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i II Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004
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Contents Federal Register Vol. 69, No. 199
Friday, October 15, 2004
Agency for Toxic Substances and Disease Registry Defense Department NOTICES NOTICES Senior Executive Service: Arms sales notification, transmittal letter, etc., 61208–61223 Performance Review Board; membership, 61252 Committees; establishment, renewal, termination, etc.: Planning and Steering Advisory Committee, 61223 Agricultural Marketing Service Meetings: PROPOSED RULES National Security Education Board, 61223–61224 Lamb promotion, research, and information; referendum, Science Board task forces, 61224 61159–61164 Threat Reduction Advisory Committee, 61224–61225 Privacy Act: Agriculture Department Systems of records, 61225–61227 See Agricultural Marketing Service See Animal and Plant Health Inspection Service Education Department See Forest Service NOTICES Grants and cooperative agreements; availability, etc.: Alcohol and Tobacco Tax and Trade Bureau Postsecondary education— NOTICES Federal student aid programs; institutional and Agency information collection activities; proposals, applicant filing and reporting deadline dates submissions, and approvals; comment requests, 61296– extended, 61227–61228 61299 Employment Standards Administration Animal and Plant Health Inspection Service NOTICES NOTICES Minimum wages for Federal and federally-assisted Committees; establishment, renewal, termination, etc.: construction; general wage determination decisions, National Poultry Improvement Plan General Conference 61266–61267 Committee, 61197 Energy Department Blind or Severely Disabled, Committee for Purchase From See Federal Energy Regulatory Commission People Who Are See Committee for Purchase From People Who Are Blind Environmental Protection Agency or Severely Disabled NOTICES Air pollution control: Broadcasting Board of Governors Citizens suits; proposed settlements— NOTICES Sierra Club, 61246–61248 Meetings; Sunshine Act, 61202 Environmental statements; availability, etc.: Agency statements— Centers for Disease Control and Prevention Comment availability, 61248–61249 NOTICES Weekly receipts, 61248 Agency information collection activities; proposals, Meetings: submissions, and approvals, 61252–61257 National Drinking Water Advisory Council, 61249–61250 Senior Executive Service: Performance Review Board; membership, 61252 Federal Aviation Administration RULES Centers for Medicare & Medicaid Services Airworthiness directives: NOTICES Becker Flugfunkwerk GmbH, 61144–61146 Agency information collection activities; proposals, Standard instrument approach procedures, 61146–61148 submissions, and approvals, 61257–61258 Federal Communications Commission Commerce Department RULES See International Trade Administration Common carrier services: See National Oceanic and Atmospheric Administration Telecommunications act of 1996; implementation— Interstate pay-per-call and other information services, Committee for Purchase From People Who Are Blind or and toll-free number usage; truth-in-billing and Severely Disabled billing format, 61152–61154 NOTICES PROPOSED RULES Procurement list; additions and deletions, 61201–61202 Common carrier services: Telecommunications act of 1996; implementation— Committee for the Implementation of Textile Agreements Interstate pay-per-call and other information services; NOTICES truth-in-billing and billing format, 61184–61193 Cotton, wool, and man-made textiles: Television broadcasting: Bangladesh, 61207–61208 Cable Television Consumer Protection Act— Malaysia, 61208 Cable television inside wiring rules, 61193–61196
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NOTICES Endangered and threatened species permit applications, Agency information collection activities; proposals, 61262 submissions, and approvals, 61250 Marine mammal permit applications, 61262 Meetings: Federal Energy Regulatory Commission Aquatic Nuisance Species Task Force, 61262–61263 PROPOSED RULES Klamath River Basin Fisheries Task Force, 61263 Electric utilities (Federal Power Act): Public utilities with market-based rate authority; changes Food and Drug Administration in status reporting requirement, 61180–61184 RULES NOTICES Human drugs: Meetings: Antiperspirant products (OTC); final monograph; partial Maritimes & Northeast Pipeline, L.L.C.; technical stay, 61148–61150 conference, 61246 Applications, hearings, determinations, etc.: Forest Service ANR Pipeline Co., 61228–61229 NOTICES CenterPoint Energy - Mississippi River Transmission Appealable decisions; legal notice: Corp., 61229 Intermountain Region, 61197–61198 Columbia Gas Transmission Corp., 61229–61230 Environmental statements; availability, etc.: Dominion Transmission, Inc, 61230–61231 Rio Grande National Forest, CO; public meetings, 61199– El Paso Natural Gas Co., 61231 61200 Gas Transmission Northwest Corp., 61231–61232 Meetings: Grand River Dam Authority, OK, 61232–61233 Intergovernmental Advisory Committee, 61200 Guardian Pipeline, L.L.C., 61233 Resource Advisory Committees— Gulf South Pipeline Co., LP, 61233–61234 Wrangell-Petersburg, 61200–61201 Iroquois Gas Transmission System, L.P., 61234 Kern River Gas Transmission Co., 61234–61235 Health and Human Services Department Maritimes & Northeast Pipeline, L.L.C., 61235 See Agency for Toxic Substances and Disease Registry Northern Natural Gas Co., 61235–61236 See Centers for Disease Control and Prevention Northwest Pipeline Corp., 61236 See Centers for Medicare & Medicaid Services OkTex Pipeline Co., 61237 See Food and Drug Administration Panhandle Eastern Pipe Line Co., LP, 61237 See Health Resources and Services Administration Portland General Electric Co., et al., 61237–61238 See Substance Abuse and Mental Health Services Questar Pipeline Co., 61238 Administration SCG Pipeline, Inc., 61238 Southwest Gas Storage Co., 61238–61239 Health Resources and Services Administration Tennessee Gas Pipeline Co., 61239–61240 NOTICES Texas Eastern Transmission, LP, 61240–61241 Grant and cooperative agreement awards: Texas Gas Transmission, LLC, 61241 Institute for Health Care Improvement, 61258 Tractebel Calypso Pipeline, LLC, 61241–61242 Senior Executive Service: Transcontinental Gas Pipe Line Corp., 61242 Performance Review Board; membership, 61258–61259 Transwestern Pipeline Co., 61243–61244 Trunkline Gas Co., LLC, 61244 Housing and Urban Development Department Viking Gas Transmission Co., 61244–61245 NOTICES Williston Basin Interstate Pipeline Co., 61245–61246 Grants and cooperative agreements; availability, etc.: Wisconsin Electric Power Co., 61246 Homeless assistance; excess and surplus Federal properties, 61259–61261 Federal Maritime Commission NOTICES Interior Department Meetings; Sunshine Act, 61250 See Fish and Wildlife Service See Land Management Bureau Federal Motor Carrier Safety Administration See National Park Service NOTICES See Reclamation Bureau Motor carrier safety standards: Driver qualifications— International Trade Administration Aurandt, Robert L., et al.; vision requirement NOTICES exemptions, 61292–61295 Antidumping: Preserved mushrooms from— Federal Reserve System China and India, 61202–61203 NOTICES Manufacturing Office; 3Rs Initiative (reduce waste, reuse, Agency information collection activities; proposals, and recycle); comment request, 61203 submissions, and approvals, 61250–61252 North American Free Trade Agreement (NAFTA); Banks and bank holding companies: binational panel reviews: Formations, acquisitions, and mergers, 61252 Pure magnesium from— Canada, 61203–61204 Fish and Wildlife Service NOTICES Labor Department Endangered and threatened species and marine mammal See Employment Standards Administration permit applications, 61261–61262 See Veterans Employment and Training Service
