in 2006–2010. Guidelines assessment in cooperation with the the AHM Task Force submitted a draft for zone-split configurations should be Atlantic and Mississippi Flyway final report (http:// finalized by September 2005 so that Councils that should help address this migratorybirds.fws.gov/mgmt/ahm/ States have adequate opportunity to issue. taskforce/taskforce.htm) to the IAFWA consider possible changes for 2006. 4. Canada Geese Executive Committee concerning the The Upper-Region Regulations future development and direction of Committee of the Mississippi Flyway A. Special Seasons AHM. The Task Force endeavored to Council recommended that the Service Council Recommendations: The develop a strategic approach that was allow three zones, with two-way splits Atlantic Flyway Council recommended comprehensive and integrative, that in each zone, and four zones with no that Connecticut’s September goose recognized the diverse perspectives and splits, as additional options for duck season framework dates of 1 September desires of stakeholders, that was season configurations in 2006–2010. In to 30 September become operational. consistent with resource monitoring and addition, the Committee recommended The Council further recommended

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raising the possession limit of geese to framework of 107 days with a daily bag (3) The opening date of September 20 four times the daily bag limit, except limit of five white-fronted geese, except in the South Zone in Texas with the where currently more liberal. in the Western Goose Zone of Texas three zone option will remain The Central Flyway Council where the daily bag limit would be one unchanged. recommended that Oklahoma’s white-fronted goose. States could split The Council further recommends Experimental September Canada Goose the season once, and the possession adopting the document, Hunting Season become operational for limit would be twice the daily bag limit. ‘‘Implementation of Mourning Dove the time period beginning September National Strategic Harvest Management 16–25, beginning with the September 7. Snow and Ross’s (Light) Geese Plan.’’ The document provides guidance 2005 hunting season. Council Recommendations: The for addressing priority information The Pacific Flyway Council Atlantic Flyway Council recommended needs referenced in the ‘‘National recommended extending Idaho’s raising the possession limit of geese to Mourning Dove Strategic Harvest geographically limited September four times the daily bag limit, except Management Plan’’ (National Plan). season framework to a Statewide where currently more liberal. 17. White-Winged and White-Tipped framework. 9. Sandhill Cranes Doves B. Regular Seasons Council Recommendations: The Council Recommendations: The Council Recommendations: The Central Flyway Council recommended Central Flyway Council recommends Atlantic Flyway Council recommended using the 2005 Rocky Mountain the boundary for the White-winged raising the possession limit of geese to Population sandhill crane harvest Dove Area in Texas be extended to four times the daily bag limit, except allocation of 906 birds as proposed in include the area south and west of where currently more liberal. the allocation formula using the 2002– Interstate Highway 37 and U.S. Highway The Upper- and Lower-Region 2004 three-year running average. In 90 with an aggregate daily bag limit of Regulations Committees of the addition, the Council recommended no 12 doves, no more than 3 of which may Mississippi Flyway Council changes in the Mid-continent be mourning doves. All other recommended that the framework Population sandhill crane hunting regulations would remain unchanged. opening date for all species of geese for frameworks. the regular goose seasons be September 18. Alaska 16 in 2005 and future years. If this 16. Mourning Doves Council Recommendations: The recommendation is not approved, the Council Recommendations: The Pacific Flyway Council recommended Committees recommended that the Upper- and Lower-Region Regulations that the Canvasback Harvest Strategy framework opening date for all species Committees of the Mississippi Flyway include a statement to the effect that, of geese for the regular goose seasons in Council recommended that zoning ‘‘In general, Alaska may annually select Michigan and Wisconsin be September remain an option for States in their a canvasback season with limits of one 16, 2005. management of mourning dove harvest. daily, three in possession in lieu of The Council recommends the following annual prescriptions from this strategy. 5. White-Fronted Geese elements should be noted or made part In the event that the breeding Council Recommendations: The of any change in zoning policy by the population declines to a level that Atlantic Flyway Council recommended Service: indicates seasons will be closed for that the Service include white-fronted (1) There is no strong biological basis several years, the Service will consult geese as part of Canada goose hunting to establish a latitudinal line below with the Pacific Flyway Council to regulation frameworks in the Atlantic which zoning is mandatory in the decide whether Alaska seasons should Flyway to allow the legal take of this Eastern Management Unit; be closed.’’ The Council and Service species. (2) Use of September 20th as the should appreciate that if season closure The Upper- and Lower-Region earliest opening date for a South Zone decisions are made during the late Regulations Committees of the has no biological basis; and season process, Alaska will have to Mississippi Flyway Council (3) Limiting the frequency that a State implement regulation changes by recommended that the 2005–06 white- can select or change zoning options is emergency orders, which will conflict fronted goose regulations be consistent supported, but the time period between with widely distributed public with the ‘‘base’’ regulations in the changes should not exceed 5 years and regulations summaries produced in July. current White-fronted Goose States selecting zoning should be able to Further, the Council recommended Management Plan. This would result in revert back to a non-zoning option for removal of the Canada goose closure in regulations options of 72 days with two any remaining years left before zoning is the Aleutian Islands (Unit 10), reduction white-fronted geese per day or 86 days again a regulatory option. of dark goose limits in Units 18 and 9(E) with one white-fronted goose per day. The Central Flyway Council to four daily with no more than two Their recommendation is contingent recommends the following guidelines cackling/Canada geese, and reduction in upon the same regulations being for mourning dove hunting zones and the brant season length in Unit 9(D) implemented in the eastern portion of periods in the Central Management Unit from 107 days to 30 days. The Council’s the Central Flyway. (CMU): latter two recommendations are The Central Flyway Council (1) The time interval between changes contingent on concomitant restrictions recommended a season framework of 72 in zone boundaries or periods within on primary migration and wintering days with a daily bag limit of two white- States in the CMU should not exceed 5 areas in the lower 48 states. fronted geese, or an alternative season of years consistent with the review 86 days with a daily bag limit of one schedule for duck zones and periods Public Comment Invited goose, in all East-tier States. States (i.e., 2006–2010, 2011–2015, etc); The Department of the Interior’s could split the season once, and the (2) States may select two zones and policy is, whenever practicable, to possession limit would be twice the three segments except Texas has the afford the public an opportunity to daily bag limit. In the West-tier States, option to select three zones and two participate in the rulemaking process. the Council recommended a season segments; and We intend that adopted final rules be as