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Land Management Bureau Single-employer and multiemployer plans: NOTICES Interest rates and assumptions, 61270–61272 Coal leases, exploration licenses, etc.: Wyoming, 61263–61264 Personnel Management Office Environmental statements; availability, etc.: RULES Clark County Regional Flood Control District, NV; flood Post-employment restrictions; notification, 61143–61144 control master plan, 61264–61265 Reclamation Bureau National Highway Traffic Safety Administration NOTICES RULES Environmental statements; availability, etc.: Motor vehicle safety standards: Sacramento River, CA: settlement contracts; correction, Child restraint systems— 61266 Child restraint anchorage systems, 61154–61155 Securities and Exchange Commission National Oceanic and Atmospheric Administration NOTICES RULES Meetings; Sunshine Act, 61272 Endangered and threatened species: Self-regulatory organizations; proposed rule changes: Sea turtle conservation requirements— American Stock Exchange LLC, 61272–61275 Gulf of Mexico and Atlantic Ocean; turtle excluder National Association of Securities Dealers, Inc., 61275– devices, 61155–61157 61276 Fishery conservation and management: National Futures Association, 61276–61280 West Coast States and Western Pacific fisheries— New York Stock Exchange, Inc., 61280–61289 Pacific Coast groundfish; correction, 61157–61158 Options Clearing Corp., 61289–61291 PROPOSED RULES Hydrographic products and services: Small Business Administration Distributors certification requirements, 61165–61172 NOTICES Quality assurance and certification requirements, 61172– Disaster loan areas: 61180 Alabama, 61291–61292 NOTICES Puerto Rico, 61292 Coastal zone management programs and estuarine State Department sanctuaries: State programs— NOTICES Intent to evaluate performance, 61204–61205 Foreign Assistance Act; determinations: Ocean and coastal resource management: Ethiopia; assistance waiver, 61292 Marine sanctuaries— Foreign terrorists and terrorist organizations; designation: Northwestern Hawaiian Islands Coral Reef Ecosystem Jam’at al Tawhid wa’al-Jihad, 61292 Reserve; reserve operations plan, 61205–61207 Substance Abuse and Mental Health Services Reports and guidance documents; availability, etc.: Administration Integrated Ocean Observing System Development Plan, NOTICES 61207 Agency information collection activities; proposals, National Park Service submissions, and approvals, 61259 NOTICES Surface Transportation Board Meetings: NOTICES Native American Graves Protection and Repatriation Railroad operation, acquisition, construction, etc.: Review Committee, 61265–61266 Idaho Northern & Pacific Railroad Co., 61295
National Science Foundation Textile Agreements Implementation Committee NOTICES See Committee for the Implementation of Textile Meetings: Agreements Polar Programs Advisory Committee, 61268 Social, Behavioral, and Economic Sciences Advisory Toxic Substances and Disease Registry Agency Committee, 61268 See Agency for Toxic Substances and Disease Registry
Nuclear Regulatory Commission Transportation Department NOTICES See Federal Aviation Administration Environmental statements; notice of intent: See Federal Motor Carrier Safety Administration USEC Inc., 61268–61270 See National Highway Traffic Safety Administration See Surface Transportation Board Pension Benefit Guaranty Corporation RULES Treasury Department Single-employer plans: See Alcohol and Tobacco Tax and Trade Bureau Allocation of assets— NOTICES Interest assumptions for valuing and paying benefits, Financial derivatives contracts with foreign residents; 61150–61152 holdings and transactions; Treasury International NOTICES Capital Form D; reporting requirements, 61295–61296 Agency information collection activities; proposals, Foreign securities; U.S. ownership survey; reporting submissions, and approvals, 61270 requirements, 61296
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Veterans Employment and Training Service Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, reminders, President’s National Hire Veterans Committee, 61268 and notice of recently enacted laws. To subscribe to the Federal Register Table of Contents 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 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
5 CFR 730...... 61143 7 CFR Proposed Rules: 1280...... 61159 14 CFR 39...... 61144 97...... 61146 15 CFR Proposed Rules: 995...... 61165 996...... 61172 18 CFR Proposed Rules: 35...... 61180 21 CFR 350...... 61148 29 CFR 4022...... 61150 4044...... 61150 47 CFR 64...... 61152 Proposed Rules: 64...... 61184 76...... 61193 49 CFR 571...... 61154 50 CFR 222...... 61155 223...... 61155 660...... 61157
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Rules and Regulations Federal Register Vol. 69, No. 199
Friday, October 15, 2004
This section of the FEDERAL REGISTER established a new salary-based employment restrictions in 18 U.S.C. contains regulatory documents having general threshold for determining the 207(c). In addition, a grandfather applicability and legal effect, most of which applicability of certain post- provision in section 1125(b)(1) applies are keyed to and codified in the Code of employment conflict-of-interest to certain SES members and other Federal Regulations, which is published under restrictions under 18 U.S.C. 207(c). The individuals for a period of 2 years, 50 titles pursuant to 44 U.S.C. 1510. new salary-based threshold became through November 24, 2005. If such The Code of Federal Regulations is sold by effective on the first day of the first individuals, on November 23, 2003, the Superintendent of Documents. Prices of applicable pay period beginning on or were subject to 18 U.S.C. 207(c) and new books are listed in the first FEDERAL after January 1, 2004 (January 11, 2004, were employed in positions whose rate REGISTER issue of each week. for most employees). As a result of the of basic pay, exclusive of locality higher rates of basic pay established for payments under 5 U.S.C. 5304, was members of the Senior Executive equal to or greater than the rate of basic OFFICE OF PERSONNEL Service (SES) upon conversion to the pay payable for level 5 of the SES (i.e., MANAGEMENT new performance-based SES pay system $134,000), they will be subject to the 1- in January 2004, the vast majority of year post-employment restrictions in 18 5 CFR Part 730 SES members are now subject to the U.S.C. 207(c) until November 24, 2005, RIN 3206–AK60 post-employment restrictions in 18 without regard to any subsequent U.S.C. 207(c). changes in position or pay. If at the end Notification of Post-Employment of the extended coverage period SES Performance-Based Pay System Restrictions (November 24, 2005), a covered AGENCY: Office of Personnel Section 1125(a) of Public Law 108– employee is paid at a rate of basic pay Management. 136 (November 24, 2003) amended 5 that is equal to or greater than 86.5 U.S.C. 5382 to establish a new percent of the rate for level II of the ACTION: Interim rule with request for performance-based pay system for the Executive Schedule, he or she will comments. SES that became effective on the first continue to be subject to the post- SUMMARY: The Office of Personnel day of the first pay period beginning on employment restrictions in 18 U.S.C. Management is issuing interim or after January 1, 2004 (January 11, 207(c). regulations requiring agencies to notify 2004, for most employees). On January The post-employment restrictions in members of the Senior Executive 13, 2004, the Office of Personnel 18 U.S.C. 207(c) require that for 1 year Service (SES) and other employees in Management (OPM) issued interim after service in a covered position ends, senior positions of certain post- regulations (69 FR 2048) to establish the no former employee may knowingly employment conflict-of-interest new SES performance-based pay make, with the intent to influence, any restrictions. Agencies must provide system, prescribe the rules for communication to or appearance before written notification to affected conversion to the new SES pay system, an employee of a department or agency employees of the new salary-based and outline the criteria for providing in which he or she served in any threshold for determining the pay adjustments to SES members on or capacity during the 1-year period prior applicability of the post-employment after the first applicable pay period to ending service in that position, if that conflict-of-interest restrictions. beginning on or after January 1, 2004 communication or appearance is made DATES: Effective Date: January 1, 2004. (January 11, 2004, for most employees). on behalf of any other person (except Applicability Date: The regulations Generally, the employee’s newly the United States) in connection with apply on the first day of the first converted SES rate of basic pay is equal any matter concerning which he or she applicable pay period beginning on or to the rate of basic pay plus any seeks official action by that employee. after October 15, 2004. applicable locality payment to which Employees subject to 18 U.S.C. 207(c) Comment Date: Comments must be the employee was entitled on January also are subject to 18 U.S.C. 207(f), received on or before December 14, 10, 2004. (In cases where the SES which imposes additional restrictions 2004. member’s rate of basic pay, plus any on representing, aiding, or advising applicable locality-based comparability certain foreign entities with the intent to ADDRESSES: Send or deliver comments payment under 5 U.S.C. 5304 to which influence any officer or employee of any to Donald J. Winstead, Deputy Associate the employee was entitled on November department or agency of the United Director for Pay and Performance 24, 2003, was higher, the employee was States. Policy, Office of Personnel Management, entitled to that higher rate upon Agency Notification Requirements Room 7H31, 1900 E Street, NW., conversion to the new SES pay system.) Washington, DC 20415–8200; by FAX at Section 1125(b) also added a new Post-Employment Restrictions (202) 606–0824; or by e-mail at pay- section 7302 to chapter 73 of title 5, [email protected]. Section 1125(b)(1) amended 18 U.S.C. United States Code, to require OPM, in FOR FURTHER INFORMATION CONTACT: For 207(c)(2)(A)(ii) to require SES members consultation with the Attorney General information, please contact Jo Ann and other individuals who are paid at a and the Office of Government Ethics, to Perrini by telephone at (202) 606–2858; rate of basic pay that is equal to or promulgate regulations requiring each by FAX at (202) 606–0824; or by e-mail greater than 86.5 percent of the rate for executive branch agency to provide at [email protected]. level II of the Executive Schedule (i.e., written notification to an employee of SUPPLEMENTARY INFORMATION: Section equal to or greater than $136,757 in that agency who is subject to the post- 1125(b) of Public Law 108–136 2004) to be subject to the post- employment conflict-of-interest
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restrictions in 18 U.S.C. 207(c)(1) as a with the law by consulting with the regard to any subsequent changes in result of the amendment to 18 U.S.C. designated officials and promulgating position or pay. 207(c)(2)(A)(ii). regulations by the deadline imposed by (b) Nothing in this part affects On January 6, 2004, OPM issued a Congress. individuals serving in positions memorandum providing additional described in 18 U.S.C. 207(c)(2)(A)(i), E.O. 12866, Regulatory Review guidance on the new salary-based (iii), (iv), or (v). threshold for determining the This rule has been reviewed by the applicability of certain post- Office of Management and Budget in § 730.104 Notification. employment conflict-of-interest accordance with E.O. 12866. (a) Agencies must provide written restrictions to SES members. (See notification to senior executives and List of Subjects in 5 CFR Part 730 ‘‘Notification of Changes in Post- other individuals covered by the Employment Restrictions Coverage for Government employees. amendment to 18 U.S.C. 207(c)(2)(A)(ii) Members of the Senior Executive Office of Personnel Management. that they are subject to the post- Service (SES)’’ at http://www.opm.gov/ Kay Coles James, employment conflict-of-interest oca/compmemo/2004/2004-01.asp.) In Director. restrictions in 18 U.S.C. 207, before, or that memorandum, OPM encouraged as part of, any personnel action that I Accordingly, OPM is adding a new agencies to identify and notify those affects the employee’s coverage under part 730 to read as follows: SES members who would be covered by 18 U.S.C. 207(c)(1), including when the post-employment restrictions as of PART 730—NOTIFICATION OF POST- employment or service in a covered January 11, 2004. We also provided EMPLOYMENT RESTRICTIONS position is terminated. A copy of the written sample notices that agencies written notice must be provided could use to notify their employees. Sec. simultaneously to the Designated In these interim regulations, we have 730.101 Purpose. Agency Ethics Official (or his or her added a new 5 CFR part 730, which 730.102 Definitions. delegate). The written notice must requires agencies to provide written 730.103 Coverage. include information on the applicable notice to affected employees before, or 730.104 Notification. 730.105 Savings provision. penalties or injunctions that may be as part of, any action that affects the imposed under 18 U.S.C. 216(a), (b), and employee’s coverage under 18 U.S.C. Authority: 5 U.S.C. 7302 and sec. 1125(b) (c) for violations of the post- 207(c)(1), including when employment of the National Defense Authorization Act for employment restrictions in 18 U.S.C. FY 2004, Pub. L. 108–136, 117 Stat. 1392. or service in a covered position is 207(c). The notice also must indicate terminated. A copy of the written notice § 730.101 Purpose. that employees covered by 18 U.S.C. must be provided simultaneously to the This part implements 5 U.S.C. 7302, 207(c) are subject to 18 U.S.C. 207(f), Designated Agency Ethics Official (or a which requires agencies to provide which imposes additional post- delegate) for the agency involved. The written notice to senior executives and employment restrictions on notices are to be retained for the other individuals covered by 18 U.S.C. representing, aiding, or advising certain particular individual as part of the OGE/ 207(c)(2)(A)(ii) that they are subject to foreign entities. GOVT–1 Governmentwide System of certain post-employment conflict-of- (b) Notwithstanding paragraph (a) of Records. (See 68 FR 3098 (January 22, interest restrictions in 18 U.S.C. 207(c). this section, the post-employment 2003) (Privacy Act system notice).) restrictions in 18 U.S.C. 207(c) apply to However, post-employment restrictions § 730.102 Definitions. covered employees without regard to apply to covered employees whether or Agency means an Executive agency as whether they receive written notice not they receive a written notice from defined in 5 U.S.C. 105, but does not from their employing agency. their agencies. include the General Accounting Office. § 730.105 Savings provision. Regulatory Flexibility Act Senior executive means a member of the Senior Executive Service (SES). Any post-employment restrictions I certify that these regulations will not established under 18 U.S.C. 207 and have a significant economic impact on § 730.103 Coverage. applicable prior to the first day of the a substantial number of small entities (a) The following individuals are first pay period beginning on or after because they will apply only to Federal subject to the post-employment conflict- January 1, 2004, remain in effect. agencies and employees. of-interest restrictions in 18 U.S.C. 207(c), as amended by section [FR Doc. 04–23194 Filed 10–14–04; 8:45 am] Waiver of Notice of Proposed 1125(b)(1) of the National Defense BILLING CODE 6325–39–P Rulemaking Authorization Act for FY 2004: Pursuant to sections 553(b)(3)(B) and (1) Any individual, including a senior (d)(3), of title 5, United States Code, I executive, who is paid at a rate of basic DEPARTMENT OF TRANSPORTATION find that good cause exists for waiving pay equal to or greater than 86.5 percent the general notice of proposed of the rate for level II of the Executive Federal Aviation Administration rulemaking and for making this rule Schedule; and effective in less than 30 days. These (2) Any individual, including a senior 14 CFR Part 39 regulations implement section 1125(b) executive, who as of November 23, [Docket No. 2003–NE–68–AD; Amendment of Public Law 108–136, which requires 2003, was paid at a rate of basic pay, 39–13825; AD 2004–21–04] OPM, in consultation with the Attorney exclusive of any locality-based General and the Office of Government comparability payments under 5 U.S.C. RIN 2120–AA64 Ethics, to promulgate regulations no 5304, equal to or greater than the rate of Airworthiness Directives; Becker later than 180 days after the law’s basic pay for level 5 of the Senior Flugfunkwerk GmbH AR 4201 VHF AM effective date (by May 24, 2004). The Executive Service on that date (i.e., Transceivers waiver of the two requirements in $134,000). These employees are subject sections 553(b)(3)(B) and (d)(3) is to the post-employment restrictions AGENCY: Federal Aviation necessary in order for OPM to comply through November 24, 2005, without Administration (FAA), DOT.