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responsive as possible to all concerned Reservations and Ceded Lands’’ is (4) Would the rule be easier to interests and, therefore, seek the available from the address indicated understand if it were divided into more comments and suggestions of the public, under the caption ADDRESSES. (but shorter) sections? other concerned governmental agencies, In a proposed rule published in the (5) Is the description of the rule in the nongovernmental organizations, and April 30, 2001, Federal Register (66 FR SUPPLEMENTARY INFORMATION section of other private interests on these 21298), we expressed our intent to begin the preamble helpful in understanding proposals. Accordingly, we invite the process of developing a new the rule? interested persons to submit written Supplemental Environmental Impact (6) What else could we do to make the comments, suggestions, or Statement for the migratory bird hunting rule easier to understand? recommendations regarding the program. We plan to begin the public Send a copy of any comments that proposed regulations to the address scoping process in 2005. concern how we could make this rule indicated under the caption ADDRESSES. easier to understand to: Office of Special circumstances involved in the Endangered Species Act Consideration Regulatory Affairs, Department of the establishment of these regulations limit Interior, Room 7229, 1849 C Street NW., Prior to issuance of the 2005–06 the amount of time that we can allow for Washington, DC 20240. You may also e- migratory game bird hunting public comment. Specifically, two mail the comments to this address: regulations, we will comply with considerations compress the time in [email protected]. provisions of the Endangered Species which the rulemaking process must Act of 1973, as amended (16 U.S.C. Regulatory Flexibility Act operate: (1) The need to establish final rules at a point early enough in the 1531–1543; hereinafter the Act), to These regulations have a significant summer to allow affected State agencies ensure that hunting is not likely to economic impact on substantial to appropriately adjust their licensing jeopardize the continued existence of numbers of small entities under the and regulatory mechanisms; and (2) the any species designated as endangered or Regulatory Flexibility Act (5 U.S.C. 601 unavailability, before mid-June, of threatened or modify or destroy its et seq.). We analyzed the economic specific, reliable data on this year’s critical habitat and is consistent with impacts of the annual hunting status of some waterfowl and migratory conservation programs for those species. regulations on small business entities in shore and upland game bird Consultations under section 7 of the Act detail as part of the 1981 cost-benefit populations. Therefore, we believe that may cause us to change proposals in analysis discussed under Executive to allow comment periods past the dates this and future supplemental proposed Order 12866. This analysis was revised specified is contrary to the public rulemaking documents. annually from 1990–95. In 1995, the interest. Before promulgation of final Executive Order 12866 Service issued a Small Entity Flexibility migratory game bird hunting Analysis (Analysis), which was regulations, we will take into The migratory bird hunting subsequently updated in 1996, 1998, consideration all comments received. regulations are economically significant and 2004. The primary source of Such comments, and any additional and were reviewed by the Office of information about hunter expenditures information received, may lead to final Management and Budget (OMB) under for migratory game bird hunting is the regulations that differ from these Executive Order 12866. As such, a cost/ National Hunting and Fishing Survey, proposals. benefit analysis was initially prepared which is conducted at 5-year intervals. You may inspect comments received in 1981. This analysis was subsequently The 2004 Analysis was based on the on the proposed annual regulations revised annually from 1990–96, updated 2001 National Hunting and Fishing during normal business hours at the in 1998, and updated again in 2004. It Survey and the U.S. Department of Service’s office in room 4107, 4501 is further discussed below under the Commerce’s County Business Patterns, North Fairfax Drive, Arlington, Virginia. heading Regulatory Flexibility Act. from which it was estimated that For each series of proposed Results from the 2004 analysis indicate migratory bird hunters would spend rulemakings, we will establish specific that the expected welfare benefit of the between $481 million and $1.2 billion at comment periods. We will consider, but annual migratory bird hunting small businesses in 2004. Copies of the possibly may not respond in detail to, frameworks is on the order of $734 Analysis are available upon request each comment. As in the past, we will million to $1.064 billion, with a mid- from the address indicated under summarize all comments received point estimate of $899 million. Copies ADDRESSES or from our Web site at during the comment period and respond of the cost/benefit analysis are available http://www.migratorybirds.gov. to them after the closing date. upon request from the address indicated under ADDRESSES or from our Web site Small Business Regulatory Enforcement NEPA Consideration at www.migratorybirds.gov. Fairness Act NEPA considerations are covered by Executive Order 12866 also requires This rule is a major rule under 5 the programmatic document ‘‘Final each agency to write regulations that are U.S.C. 804(2), the Small Business Supplemental Environmental Impact easy to understand. We invite comments Regulatory Enforcement Fairness Act. Statement: Issuance of Annual on how to make this rule easier to For the reasons outlined above, this rule Regulations Permitting the Sport understand, including answers to has an annual effect on the economy of Hunting of Migratory Birds (FSES 88– questions such as the following: $100 million or more. However, because 14),’’ filed with the Environmental this rule establishes hunting seasons, we Protection Agency on June 9, 1988. We (1) Are the requirements in the rule clearly stated? do not plan to defer the effective date published Notice of Availability in the under the exemption contained in 5 Federal Register on June 16, 1988 (53 (2) Does the rule contain technical U.S.C. 808(1). FR 22582). We published our Record of language or jargon that interferes with Decision on August 18, 1988 (53 FR its clarity? Paperwork Reduction Act 31341). In addition, an August 1985 (3) Does the format of the rule We examined these regulations under environmental assessment entitled (grouping and order of sections, use of the Paperwork Reduction Act of 1995 ‘‘Guidelines for Migratory Bird Hunting headings, paragraphing, etc.) aid or (PRA). There are no new information Regulations on Federal Indian reduce its clarity? collections in this proposed rule that