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ACTION: Final rule. Conclusion Authority: 49 U.S.C. 106(g), 40113, 44701. We have carefully reviewed the SUMMARY: The FAA is adopting a new § 39.13 [Amended] available data and determined that air airworthiness directive (AD) for certain I 2. The Federal Aviation safety and the public interest require Becker Flugfunkwerk GmbH AR 4201 Administration (FAA) amends § 39.13 by adopting the AD as proposed. VHF AM transceivers. This AD requires adding the following new airworthiness adding an aircraft flight manual (AFM) Costs of Compliance directive (AD): limitation to the Limitations Section of There are 9,349 Becker Flugfunkwerk 2004–21–04 Becker Flugfunkwerk GmbH: the AFM, and cockpit placard due to the GmbH AR 4201 VHF AM transceivers of Amendment 39–13825. Docket No. intermittent malfunctioning of the the affected design in the worldwide 2003–NE–68–AD. transceiver, or removing the affected fleet. There are about 1,000 transceivers Effective Date transceiver from service. This AD installed on aircraft of U.S. registry. We results from reports of crewmembers (a) This AD becomes effective November estimate that it would take about 2 work 19, 2004. having difficulty communicating with hours per transceiver to inspect and or Air Traffic Control and other aircraft remove a transceiver from service, and Affected ADs due to the AR 4201 VHF AM that the average labor rate is $65 per (b) None. transceiver’s inability to block work hour. The average retail cost of an Applicability interference from transmitters operating AR 4201 transceiver is $1,149. If all on frequencies other than those set in transceivers were replaced, the total (c) This AD applies to Becker the transceiver. We are issuing this AD Flugfunkwerk GmbH AR 4201 VHF AM purchase cost would be about transceivers, with serial numbers (SNs) 0150 to prevent difficulty in communicating $1,149,000. Based on these figures, the through 9499. with Air Traffic Control and other total cost of the AD to U.S. operators to aircraft due to intermittent replace transceivers is estimated to be Unsafe Condition malfunctioning of the transceiver. $1,279,000. (d) This AD results from reports of crewmembers having difficulty DATES: This AD becomes effective Regulatory Findings communicating with Air Traffic Control and November 19, 2004. We have determined that this AD will other aircraft due to the AR 4201 VHF AM ADDRESSES: You may examine the AD not have federalism implications under transceiver’s inability to block interference from transmitters operating on frequencies Docket at the FAA, New England Executive Order 13132. This AD will Region, Office of the Regional Counsel, other than those set in the transceiver. We are not have a substantial direct effect on issuing this AD to prevent difficulty in 12 New England Executive Park, the States, on the relationship between communicating with Air Traffic Control and Burlington, MA. the national government and the States, other aircraft due to intermittent FOR FURTHER INFORMATION CONTACT: or on the distribution of power and malfunctioning of the transceiver. David Setser, Aerospace Engineer, responsibilities among the various Compliance Boston Aircraft Certification Office, levels of government. For the reasons discussed above, I (e) You are responsible for having the FAA, Engine and Propeller Directorate, actions required by this AD performed within 12 New England Executive Park, certify that this AD: (1) Is not a ‘‘significant regulatory five days after the effective date of this AD, Burlington, MA 01803–5299; telephone unless the actions have already been done. (781) 238–7173; fax (781) 238–7170. action’’ under Executive Order 12866; (f) For installed Becker Flugfunkwerk (2) Is not a ‘‘significant rule’’ under SUPPLEMENTARY INFORMATION: The FAA GmbH AR 4201 VHF AM transceivers, DOT Regulatory Policies and Procedures inspect the SN. If the transceiver does not proposed to amend 14 CFR part 39 with (44 FR 11034, February 26, 1979); and have an affected SN, no further action is a proposed airworthiness directive (AD). (3) Will not have a significant required. The proposed AD applies to Becker economic impact, positive or negative, (g) If the transceiver has an affected SN, Flugfunkwerk GmbH AR 4201 VHF AM on a substantial number of small entities and does not have Change Index 02 or higher transceivers. We published the under the criteria of the Regulatory index number marked on it, do the following: proposed AD in the Federal Register on Flexibility Act. (1) Add an aircraft flight manual (AFM) May 20, 2004 (69 FR 29108). That action We prepared a summary of the costs limitation to the Limitations Section of the proposed to require adding an aircraft to comply with this AD and placed it in AFM, that restricts transceiver usage to VFR operations, and add a placard to the cockpit flight manual (AFM) limitation to the the AD Docket. You may get a copy of within view of the pilot that states, in 1⁄4 Limitations Section of the AFM, and this summary by sending a request to us inch-high or higher characters, ‘‘Use of cockpit placard due to the intermittent at the address listed under ADDRESSES. Becker Comm Equipment AR 4201 is malfunctioning of the transceiver, or Include ‘‘AD Docket No. 2003–NE–68– restricted to VFR operations’’; or removing the affected transceiver from AD’’ in your request. (2) Remove the transceiver from service. service. (h) After the effective date of this AD, do List of Subjects in 14 CFR Part 39 Examining the AD Docket: You may not install any Becker Flugfunkwerk GmbH AR 4201 VHF AM transceiver with an examine the AD Docket (including any Air transportation, Aircraft, Aviation safety, Safety. affected SN that does not have Change Index comments and service information), by 02 or higher index number marked on it, appointment, between 8 a.m. and 4:30 Adoption of the Amendment unless it was removed to determine the SN p.m., Monday through Friday, except or to check for Change Index 02 or higher I Federal holidays. See ADDRESSES for the Accordingly, under the authority index number. location. delegated to me by the Administrator, the FAA amends 14 CFR part 39 as Terminating Action Comments follows: (i) If you later install a transceiver that is not listed in this AD or install a transceiver We provided the public the PART 39—AIRWORTHINESS that is marked with Change Index 02 or opportunity to participate in the DIRECTIVES higher index number, remove the limitation development of this AD. We received no from the Limitations Section of the AFM, and comments on the proposal or on the I 1. The authority citation for part 39 placard if present, that are specified in determination of the cost to the public. continues to read as follows: paragraph (g)(1).
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Alternative Methods of Compliance 1. FAA Rules Docket, FAA publishers of aeronautical materials. (j) The Manager, Boston Aircraft Headquarters Building, 800 Thus, the advantages of incorporation Certification Office, has the authority to Independence Avenue, SW., by reference are realized and approve alternative methods of compliance Washington, DC 20591; publication of the complete description for this AD if requested using the procedures 2. The FAA Regional Office of the of each SIAP contained in FAA form found in 14 CFR 39.19. region in which the affected airport is documents is unnecessary. The Material Incorporated by Reference located; provisions of this amendment state the (k) None. 3. The Flight Inspection Area Office affected CFR (and FAR) sections, with which originated the SIAP; or, the types and effective dates of the Related Information 4.The National Archives and Records SIAPs. This amendment also identifies (l) LBA airworthiness directive No. 2003– Administration (NARA). For the airport, its location, the procedure 234, dated August 21, 2003, and Becker information on the availability of this identification and the amendment Flugfunkwerk GmbH Service Bulletin No. AR material at NARA, call 202–741–6030, number. 4201–01/03; dated July 22, 2003, also pertain to the subject of this AD. or go to: http://www.archives.gov/ federal_register/ The Rule Issued in Burlington, Massachusetts, on code_of_federal_regulations/ This amendment to part 97 is effective October 8, 2004. ibr_locations.html. upon publication of each separate SIAP Jay J. Pardee, For Purchase—Individual SIAP as contained in the transmittal. Some Manager, Engine and Propeller Directorate, copies may be obtained from: SIAP amendments may have been Aircraft Certification Service. 1. FAA Public Inquiry Center (APA– previously issued by the FAA in a [FR Doc. 04–23143 Filed 10–14–04; 8:45 am] 200), FAA Headquarters Building, 800 National Flight Data Center (NFDC) BILLING CODE 4910–13–P Independence Avenue, SW., Notice to Airmen (NOTAM) as an Washington, DC 20591; or emergency action of immediate flight 2. The FAA Regional Office of the safety relating directly to published DEPARTMENT OF TRANSPORTATION region in which the affected airport is aeronautical charts. The circumstances located. Federal Aviation Administration which created the need for some SIAP By Subscription—Copies of all SIAPs, amendments may require making them mailed once every 2 weeks, are for sale 14 CFR Part 97 effective in less than 30 days. For the by the Superintendent of Documents, remaining SIAPs, an effective date at [Docket No. 30425; Amdt. No. 3106] U.S. Government Printing Office, least 30 days after publication is Washington, DC 20402. provided. Standard Instrument Approach FOR FURTHER INFORMATION CONTACT: Further, the SIAPs contained in this Procedures; Miscellaneous Donald P. Pate, Flight Procedure Amendments amendment are based on the criteria Standards Branch (AMCAFS–420), contained in the U.S. Standard for AGENCY: Federal Aviation Flight Technologies and Programs Terminal Instrument Procedures Administration (FAA), DOT. Division, Flight Standards Service, (TERPS). In developing these SIAPs, the ACTION: Final rule. Federal Aviation Administration, Mike TERPS criteria were applied to the Monroney Aeronautical Center, 6500 conditions existing or anticipated at the SUMMARY: This amendment establishes, South MacArthur Blvd., Oklahoma City, affected airports. Because of the close amends, suspends, or revokes Standard OK 73169 (Mail Address: P.O. Box and immediate relationship between Instrument Approach Procedures 25082 Oklahoma City, OK 73125) these SIAPs and safety in air commerce, (SIAPs) for operations at certain telephone: (405) 954–4164. I find that notice and public procedure airports. These regulatory actions are SUPPLEMENTARY INFORMATION: This before adopting these SIAPs are needed because of the adoption of new amendment to part 97 of the Federal impracticable and contrary to the public or revised criteria, or because of changes Aviation Regulations (14 CFR part 97) interest and, where applicable, that occurring in the National Airspace establishes, amends, suspends, or good cause exists for making some System, such as the commissioning of revokes Standard Instrument Approach SIAPs effective in less than 30 days. new navigational facilities, addition of Procedures (SIAPs). The complete Conclusion new obstacles, or changes in air traffic regulatory description of each SIAP is requirements. These changes are contained in official FAA form The FAA has determined that this designed to provide safe and efficient documents which are incorporated by regulation only involves an established use of the navigable airspace and to reference in this amendment under 5 body of technical regulations for which promote safe flight operations under U.S.C. 552(a), 1 CFR part 51, and § 97.20 frequent and routine amendments are instrument flight rules at the affected of the Federal Aviation Regulations necessary to keep them operationally airports. (FAR). The applicable FAA Forms are current. It, therefore—(1) Is not a DATES: This rule is effective October 15, identified as FAA Forms 8260–3, 8260– ‘‘significant regulatory action’’ under 2004. The compliance date for each 4, and 8260–5. Materials incorporated Executive Order 12866; (2) is not a SIAP is specified in the amendatory by reference are available for ‘‘significant rule’’ under DOT provisions. examination or purchase as stated Regulatory Policies and Procedures (44 The incorporation by reference of above. FR 11034; February 26, 1979); and (3) certain publications listed in the The large number of SIAPs, their does not warrant preparation of a regulations is approved by the Director complex nature, and the need for a regulatory evaluation as the anticipated of the Federal Register as of October 15, special format make their verbatim impact is so minimal. For the same 2004. publication in the Federal Register reason, the FAA certifies that this ADDRESSES: Availability of matters expensive and impractical. Further, amendment will not have a significant incorporated by reference in the airmen do not use the regulatory text of economic impact on a substantial amendment is as follows: the SIAPs, but refer to their graphic number of small entities under the For Examination— depiction on charts printed by criteria of the Regulatory Flexibility Act.
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List of Subjects in 14 CFR Part 97 San Francisco, CA, San Francisco Intl, RNAV Greensboro, NC, Piedmont Triad Intl, RNAV (GPS) RWY 28L, Orig-B (GPS) RWY 23, Amdt 1 Air Traffic Control, Airports, San Francisco, CA, San Francisco Intl, RNAV Greensboro, NC, Piedmont Triad Intl, RNAV Incorporation by reference, and (GPS) RWY 28R, Amdt 1B (GPS) RWY 5, Amdt 1 Navigation (Air). San Jose, CA, Norman Y. Mineta San Jose Greensboro, NC, Piedmont Triad Intl, RNAV Issued in Washington, DC, on September International, RNAV (GPS) RWY 30R, Orig- (GPS) RWY 14, Amdt 1 23, 2004. B Greensboro, NC, Piedmont Triad Intl, RNAV San Jose, CA, Norman Y. Mineta San Jose (GPS) RWY 32, Amdt 1 James J. Ballough, International, RNAV (GPS) RWY 29, Orig- Fargo, ND, Hector Intl, RNAV (GPS) RWY 9, Director, Flight Standards Service. B Orig Adoption of the Amendment Susanville, CA, Susanville Muni, RNAV Fargo, ND, Hector Intl, RNAV (GPS) RWY 18, (GPS) RWY 29, Orig-A Orig I Accordingly, pursuant to the authority Susanville, CA, Susanville Muni, RNAV Fargo, ND, Hector Intl, RNAV (GPS) RWY 27, delegated to me, part 97 of the Federal (GPS)-A, Orig-A Orig Aviation Regulations (14 CFR part 97) is St Marys, GA, St Marys, RNAV (GPS) RWY Fargo, ND, Hector Intl, RNAV (GPS) RWY 36, 13, Orig amended by establishing, amending, Orig St Marys, GA, St Marys, RNAV (GPS) RWY Fargo, ND, Hector Intl, RNAV (GPS) RWY 8, suspending, or revoking Standard 31, Orig Orig, CANCELLED Instrument Approach Procedures, Agana, GU, Guam International, RNAV (GPS) Fargo, ND, Hector Intl, RNAV (GPS) RWY 17, effective at 0901 UTC on the dates RWY 6R, Orig-A Orig, CANCELLED specified, as follows: Agana, GU, Guam International, RNAV (GPS) Fargo, ND, Hector Intl, RNAV (GPS) RWY 26, Z RWY 6L, Orig-B Orig-A, CANCELLED PART 97— STANDARD INSTRUMENT Agana, GU, Guam International, RNAV (GPS) Fargo, ND, Hector Intl, RNAV (GPS) RWY 35, APPROACH PROCEDURES RWY 24R, Orig-A Orig-B, CANCELLED Agana, GU, Guam International, RNAV (GPS) Fargo, ND, Hector Intl, ILS OR LOC RWY 18, I 1. The authority citation for part 97 RWY 24L, Orig-A Orig continues to read as follows: Lihue, HI, Lihue, RNAV (GPS) RWY 17, Orig- Fargo, ND, Hector Intl, ILS OR LOC RWY 36, A Authority: 49 U.S.C. 106(g), 40103, 40106, Orig Lihue, HI, Lihue, RNAV (GPS) RWY 21, Orig- Fargo, ND, Hector Intl, ILS RWY 17, Amdt 40113, 40114, 40120, 44502, 44514, 44701, A 44719, 44721–44722. 