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would require OMB approval under the proposed rule will not unduly burden States make selections regarding the PRA. OMB has approved the the judicial system and that it meets the hunting of migratory birds, and we information collection requirements of requirements of sections 3(a) and 3(b)(2) employ guidelines to establish special the surveys associated with the of Executive Order 12988. regulations on Federal Indian Migratory Bird Harvest Information reservations and ceded lands. This Takings Implication Assessment Program and assigned clearance number process preserves the ability of the 1018–0015 (expires 2/29/2008). This In accordance with Executive Order States and tribes to determine which information is used to provide a 12630, this proposed rule, authorized by seasons meet their individual needs. sampling frame for voluntary national the Migratory Bird Treaty Act, does not Any State or Indian tribe may be more surveys to improve our harvest have significant takings implications restrictive than the Federal frameworks estimates for all migratory game birds in and does not affect any constitutionally at any time. The frameworks are order to better manage these protected property rights. This rule will developed in a cooperative process with populations. OMB has also approved not result in the physical occupancy of the States and the Flyway Councils. the information collection requirements property, the physical invasion of This process allows States to participate of the Sandhill Crane Harvest Survey property, or the regulatory taking of any in the development of frameworks from and assigned clearance number 1018– property. In fact, these rules allow which they will make selections, 0023 (expires 11/30/2007). The hunters to exercise otherwise thereby having an influence on their information from this survey is used to unavailable privileges and, therefore, own regulations. These rules do not estimate the magnitude and the reduce restrictions on the use of private have a substantial direct effect on fiscal geographical and temporal distribution and public property. capacity, change the roles or of the harvest, and the portion it Energy Effects—Executive Order 13211 responsibilities of Federal or State constitutes of the total population. A governments, or intrude on State policy Federal agency may not conduct or On May 18, 2001, the President issued or administration. Therefore, in sponsor, and a person is not required to Executive Order 13211 on regulations accordance with Executive Order 13132, respond to, a collection of information that significantly affect energy supply, these regulations do not have significant unless it displays a currently valid OMB distribution, and use. Executive Order federalism effects and do not have control number. 13211 requires agencies to prepare sufficient federalism implications to Statements of Energy Effects when warrant the preparation of a Federalism Unfunded Mandates Reform Act undertaking certain actions. While this Assessment. We have determined and certify, in proposed rule is a significant regulatory compliance with the requirements of the action under Executive Order 12866, it List of Subjects in 50 CFR Part 20 Unfunded Mandates Reform Act, 2 is not expected to adversely affect Exports, Hunting, Imports, Reporting U.S.C. 1502 et seq., that this rulemaking energy supplies, distribution, or use. and recordkeeping requirements, will not impose a cost of $100 million Therefore, this action is not a significant Transportation, Wildlife. or more in any given year on local or energy action and no Statement of The rules that eventually will be State government or private entities. Energy Effects is required. promulgated for the 2005–06 hunting Therefore, this rule is not a ‘‘significant Federalism Effects season are authorized under 16 U.S.C. regulatory action’’ under the Unfunded 703–712 and 16 U.S.C. 742 aj. Mandates Reform Act. Due to the migratory nature of certain species of birds, the Federal Dated: June 10, 2005. Civil Justice Reform—Executive Order Government has been given Paul Hoffman, 12988 responsibility over these species by the Assistant Secretary for Fish and Wildlife and The Department, in promulgating this Migratory Bird Treaty Act. We annually Parks. proposed rule, has determined that this prescribe frameworks from which the BILLING CODE 4310–55–P

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[FR Doc. 05–12554 Filed 6–23–05; 8:45 am] BILLING CODE 4310–55–C

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Part V

The President Notice of June 23, 2005—Continuation of the National Emergency With Respect to the Western Balkans

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Federal Register Presidential Documents Vol. 70, No. 121

Friday, June 24, 2005

Title 3— Notice of June 23, 2005

The President Continuation of the National Emergency With Respect to the Western Balkans

On June 26, 2001, by Executive Order 13219, I declared a national emergency with respect to the Western Balkans pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions of persons engaged in, or assisting, spon- soring, or supporting (i) extremist violence in the Republic of Macedonia, and elsewhere in the Western Balkans region, or (ii) acts obstructing imple- mentation of the Dayton Accords in Bosnia or United Nations Security Council Resolution 1244 of June 10, 1999, in Kosovo. Subsequent to the declaration of the national emergency, the actions of persons obstructing implementation of the Ohrid Framework Agreement of 2001 in Macedonia also became a pressing concern. I amended Executive Order 13219 on May 28, 2003, in Executive Order 13304 to address this concern and to take additional steps with respect to the national emergency. Because the actions of persons threatening the peace and international stabilization efforts in the Western Balkans continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared on June 26, 2001, and the measures adopted on that date and thereafter to deal with that emergency, must continue in effect beyond June 26, 2005. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to the Western Balkans. This notice shall be published in the Federal Register and transmitted to the Congress. W THE WHITE HOUSE, June 23, 2005. [FR Doc. 05–12735 Filed 6–23–05; 1:12 pm] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 70, No. 121 Friday, June 24, 2005

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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. Presidential Documents 3 CFR 319...... 33264 915...... 36467 Executive orders and proclamations 741–6000 Proclamations: 946...... 35163 The United States Government Manual 741–6000 7907...... 32971 958...... 32481 Other Services 7908...... 32973 1030...... 31321 7909...... 33333 Electronic and on-line services (voice) 741–6020 1421...... 33798 7910...... 34983 Privacy Act Compilation 741–6064 1427...... 35367 7911...... 35503 Public Laws Update Service (numbers, dates, etc.) 741–6043 1738...... 32711 TTY for the deaf-and-hard-of-hearing 741–6086 Executive Orders: 3052...... 34985 12916 (Amended by Proposed Rules: EO 13380)...... 35509 ELECTRONIC RESEARCH 205...... 35177 13000 (See 301 ...... 32733, 33857, 35500 World Wide Web Memorandum of 305...... 33857 June 2, 2005)...... 32975 Full text of the daily Federal Register, CFR and other publications 318...... 33857 13159 (See Notice of is located at: http://www.gpoaccess.gov/nara/index.html 319...... 33857 June 17, 2005)...... 35507 762...... 36055 Federal Register information and research tools, including Public 13219 (See Notice of 920...... 36060 Inspection List, indexes, and links to GPO Access are located at: June 23, 2005)...... 36803 981...... 35182 http://www.archives.gov/federallregister/ 13304 (See Notice of 991...... 36062 E-mail June 23, 2005)...... 36803 996...... 35562 13369 (Amended by FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1405...... 33043 EO 13379)...... 35505 1427...... 36536 an open e-mail service that provides subscribers with a digital 13379...... 35505 form of the Federal Register Table of Contents. The digital form 13380...... 35509 9 CFR of the Federal Register Table of Contents includes HTML and Administrative Orders: PDF links to the full text of each document. 94...... 33803, 36332 Memorandums: 319...... 33803 To join or leave, go to http://listserv.access.gpo.gov and select Memorandum of June 381...... 33803, 35165 Online mailing list archives, FEDREGTOC-L, Join or leave the list 2, 2005 ...... 32975 (or change settings); then follow the instructions. Notices: 10 CFR PENS (Public Law Electronic Notification Service) is an e-mail Notice of June 17, 9...... 34303 service that notifies subscribers of recently enacted laws. 2005 ...... 35507 25...... 32224 Notice of June 23, 72...... 32977 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 2005 ...... 36803 95...... 32224 and select Join or leave the list (or change settings); then follow 170...... 33819 the instructions. 5 CFR 171...... 33819 FEDREGTOC-L and PENS are mailing lists only. We cannot 842...... 32709 745...... 36325 respond to specific inquiries. 890...... 33797 Proposed Rules: Reference questions. Send questions and comments about the 1600...... 32206 20...... 34699 Federal Register system to: [email protected] 1601...... 32206 54...... 34700 1604...... 32206 The Federal Register staff cannot interpret specific documents or 1605...... 32206 11 CFR regulations. 1606...... 32206 111...... 34633 1620...... 32206 9004...... 33689 FEDERAL REGISTER PAGES AND DATE, JUNE 1640...... 32206 1645...... 32206 12 CFR 31321–32218...... 1 1650...... 32206 32219–32480...... 2 41...... 33958 1651...... 32206 32481–32708...... 3 222...... 33958 1653...... 32206 232...... 33958 32709–32976...... 6 1655...... 32206 330...... 33689 32977–33334...... 7 1690...... 32206 334...... 33958 33335–33688...... 8 Proposed Rules: 568...... 32228 33689–33796...... 9 531...... 35383 571...... 33958 33797–34054...... 10 607...... 35336 34055–34302...... 13 7 CFR 614...... 35336 34303–34626...... 14 1c ...... 36325 615...... 35336 34627–34984...... 15 6...... 32219 617...... 31322 34985–35162...... 16 210...... 34627 620...... 35336 35163–35366...... 17 220...... 34627 717...... 33958 35367–35508...... 20 226...... 34630 35509–35984...... 21 300...... 33264 14 CFR 35985–36324...... 22 301 ...... 33264, 36328, 36330 23 ...... 32711, 34310, 35511, 36325–36466...... 23 305...... 33264, 36330 35985 36467–36804...... 24 318...... 33264 25...... 33335, 33337