4D, CANCELLED Fort Wayne, IN, Fort Wayne Intl, VOR OR Fargo, ND, Hector Intl, ILS RWY 35, Amdt TACAN RWY 23, Amdt 13 I 2. Part 97 is amended to read as 32E, CANCELLED Indianapolis, IN, Greenwood Muni, NDB follows: Fargo, ND, Hector Intl, NDB RWY 17, Amdt RWY 1, Amdt 3 14C, CANCELLED * * * Effective October 28, 2004 Indianapolis, IN, Greenwood Muni, VOR–A, Fargo, ND, Hector Intl, VOR OR TACAN Amdt 5 San Francisco, CA, San Francisco Intl, LDA RWY 35, Amdt 12C, CANCELLED Indianapolis, IN, Greenwood Muni, RNAV PRM RWY 28R, Orig-A, (Simultaneous Fargo, ND, Hector Intl, NDB RWY 18, Orig Close Parallel) (GPS) RWY 1, Orig Indianapolis, IN, Greenwood Muni, RNAV Fargo, ND, Hector Intl, VOR/DME OR San Francisco, CA, San Francisco Intl, ILS TACAN RWY 18, Amdt 1 PRM RWY 28L, Orig-A (Simultaneous (GPS) RWY 19, Orig Indianapolis, IN, Greenwood Muni, GPS Fargo, ND, Hector Intl, VOR OR TACAN Close Parallel) RWY 36, Orig Claremore, OK, Claremore Regional, RNAV RWY 19, Orig, CANCELLED Washington, IN, Daviess County, NDB RWY Fargo, ND, Hector Intl, RADAR–1, Amdt 11 (GPS) RWY 35, Amdt 1 Cleveland, OH, Cleveland-Hopkins Intl, ILS Claremore, OK, Claremore Regional, VOR/ 18, Amdt 7 Washington, IN, Daviess County, RNAV OR LOC RWY 6R, Amdt 19B, ILS RWY 6R DME–A, Amdt 2 (CAT II), Amdt 19B, ILS RWY 6R (CAT III), Claremore, OK, Claremore Regional, VOR/ (GPS) RWY 18, Orig Washington, IN, Daviess County, GPS RWY Amdt 19B DME–B, Amdt 3 Kent, OH, Kent State University, RNAV Bennington, VT, William H. Morse State, 18, Orig, CANCELLED Hyannis, MA, Barnstable Muni-Boardman/ (GPS) RWY 1, Orig VOR RWY 13, Orig Kent, OH, Kent State University, RNAV Bennington, VT, William H. Morse State, Polando Field, VOR RWY 6, Amdt 8 (GPS) RWY 19, Orig VOR–A, Amdt 9, CANCELLED Grand Haven, MI, Grand Haven Meml Kent, OH, Kent State University, NDB RWY Bennington, VT, William H. Morse State, Airpark, VOR–A, Amdt 16 1, Amdt 12 RNAV (GPS) RWY 13, Orig-A Grand Haven, MI, Grand Haven Meml Airpark, VOR/DME RNAV RWY 27, Amdt Kent, OH, Kent State University, VOR–A, * * * Effective November 25, 2004 6 Amdt 13 Nulato, AK, Nulato, RNAV (GPS) RWY 2, Grand Haven, MI, Grand Haven Meml Kent, OH, Kent State University, GPS RWY Orig Airpark, RNAV (GPS) RWY 9, Orig 19, Orig, CANCELLED Nulato, AK, Nulato, RNAV (GPS) RWY 20, Grand Haven, MI, Grand Haven Meml Norman, OK, University of Oklahoma Orig Airpark, RNAV (GPS) RWY 27, Orig Westheimer, ILS OR LOC RWY 17, Orig Apple Valley, CA, Apple Valley, RNAV Hancock, MI, Houghton County Memorial, College Station, TX, Easterwood Field, RNAV (GPS) RWY 18, Orig-A VOR RWY 13, Amdt 16 (GPS) RWY 34, Orig Hemet, CA, Hemet-Ryan, RNAV (GPS) RWY Hancock, MI, Houghton County Memorial, College Station, TX, Easterwood Field, RNAV 5, Orig-A RNAV (GPS) RWY 13, Orig (GPS) RWY 28, Orig Cloverdale, CA, Cloverdale Muni, RNAV Clinton, NC, Sampson County, RNAV (GPS) College Station, TX, Easterwood Field, RNAV (GPS) RWY 32, Orig-A RWY 6, Orig (GPS) RWY 10, Orig Napa, CA, Napa County, RNAV (GPS) RWY Clinton, NC, Sampson County, RNAV (GPS) College Station, TX, Easterwood Field, RNAV 6, Orig-A RWY 24, Orig (GPS) RWY 16, Orig Ramona, CA, Ramona, RNAV (GPS) RWY 9, Clinton, NC, Sampson County, LOC RWY 6, College Station, TX, Easterwood Field, ILS Orig-A Amdt 1 OR LOC RWY 34, Amdt 12 San Carlos, CA, San Carlos, RNAV (GPS) Clinton, NC, Sampson County, NDB RWY 6, College Station, TX, Easterwood Field, NDB RWY 30, Orig-A Amdt 6 RWY 34, Amdt 12 San Francisco, CA, San Francisco Intl, RNAV Clinton, NC, Sampson County, VOR/DME–A, College Station, TX, Easterwood Field, VOR (GPS) Z RWY 10R, Orig-B Amdt 5 OR TACAN RWY 10, Amdt 19 San Francisco, CA, San Francisco Intl, RNAV Clinton, NC, Sampson County, GPS RWY 6, College Station, TX, Easterwood Field, LOC (GPS) Z RWY 19R, Orig-B Orig, CANCELLED BC RWY 16, Amdt 6 San Francisco, CA, San Francisco Intl, RNAV Clinton, NC, Sampson County, GPS RWY 24, College Station, TX, Easterwood Field, VOR/ (GPS) Z RWY 19L, Orig-B Orig, CANCELLED DME RWY 28, Amdt 13
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College Station, TX, Easterwood Field, GPS DEPARTMENT OF HEALTH AND • E-mail: [email protected]. RWY 10, Orig-A, CANCELLED HUMAN SERVICES Include Docket No. 1978N–0064 in the College Station, TX, Easterwood Field, GPS subject line of your e-mail message. RWY 16, Orig, CANCELLED Food and Drug Administration • FAX: 301–827–6870. College Station, TX, Easterwood Field, GPS • Mail/Hand delivery/Courier [For RWY 28, Orig, CANCELLED 21 CFR Part 350 paper, disk, or CD-ROM submissions]: College Station, TX, Easterwood Field, GPS Division of Dockets Management, 5630 RWY 34, Orig-A, CANCELLED [Docket No. 1978N–0064] Fishers Lane, rm. 1061, Rockville, MD Eagle Lake, TX, Eagle Lake, RNAV (GPS) 20852. RWY 17, Orig RIN 0910–AC89 Instructions: All submissions received Eagle Lake, TX, Eagle Lake, RNAV (GPS) must include the agency name and RWY 35, Orig Antiperspirant Drug Products for Over- Docket No. 1978N–0064. All comments Eagle Lake, TX, Eagle Lake, VOR RWY 17, the-Counter Human Use; Final received will be posted without change Amdt 5 Monograph; Partial Stay; Reopening of to http://www.fda.gov/dockets/ El Paso, TX, El Paso Intl, VOR RWY 26L, the Administrative Record ecomments, including any personal Amdt 30 information provided. For detailed Houston, TX, William P. Hobby, NDB RWY AGENCY: Food and Drug Administration, instructions on submitting comments 4, Amdt 33, CANCELLED HHS. and additional information on the Lawrenceville, VA, Lawrenceville/Brunswick ACTION: Final rule; partial stay; rulemaking process, see the Muni, RNAV (GPS) RWY 18, Orig reopening of the administrative record. ‘‘Comments’’ heading of the Lawrenceville, VA, Lawrenceville/Brunswick SUPPLEMENTARY INFORMATION section of Muni, RNAV (GPS) RWY 36, Orig SUMMARY: The Food and Drug this document. Sheboygan, WI, Sheboygan County Administration (FDA) is staying part of Docket: For access to the docket to Memorial, RNAV (GPS) RWY 3, Orig the final monograph (FM) for over-the- read background documents or Sheboygan, WI, Sheboygan County counter (OTC) antiperspirant drug comments received, go to http:// Memorial, RNAV (GPS) RWY 13, Orig products that published in the Federal www.fda.gov/dockets/ecomments and/ Sheboygan, WI, Sheboygan County Register on June 9, 2003 (68 FR 34273). or the Division of Dockets Management, Memorial, RNAV (GPS) RWY 31, Orig The FM established conditions under Sturgeon Bay, WI, Door County Cherryland, 5630 Fishers Lane, rm. 1061, Rockville, which OTC antiperspirant drug MD 20852. NDB RWY 2, Amdt 11 products are generally recognized as FOR FURTHER INFORMATION CONTACT: Xin Sturgeon Bay, WI, Door County Cherryland, safe and effective (GRASE) and not Zhou, Center for Drug Evaluation and SDF RWY 2, Amdt 7 misbranded. This partial stay applies Research (HFD–560), Food and Drug Sturgeon Bay, WI, Door County Cherryland, only to the labeling claims for enhanced Administration, 5600 Fishers Lane, RNAV (GPS) RWY 2, Orig duration in § 350.50(b)(3) and (b)(5) (21 Rockville, MD 20857, 301–827–2222. Sturgeon Bay, WI, Door County Cherryland, CFR 350.50(b)(3) and (b)(5)). In RNAV (GPS) RWY 10, Orig addition, FDA is reopening the SUPPLEMENTARY INFORMATION: Sturgeon Bay, WI, Door County Cherryland, administrative record for the rulemaking I. Background RNAV (GPS) RWY 20, Orig on OTC antiperspirant drug products to Sturgeon Bay, WI, Door County Cherryland, allow for comment and data specifically In the Federal Register of October 10, RNAV (GPS) RWY 28, Orig on the information requested in this 1978 (43 FR 46694), FDA published an Afton, WY, Afton Muni, RNAV (GPS) RWY document. FDA is taking this action in advance notice of proposed rulemaking 16, Amdt 1 response to a citizen petition containing (ANPRM) to establish a monograph for Afton, WY, Afton Muni, RNAV (GPS) RWY data demonstrating that FDA’s OTC antiperspirant drug products, 34, Amdt 1 effectiveness testing guidelines for OTC together with the recommendations of The FAA published several Amendments antiperspirant drug products may the Advisory Review Panel on OTC in Docket No. 30424, Amdt No. 3105 to Part support an enhanced duration claim Antiperspirant Drug Products (the 97 of the Federal Aviation Regulations (Vol greater than 24 hours. This action is part Panel), which evaluated the data on 69, FR No. 181, Pages 56161–56163; dated of FDA’s ongoing review of OTC drug these products. The Panel classified Monday, September 20, 2004) under Section products. claims for enhanced duration of effect as 97.33 effective November 25, 2004 which are Category III (more data needed) because hereby rescinded in their entirety: DATES: This rule is effective December 9, the Panel did not receive any scientific Payson, AZ, Payson, RNAV (GPS)–A, Amdt 2004. The limitation of the enhanced data to support a claim of prolonged or 1A duration claim to 24 hours (21 CFR enhanced duration of effect (43 FR Inyokern, CA, Inyokern, RNAV (GPS) Y RWY 350.50(b)(3) and (b)(5)) is stayed until 46694 at 46728). 2, Orig-A further notice. In the Federal Register of August 20, Battle Mountain, NV, Battle Mountain, RNAV Submit written or electronic 1982 (47 FR 36492), FDA issued a (GPS) RWY 3, Orig-A comments and data by April 13, 2005. proposed rulemaking or tentative final The administrative record will remain [FR Doc. 04–22945 Filed 10–14–04; 8:45 am] monograph (TFM) for OTC open until April 13, 2005. antiperspirant drug products. To BILLING CODE 4910–13–P ADDRESSES: You may submit comments, standardize the antiperspirant drug identified by Docket No. 1978N–0064 by product effectiveness test, FDA also any of the following methods: issued guidelines for effectiveness • Federal eRulemaking Portal: http:// testing of antiperspirant drug products www.regulations.gov. Follow the (47 FR 36492 at 36504). However, FDA instructions for submitting comments. did not include testing • Agency Web site: http:// recommendations for an enhanced www.fda.gov/dockets/ecomments. duration claim in these guidelines Follow instructions for submitting because the Panel had not comments on the agency Web site. recommended such guidelines and FDA