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39 ...... 32483, 32982, 32984, 260...... 33873 4044...... 34655 3001...... 32492 32986, 32988, 32990, 32992, 284...... 33873, 34421 Proposed Rules: 32996, 32998, 33339, 33340, 1910...... 34822 40 CFR 33344, 33692, 33820, 34188, 19 CFR 1926...... 32739, 34822 9...... 33354, 34594 34312, 34313, 34316, 34323, Proposed Rules: 23...... 33354 30 CFR 34325, 34329, 34334, 34336, 146...... 33046 26...... 36325 34636, 34638, 34641, 34642, 57...... 32867 51...... 33838 34644, 34646, 35166, 35172, 20 CFR 72...... 36346 52 ...... 33363, 33364, 33838, 35370, 35514, 35516, 35518, 1...... 33590 75...... 36346 33850, 34357, 34358, 34362, 35519, 35523, 35987, 35989, 30...... 33590 Proposed Rules: 34660, 35379, 35946, 36036, 35992, 35993, 35996, 35997, 404...... 35028, 36494 906...... 36360 36511 36000, 36005, 36006, 36011, 416...... 36494 946...... 34431, 35199 60...... 36515 36333, 36470, 36472, 36474, Proposed Rules: 31 CFR 61...... 36515 36476, 36479, 36480, 36482, 404...... 32550, 35188 63 ...... 33000, 34538, 36515, 36484, 36486 416...... 32550, 35188 50...... 34348 36523 71 ...... 32229, 32231, 32484, 103...... 33702 70...... 32243 33346, 33347, 33348, 34339, 21 CFR 501...... 34060 81 ...... 31353, 33364, 34362, 34649, 35500, 35525, 35526, 165...... 33694 538...... 34060 34660, 35946 36014, 36015, 36016, 36020, 172...... 36021 32 CFR 86...... 34594 36488, 36489, 36490, 36491, 510...... 32487, 35174 93...... 31354 219...... 36325 36492, 36493 520...... 32488 148...... 35032 311...... 34656 73...... 33692, 34650 522 ...... 32488, 36336, 36337 163...... 33354 637...... 36028 95...... 34986 524...... 36338 177...... 33354 97...... 34989, 36334 556...... 36337 33 CFR 178...... 33354 121...... 36020 179...... 33354 558...... 32488 88...... 36347 135...... 36020 180 ...... 31355, 31359, 31365, 803...... 34652 100 ...... 33718, 33828, 33830, 1230...... 36325 33354, 36524 1020...... 33998 34658, 35528, 35530 Proposed Rules: 1301...... 36338 101...... 36347 228...... 32498 25...... 33720, 34702 1306...... 36338 110...... 32231 258...... 34538 27...... 33399 Proposed Rules: 117 ...... 32233, 32235, 33349, 260...... 34538 39 ...... 31393, 31395, 32273, 1...... 33404 33351, 33719, 33832, 33834, 261...... 34538, 35032 32524, 32527, 32534, 32537, 34351, 35030, 36347 262...... 35034 32540, 32542, 32544, 32547, 22 CFR 148...... 33351 264...... 34538, 35034 32738, 33045, 33720, 33724, 40...... 35526 149...... 33351 265...... 34538, 35034 34401, 34405, 34409, 34411, 62...... 36344 150...... 33351 266...... 34538 34714, 35049, 35385, 35565, 120...... 34652 151...... 36347 268...... 34538, 35032 35568, 36064, 36067, 36070, 123...... 34652 154...... 36347 270...... 34538 36073, 36075, 36078, 36081, 124...... 34652 155...... 36347 271 ...... 32247, 33852, 34371, 36355 126...... 34652 159...... 36347 34538, 35032, 36350 71 ...... 32275, 33401, 33402, 127...... 34652 161...... 36347 279...... 34538 33403, 34416, 36084, 36085, 225...... 36325 165 ...... 32235, 32239, 32241, 300 ...... 33368, 34380, 35174 36539, 36540, 36542, 36543, 33352, 34064, 34353, 34355, 302...... 35032 36544 24 CFR 35532, 35534, 36033, 36509 Proposed Rules: 414...... 32192 320...... 33650 Proposed Rules: 52 ...... 33408, 33771, 33877, 15 CFR 2004...... 36790 Ch. 1 ...... 36363 34435, 35162, 35390, 36546 117 ...... 32276, 32278, 33405 81...... 33408, 33409 27...... 36325 Proposed Rules: 598...... 33642 165...... 33047, 34078 152...... 33414 335...... 33825 334...... 36363 158...... 33414 340...... 33825 25 CFR 180...... 31401 744...... 33693 34 CFR 39...... 33701 261...... 36547 902...... 31323, 34055 97...... 36325 271 ...... 32280, 33878, 36365 16 CFR 26 CFR Proposed Rules: 300...... 33415, 35204 300...... 35782 372...... 34437 305...... 32484 1 ...... 32489, 36344, 36345, 36346 301...... 35782 1028...... 36325 41 CFR 301...... 32489 304...... 35782 Proposed Rules: 60-1...... 36262 1632...... 36357 Proposed Rules: 36 CFR 1...... 32552, 35570 60-250...... 36262 17 CFR 7...... 31345 60-741...... 36262 27 CFR 228...... 32713 Proposed Rules: 1...... 32866 242 ...... 35537, 36033, 36268 9...... 31342 102-117...... 36088 18 CFR 401...... 32490 102-118...... 36088 Proposed Rules: 402...... 32490 4...... 33825 4...... 36359 403...... 32490 42 CFR 34...... 35372 5...... 36359 35 ...... 34190, 34340, 34993 7...... 36359 37 CFR 416...... 36533 131...... 35375 9...... 31396 1...... 35375 Proposed Rules: 157...... 35011 50...... 33053 28 CFR Proposed Rules: 294...... 35027 1...... 35571, 35573 400...... 35204 347...... 34343 46...... 36325 421...... 35204 357...... 34343 901...... 36025 38 CFR 44 CFR 375...... 34651 904...... 36027 16...... 36325 Proposed Rules: Proposed Rules: Proposed Rules: 64...... 32520 37...... 34417 905...... 36087 3...... 35388 65 ...... 33002, 35539, 35540 45...... 35184 67...... 35542 46...... 35184 29 CFR 39 CFR Proposed Rules: 131...... 35184 4022...... 34655 111...... 33836 67...... 35577, 35596

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45 CFR 22...... 33655, 33662 208...... 32280 238...... 33380 46...... 36325 31...... 33671, 33973 211...... 35602 239...... 33380 690...... 36325 37...... 33657 212...... 35603 240...... 33380 1801...... 36036 52 ...... 33655, 33657, 33661, 216...... 32280 241...... 33380 33662, 33671 225...... 35603 244...... 33380 Proposed Rules: 53...... 33662 236...... 35605 571...... 35556 61...... 36554 204...... 35543 242...... 35606 575...... 35556 46 CFR 208...... 35543 252...... 35602, 35603 577...... 35556 209...... 35543 1823...... 33726 582...... 35556 531...... 31370 212...... 35543 1852...... 33726 1507...... 33383 Proposed Rules: 213...... 35543 Proposed Rules: 401...... 33415 49 CFR 215...... 35543 107...... 36365 217...... 35543 11...... 36325 47 CFR 171...... 34729, 36365 219...... 35543 171...... 33378, 34066 172...... 34729, 36365 1...... 31372 222...... 35543 172...... 34066, 34381 173...... 34729, 36365 23...... 31372 223...... 35543 173...... 34066, 34381 175...... 34729 25 ...... 31372, 32249, 33373, 225...... 35543 175...... 34381 178...... 36365 34665 227...... 35543 176...... 34381 180...... 36365 64...... 32258, 34665 233...... 35543 178...... 34066, 34381 192...... 36093 73 ...... 31372, 33377, 33378 235...... 35543 179...... 34066 393...... 33430, 36366 74...... 31372 236...... 35543 180...... 34066, 34381 571...... 36094 76...... 36040 237...... 35543 192...... 34693, 35041 78...... 31372 242...... 35543 194...... 35042 90...... 34666 247...... 35543 195...... 34693 50 CFR 95...... 31372 252...... 35543, 35549 209...... 33380 17 ...... 32732, 33015, 33774 97...... 31372 253...... 35543 213...... 33380 21...... 34695 Proposed Rules: 552...... 32522 214...... 33380 100 ...... 35537, 36033, 36268 Ch. I...... 33416, 34724 1601...... 31374 215...... 33380 300...... 36533 25...... 33426 1602...... 31374 216...... 33380 622 ...... 32266, 33033, 33385, 52...... 31405 1604...... 31374 217...... 33380 34400 64 ...... 31405, 31406, 34725 1615...... 31374 218...... 33380 635...... 33033, 33039 73...... 31409, 33429 1631...... 31374, 31389 219...... 33380 648 ...... 31323, 33042, 34055, 76...... 33680 1632...... 31374 220...... 33380 35042, 35047, 35557 90...... 34726 1644...... 31374 221...... 33380 660...... 33719, 36053 1646...... 31374 222...... 33380 679...... 33390, 35558 48 CFR 1652...... 31374 223...... 33380 680...... 33390 Ch. 1...... 33654, 33676 1699...... 31389 225...... 33380 Proposed Rules: Ch. 2 ...... 35543 1809...... 35549 228...... 33380 17...... 35607 2...... 33655, 33657 1837...... 35549 229...... 33380 20...... 32282, 36794 4...... 33657 1852...... 35549 230...... 33380 223...... 33440, 35391 7...... 33656 Proposed Rules: 231...... 33380 229...... 35894 11...... 33656 19...... 32553 232...... 33380 600...... 36240 12...... 33657 31...... 34080 233...... 33380 622...... 35053 13...... 33656 42...... 35601 234...... 33380 635...... 35894 15...... 33656, 33659 52...... 32553 235...... 33380 648 ...... 32282, 33728, 35894 19...... 33661 53...... 32553 236...... 33380 679 ...... 32287, 35054, 36555