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received no comments on this subject in and comment because it constitutes a Dockets Management (see ADDRESSES). response to publication of the ANPRM. rule of procedure under 5 U.S.C. These guidelines are available at http:/ In response to the TFM, FDA received 553(b)(3)(A). Alternatively, FDAs /www.fda.gov/cder/otc/index.htm. data from 15 studies to support implementation of this action without Second, studies should be conducted enhanced duration claims. FDA found opportunity for public comment comes using antiperspirant drug products that the studies supportive of a 24-hour or within the good cause exceptions in 5 contain active ingredients listed in all day protection claim and included U.S.C. 553(b)(3)(B) and (d)(3) in that § 350.10. The test product ingredient such a claim in § 350.50(b)(3) and (b)(5) obtaining public comment is and strength must be identified in the of the FM. However, FDA stated that impracticable, unnecessary, and data submitted to FDA. claims of enhanced duration for more contrary to the public interest. FDA is Third, FDA encourages interested than 24 hours are nonmonograph staying the enhanced duration claim parties to conduct enhanced duration because FDA had not received any data limitation of 24 hours in § 350.50(b)(3) effectiveness tests using different active to demonstrate antiperspirant and (b)(5) because FDA received and is ingredients and dosage forms. These effectiveness for more than 24 hours reviewing data demonstrating an data will demonstrate that enhanced according to the Panel’s criteria (68 FR enhanced duration claim greater than 24 duration claims determined by the 34273 at 34278). hours. FDA is also reopening the testing guidelines are applicable to multiple active ingredient and dosage II. Partial Stay of Part 350 administrative record and inviting the submission of additional comments and forms. Fourth, FDA would like data Following publication of the data related to the effectiveness of submitted from different testing antiperspirant FM, a drug manufacturer antiperspirant drug products for more laboratories. Ideally, the same and an association representing than 24 hours. Following evaluation of antiperspirant drug product will be manufacturers submitted citizen submitted comments and data, FDA will tested at multiple laboratories, to petitions disagreeing with FDA’s propose amendments to § 350.50(b)(3) validate the reproducibility of the decision to limit the enhanced duration and (b)(5) and possibly other sections of testing results. claim to 24 hours (Refs. 1 and 2). part 350. Thus, there will be an Fifth, FDA believes that the test Neither petition contained any opportunity for public comment on subject panel composition should reflect effectiveness testing data to support enhanced duration claims greater than consumer demographics (Ref. 4) enhanced duration claims beyond 24 24 hours within proposed amendments although the testing guidelines do not hours. However, the manufacturer to part 350. In this final rule, FDA is specify the panel composition. subsequently submitted such data from providing an opportunity for comment Although the testing guidelines do not two studies (Ref. 3). on whether this partial stay should be specify the panel composition, FDA FDA evaluated the data and the modified or revoked. would like data from roughly equal results demonstrate that a roll-on and a numbers of men and women. It would solid stick antiperspirant drug product III. Information Requested also be informative if submitted studies are extra effective for 48 hours duration In the antiperspirant FM, FDA stated also identified race or ethnicity of (i.e., sweat was reduced by at least 30 that claims of enhanced duration for subjects. FDA would like to assure that percent in the majority of subjects up to more than 24 hours are nonmonograph the submitted study results demonstrate 48 hours after antiperspirant because FDA did not receive any data to enhanced duration of effectiveness for application). The protocol in the two demonstrate antiperspirant effectiveness the entire consumer population, not just studies followed FDA’s testing for more than 24 hours (68 FR 34273 at a subset of the population. guidelines, with no significant 34278). Because FDA has now received Sixth, FDA is interested in reviewing deviations from those guidelines. The data demonstrating antiperspirant data for antiperspirant drug products antiperspirant drug products used in the product effectiveness for 48 hours, FDA with standard effectiveness as well as studies contained an active ingredient at is reopening the administrative record products with extra effectiveness. FDA a concentration allowed under the to provide for additional submission of would like to determine whether antiperspirant FM (§ 350.10 (21 CFR data and comments on enhanced enhanced duration claims are limited to 350.10)). Thus, FDA believes the study duration effectiveness claims for extra effective antiperspirant drug results suggest that FDA’s testing antiperspirant drug products. FDA products or whether enhanced duration guidelines can be used to test enhanced would like to evaluate additional data claims also apply to standard duration claims of up to 48 hours. demonstrating antiperspirant (effectiveness) antiperspirant drug Accordingly, FDA is staying the effectiveness beyond 24 hours before products. enhanced duration claim limitation of including enhanced duration claims for B. Labeling Questions 24 hours (in § 350.50(b)(3) and (b)(5)) so longer time periods (e.g., 48 hours) in that products labeled for enhanced the FM. FDA will only include In addition to data demonstrating an duration claims greater than 24 hours enhanced duration claims in the FM for enhanced duration claim beyond 24 and up to 48 hours can continue to be time periods for which appropriate data hours, FDA requests comments on marketed while FDA reviews additional have been submitted to demonstrate labeling related to products having such data on such claims. Manufacturers effectiveness. a claim. Currently, products making such claims for their products demonstrating enhanced duration are should have supporting test data in their A. Testing Conditions allowed to contain a statement such as files. FDA will consider allowing To determine whether enhanced ‘‘last 24 hours’’ (§ 350.50(b)(3) and enhanced duration claims of greater duration claims of effectiveness beyond (b)(5)) to inform consumers about the than 48 hours after it receives and 24 hours are GRASE, FDA strongly duration of effectiveness. However, evaluates data supporting such claims. encourages manufacturers to submit there are no specific direction This stay will remain in effect until data that meet the following six statements about how frequently to further documentation is provided in a conditions. First, studies should be apply the product. The directions in future issue of the Federal Register. conducted according to the testing § 350.50(d) simply state ‘‘apply to To the extent that 5 U.S.C. 553 applies guidelines referenced in 21 CFR 350.60, underarms only.’’ For products to this action, it is exempt from notice which are on file in the Division of demonstrating effectiveness for greater