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REMINDERS Ports and waterways safety; further notice; published by 6-27-05; published 5- The items in this list were regulated navigation areas, 5-28-04 [FR 04-12138] 27-05 [FR 05-10672] editorially compiled as an aid safety zones, security AGRICULTURE COMMERCE DEPARTMENT to Federal Register users. zones, etc.: DEPARTMENT National Oceanic and Inclusion or exclusion from Rochester Harbor, NY; Animal and Plant Health Atmospheric Administration this list has no legal published 6-14-05 Inspection Service Endangered and threatened significance. POSTAL SERVICE Exportation, importation, and species: Domestic Mail Manual: interstate transportation of Sea turtle conservation animals and animal requirements— RULES GOING INTO Address sequencing services; published 5-25- products: Mid-Atlantic; sea scallop EFFECT JUNE 24, 2005 05 Brucellosis in swine— dredge vessels; comments due by 6-27- TRANSPORTATION Validated brucellosis-free AGRICULTURE 05; published 5-27-05 DEPARTMENT States; list additions; [FR 05-10670] DEPARTMENT comments due by 7-1- Federal Railroad COURT SERVICES AND Agricultural Marketing Administration 05; published 5-2-05 Service [FR 05-08660] OFFENDER SUPERVISION Railroad safety: AGENCY FOR THE Spearmint oil produced in— Plant-related quarantine, Locomotive horns use at DISTRICT OF COLUMBIA domestic: Far West; published 5-25-05 highway-rail grade Semi-annual agenda; Open for COMMERCE DEPARTMENT crossings; sounding Asian longhorned beetle; comments until further National Oceanic and requirement; published 11- comments due by 6-27- notice; published 12-22-03 Atmospheric Administration 22-04 05; published 4-26-05 [FR [FR 03-25121] 05-08302] International fisheries Locomotive horns use at DEFENSE DEPARTMENT regulations: highway-rail grade West Indian fruit fly; Acquisition regulations: comments due by 6-27- Pacific halibut— crossings; sounding Pilot Mentor-Protege requirement; effective date 05; published 4-26-05 [FR Catch sharing plan; Program; Open for change; published 3-18-05 05-08303] published 6-24-05 comments until further Locomotive horns use at Plant-related quarantine, notice; published 12-15-04 ENVIRONMENTAL highway-rail grade foreign: [FR 04-27351] PROTECTION AGENCY crossings; sounding Christmas and Easter Radio frequency Air pollutants, hazardous; requirements; published 4- cactus in growing media identification national emission standards: 27-05 from Netherlands and Correction; comments due Cellulose products Denmark; comments due by 6-27-05; published by 6-27-05; published 4- 4-27-05 [FR 05-08369] manufacturing; correction; RULES GOING INTO published 6-24-05 27-05 [FR 05-08372] EFFECT JUNE 25, 2005 EDUCATION DEPARTMENT Air programs; State authority Viruses, serums, toxins, etc.: Grants and cooperative delegations: Expiration date of products; agreements; availability, etc.: AGRICULTURE Iowa and Kansas; published determination, requirement Vocational and adult DEPARTMENT 6-24-05 for serials and subserials; education— Agricultural Marketing comments due by 6-27- Air quality implementation Smaller Learning Service 05; published 4-28-05 [FR plans; approval and Communities Program; 05-08516] promulgation; various Avocados grown in— Open for comments States: Florida; published 6-24-05 AGRICULTURE until further notice; published 2-25-05 [FR California; published 4-25-05 HOMELAND SECURITY DEPARTMENT E5-00767] Pesticides; tolerances in food, DEPARTMENT Grain Inspection, Packers ENERGY DEPARTMENT animal feeds, and raw Coast Guard and Stockyards Meetings: agricultural commodities: Administration Ports and waterways safety; Environmental Management Trifloxystrobin; published 6- regulated navigation areas, High quality specialty grains transported in containers; Site-Specific Advisory 24-05 safety zones, security Board— zones, etc.: export inspection and FEDERAL weighing waiver; comments Oak Ridge Reservation, COMMUNICATIONS Indian River, FL; published due by 6-27-05; published TN; Open for comments COMMISSION 6-24-05 4-28-05 [FR 05-08519] until further notice; Rochester Harbor, NY; Common carrier services: AGRICULTURE published 11-19-04 [FR published 6-2-05 Federal-State Joint Board DEPARTMENT 04-25693] on Universal Service— Natural Resources ENERGY DEPARTMENT Eligible COMMENTS DUE NEXT Conservation Service Energy Efficiency and Renewable Energy Office telecommunications WEEK Reports and guidance carrier designation; documents; availability, etc.: Commercial and industrial minimum requirements; equipment; energy efficiency AGRICULTURE National Handbook of published 5-25-05 program: DEPARTMENT Conservation Practices; Test procedures and Wireless telecommunications Open for comments until Agricultural Marketing efficiency standards— services— Service further notice; published Commercial packaged 71-76 GHz, 81-86 GHz, Almonds grown in— 5-9-05 [FR 05-09150] and 92-95 GHz bands boilers; Open for California; comments due by COMMERCE DEPARTMENT allocations and service comments until further 6-27-05; published 6-17- rules; published 5-25-05 Industry and Security notice; published 10-21- 05 [FR 05-12006] Bureau 04 [FR 04-17730] HOMELAND SECURITY Cotton classing, testing and Export administration ENERGY DEPARTMENT DEPARTMENT standards: regulations: Federal Energy Regulatory Coast Guard Classification services to Deemed export licensing Commission Anchorage regulations: growers; 2004 user fees; practices; clarification and Electric rate and corporate Virginia; published 5-25-05 Open for comments until revision; comments due regulation filings:

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Virginia Electric & Power 27-05; published 4-27-05 notice; published 12-29- Medical devices— Co. et al.; Open for [FR 05-08186] 04 [FR 04-28531] Dental noble metal alloys comments until further Spiromesifen; comments Telecommunications Act of and base metal alloys; notice; published 10-1-03 due by 6-27-05; published 1996; implementation— Class II special [FR 03-24818] 4-27-05 [FR 05-08120] Dial-around calls from controls; Open for Electric utilities (Federal Power Trifluralin; comments due by payphones, default comments until further Act): 6-27-05; published 4-27- compensation rate notice; published 8-23- Business practice standards 05 [FR 05-08384] update; comments due 04 [FR 04-19179] and communication Superfund program: by 6-27-05; published HOMELAND SECURITY protocols for public National oil and hazardous 5-11-05 [FR 05-09097] DEPARTMENT utilities; comments due by substances contingency Radio stations; table of Coast Guard 7-1-05; published 5-17-05 plan— assignments: Anchorage regulations: [FR 05-09797] National priorities list Colorado; comments due by Maryland; Open for ENVIRONMENTAL update; comments due 6-30-05; published 5-25- comments until further PROTECTION AGENCY by 6-27-05; published 05 [FR 05-10115] notice; published 1-14-04 [FR 04-00749] Air pollutants, hazardous; 4-27-05 [FR 05-08322] Washington; comments due Outer Continental Shelf national emission standards: Water pollution control: by 6-27-05; published 5- 25-05 [FR 05-10116] activities: Hazardous air pollutants National Pollutant Discharge Gulf of Mexico; safety zone; list— Elimination System— FEDERAL TRADE COMMISSION comments due by 6-27- 4,4’-methylene diphenyl Concentrated animal 05; published 4-26-05 [FR CAN-SPAM Act; diisocyanate; delisting; feeding operations in 05-08262] implementation: comments due by 6-27- New Mexico and Ports and waterways safety: Definitions, implementation, 05; published 5-26-05 Oklahoma; general Tanker escort vessels; crash and reporting [FR 05-10579] permit for discharges; stop criteria; comments requirements; comments Air quality implementation Open for comments due by 6-27-05; published due by 6-27-05; published plans: until further notice; 3-28-05 [FR 05-05970] published 12-7-04 [FR 5-12-05 [FR 05-09353] Preparation, adoption, and Ports and waterways safety; 04-26817] Children’s Online Privacy submittal— regulated navigation areas, Protection Act; Water pollution; effluent safety zones, security Delaware and New implementation; comments guidelines for point source zones, etc.: Jersey; comments due due by 6-27-05; published categories: Newburyport, MA; comments by 6-27-05; published 4-22-05 [FR 05-08160] 5-12-05 [FR 05-05520] Meat and poultry products due by 6-27-05; published processing facilities; Open HEALTH AND HUMAN Air quality implementation 5-27-05 [FR 05-10595] for comments until further SERVICES DEPARTMENT plans; approval and HOMELAND SECURITY notice; published 9-8-04 Children and Families promulgation; various DEPARTMENT [FR 04-12017] Administration States: Nonimmigrant classes: FARM CREDIT Grants and cooperative Maine; comments due by 6- Petitioning requirement for ADMINISTRATION agreements; availability, etc.: 27-05; published 5-26-05 O and P classifications; [FR 05-10480] Farm credit system: Family Violence Prevention comments due by 6-27- and Services Program; 05; published 4-28-05 [FR North Carolina; comments Conservators, receivers and voluntary liquidations; comments due by 7-1-05; 05-08471] due by 6-27-05; published published 6-1-05 [FR 05- 5-26-05 [FR 05-10473] receivership repudiation HOUSING AND URBAN authorities; comments due 10782] DEVELOPMENT South Carolina and Georgia; by 6-27-05; published 4- Family Violence Prevention DEPARTMENT comments due by 6-27- 27-05 [FR 05-08237] and Services Program; Manufactured home 05; published 5-26-05 [FR comments due by 7-1-05; 05-10475] FEDERAL construction and safety COMMUNICATIONS published 6-1-05 [FR 05- standards: Tennessee and Georgia; COMMISSION 10781] Model manufactured home comments due by 6-27- Committees; establishment, HEALTH AND HUMAN installation standards; 05; published 5-26-05 [FR SERVICES DEPARTMENT comments due by 6-27- 05-10472] renewal, termination, etc.: Technological Advisory Centers for Medicare & 05; published 4-26-05 [FR Environmental statements; Medicaid Services 05-07497] availability, etc.: Council; Open for comments until further Medicare: INTERIOR DEPARTMENT Coastal nonpoint pollution notice; published 3-18-05 Hospice wage index (2006 Fish and Wildlife Service control program— [FR 05-05403] FY); comments due by 6- Endangered and threatened Minnesota and Texas; Common carrier services: 28-05; published 4-29-05 species permit applications Open for comments Carrier identification code [FR 05-08387] Recovery plans— until further notice; (CIC); conservation and HEALTH AND HUMAN Paiute cutthroat trout; published 10-16-03 [FR definition of entity for SERVICES DEPARTMENT Open for comments 03-26087] assignments; comments Food and Drug until further notice; Pesticides; tolerances in food, due by 7-1-05; published Administration published 9-10-04 [FR animal feeds, and raw 04-20517] 6-1-05 [FR 05-10659] Reports and guidance agricultural commodities: Interconnection— documents; availability, etc.: JUSTICE DEPARTMENT Bacillus thuringiensis VIP3A Incumbent local exchange Evaluating safety of DNA identification system; protein; comments due by carriers unbounding antimicrobial new animal implementation; comments 6-27-05; published 4-28- obligations; local drugs with regard to their due by 6-27-05; published 05 [FR 05-08530] competition provisions; microbiological effects on 4-28-05 [FR 05-08556] Benoxacor; comments due wireline services bacteria of human health LIBRARY OF CONGRESS by 6-27-05; published 4- offering advanced concern; Open for Copyright Royalty Board, 27-05 [FR 05-08119] telecommunications comments until further Library of Congress Dichlorodifluoromethane, et capability; Open for notice; published 10-27-03 Organization, administration, al.; comments due by 6- comments until further [FR 03-27113] and procedural regulations;

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Title 37 CFR Chapter III; Maine; Open for comments Income taxes: The text of laws is not establishment; comments until further notice; Tax withholding on published in the Federal due by 6-30-05; published published 2-17-04 [FR 04- payments to foreign Register but may be ordered 5-31-05 [FR 05-10553] 03374] persons; information in ‘‘slip law’’ (individual NATIONAL SCIENCE OFFICE OF UNITED STATES reporting requirements; pamphlet) form from the FOUNDATION TRADE REPRESENTATIVE hearing; comments due Superintendent of Documents, Privacy Act; implementation; Trade Representative, Office by 6-28-05; published 3- U.S. Government Printing comments due by 6-30-05; of United States 30-05 [FR 05-06060] Office, Washington, DC 20402 (phone, 202–512–1808). The published 5-31-05 [FR 05- Generalized System of TREASURY DEPARTMENT text will also be made 10701] Preferences: Alcohol and Tobacco Tax available on the Internet from NUCLEAR REGULATORY 2003 Annual Product and Trade Bureau GPO Access at http:// COMMISSION Review, 2002 Annual Alcohol; viticultural area www.gpoaccess.gov/plaws/ Environmental statements; Country Practices Review, designations: index.html. Some laws may availability, etc.: and previously deferred Sta. Rita Hills, Santa not yet be available. Fort Wayne State product decisions; Barbara County, CA; petitions disposition; Open Developmental Center; name change; comments H.R. 1760/P.L. 109–15 Open for comments until for comments until further due by 6-28-05; published further notice; published notice; published 7-6-04 4-29-05 [FR 05-08575] To designate the facility of the 5-10-04 [FR 04-10516] [FR 04-15361] Alcoholic beverages: United States Postal Service Radioactive material; TRANSPORTATION Labeling and advertising; located at 215 Martin Luther packaging and DEPARTMENT wines, distilled spirits, and King, Jr. Boulevard in transportation: Federal Aviation malt beverages; Madison, Wisconsin, as the Safe transportation of Administration comments due by 6-28- ‘‘Robert M. La Follette, Sr. radioactive material; Airspace: 05; published 4-29-05 [FR Post Office Building’’. (June 17, 2005; 119 Stat. 337) comments due by 7-1-05; Airborne Flight Information 05-08574] published 4-27-05 [FR 05- Services; policy statement; VETERANS AFFAIRS Last List June 2, 2005 08371] comments due by 6-30- DEPARTMENT PERSONNEL MANAGEMENT 05; published 6-14-05 [FR Medical benefits: 05-11670] OFFICE Elimination of copayment for Absence and leave: Airworthiness directives: smoking cessation Public Laws Electronic Federal Workforce Flexibility Boeing; comments due by counseling; comments due Notification Service Act of 2004; 6-27-05; published 5-12- by 7-1-05; published 5-2- (PENS) implementation; comments 05 [FR 05-09469] 05 [FR 05-08729] due by 6-28-05; published Airworthiness standards: 4-29-05 [FR 05-08681] Cockpit voice recorder and PENS is a free electronic mail Notification and Federal digital flight data recorder LIST OF PUBLIC LAWS notification service of newly Employees Antidiscrimination regulations; revision; enacted public laws. To and Retaliation Act of 2002; comments due by 6-27- This is a continuing list of subscribe, go to http:// implementation; comments 05; published 4-27-05 [FR public bills from the current listserv.gsa.gov/archives/ due by 6-28-05; published 05-08457] session of Congress which publaws-l.html 5-26-05 [FR 05-10483] have become Federal laws. It TREASURY DEPARTMENT may be used in conjunction Prevailing rate systems; Internal Revenue Service with ‘‘PLUS’’ (Public Laws Note: This service is strictly comments due by 6-27-05; Excise taxes: Update Service) on 202–741– for E-mail notification of new published 4-27-05 [FR 05- Diesel fuel and kerosene; 6043. This list is also laws. The text of laws is not 08331] mechanical dye injection; available online at http:// available through this service. SMALL BUSINESS comments due by 6-27- www.archives.gov/ PENS cannot respond to ADMINISTRATION 05; published 4-26-05 [FR federal—register/public—laws/ specific inquiries sent to this Disaster loan areas: 05-08235] public—laws.html. address.

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