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than 24 hours (one day), additional or subject to review under the Executive contain policies that have federalism alternative labeling may be necessary. order. FDA has determined that the final implications as defined in the Executive FDA would like comments regarding rule does not have a significant order and, consequently, a federalism labeling, such as the following: economic impact on a substantial summary impact statement is not • How often to apply the product, number of small entities. The Unfunded required. • The effect of bathing or showering Mandates Reform Act does not require before the duration of effect period FDA to prepare a statement of costs and VIII. Request for Comments ends, and benefits for this final rule, because this Interested persons may submit written • Whether any other special labeling final rule is not expected to result in any or electronic comments regarding this should apply to products with a 1-year expenditure that would exceed rule to the Division of Dockets duration of effect greater than 24 hours. $100 million adjusted for inflation. Management (see ADDRESSES). Three FDA also requests comments on The purpose of this final rule is to copies of all written comments are to be whether there should be any limit on stay the effective date of one part of the submitted. Individuals submitting the enhanced duration claim and antiperspirant FM: The limitation of the written comments or anyone submitting whether there are any potential safety enhanced duration claim to 24 hours electronic comments may submit one issues if a product with enhanced (§ 350.50(b)(3) and (b)(5)). The partial copy. Comments are to be identified duration of action is reapplied more stay will allow manufacturers who have with the docket number found in frequently than directed (e.g., an supporting data to include greater than brackets in the heading of this antiperspirant labeled as providing 48 24 hour duration claims in the labeling document and may be accompanied by hours of sweat protection applied every of OTC antiperspirant drug products a supporting memorandum or brief. 24 hours). while FDA evaluates data to support Received comments may be seen in the IV. Analysis of Impacts such claims using FDA’s effectiveness Division of Dockets Management test. FDA has learned that one between 9 a.m. and 4 p.m., Monday The economic impact of the FM was manufacturer has approximately 40 through Friday. discussed in the final rule (68 FR 34273 stockkeeping units (SKUs) and another at 34289). This partial stay of the manufacturer has several SKUs with IX. References labeling claims for enhanced duration in labels indicating effectiveness for more The following references are on § 350.50(b)(3) and (b)(5) does not change than 24 hours. These manufacturers will display in the Division of Dockets the economic impact on industry not have to revise the existing Management (see ADDRESSES) under described in the final rule. ‘‘enhanced duration’’ portion of their Docket No. 1978N–0064 and may be FDA has examined the impacts of this labeling when the FM becomes effective seen by interested persons between 9 final rule under Executive Order 12866, on December 9, 2004. Accordingly, FDA a.m. and 4 p.m., Monday through the Regulatory Flexibility Act (5 U.S.C. certifies that this final rule will not have Friday. 601–612), and the Unfunded Mandates a significant economic impact on a Reform Act of 1995 (2 U.S.C. 1501 et 1. Comment No. PRC1. substantial number of small entities. seq.). Executive Order 12866 directs 2. Comment No. PRC2. Therefore, under the Regulatory agencies to assess all costs and benefits 3. Comment No. SUP4. Flexibility Act, no further analysis is 4. Comment No. C54. of available regulatory alternatives and, required. when regulation is necessary, to select X. Authority regulatory approaches that maximize V. Paperwork Reduction This final rule (partial stay) is issued net benefits (including potential This final rule contains no collections under sections 201, 501, 502, 503, 505, economic, environmental, public health of information. Therefore, clearance by 510, and 701 of the Federal Food, Drug, and safety, and other advantages; the Office of Management and Budget and Cosmetic Act (21 U.S.C. 321, 351, distributive impacts; and equity). Under under the Paperwork Reduction Act of 352, 353, 355, 360, and 371) and under the Regulatory Flexibility Act, if a rule 1995 is not required. authority delegated to the Commissioner has a significant economic impact on a of Food and Drugs. substantial number of small entities, an VI. Environmental Impact agency must analyze regulatory options FDA has determined under 21 CFR Dated: October 6, 2004. that would minimize any significant 25.31(a) that this action is of a type that Jeffrey Shuren, impact of the rule on small entities. does not individually or cumulatively Assistant Commissioner for Policy. Section 202(a) of the Unfunded have a significant effect on the human [FR Doc. 04–23106 Filed 10–14–04; 8:45 am] Mandates Reform Act requires that environment. Therefore, neither an BILLING CODE 4160–01–S agencies prepare a written statement of environmental assessment nor an anticipated costs and benefits before environmental impact statement is proposing any rule that may result in an required. expenditure in any one year by State, PENSION BENEFIT GUARANTY local, and tribal governments, in the VII. Federalism CORPORATION aggregate, or by the private sector, of FDA has analyzed this final rule in $100 million (adjusted annually for accordance with the principles set forth 29 CFR Parts 4022 and 4044 inflation). The current inflation adjusted in Executive Order 13132. FDA has Benefits Payable in Terminated Single- statutory threshold is about $110 determined that the rule does not Employer Plans; Allocation of Assets million. contain policies that have substantial FDA concludes that this final rule is direct effects on the States, on the in Single-Employer Plans; Interest consistent with the regulatory relationship between the National Assumptions for Valuing and Paying philosophy and principles identified in Government and the States, or on the Benefits the Executive order and in these two distribution of power and AGENCY: Pension Benefit Guaranty statutes. The final rule is not a responsibilities among the various Corporation. significant regulatory action as defined levels of government. Accordingly, FDA ACTION: Final rule. by the Executive order and so is not has concluded that the rule does not
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SUMMARY: The Pension Benefit Guaranty assumptions for valuing benefits for the assumptions can reflect, as Corporation’s regulations on Benefits allocation purposes in plans with accurately as possible, current market Payable in Terminated Single-Employer valuation dates during November 2004, conditions. Plans and Allocation of Assets in (2) adds to Appendix B to part 4022 the Because of the need to provide Single-Employer Plans prescribe interest interest assumptions for the PBGC to immediate guidance for the valuation assumptions for valuing and paying use for its own lump-sum payments in and payment of benefits in plans with benefits under terminating single- plans with valuation dates during valuation dates during November 2004, employer plans. This final rule amends November 2004, and (3) adds to the PBGC finds that good cause exists the regulations to adopt interest Appendix C to part 4022 the interest for making the assumptions set forth in assumptions for plans with valuation assumptions for private-sector pension this amendment effective less than 30 dates in November 2004. Interest practitioners to refer to if they wish to days after publication. assumptions are also published on the use lump-sum interest rates determined The PBGC has determined that this PBGC’s Web site (http://www.pbgc.gov). using the PBGC’s historical action is not a ‘‘significant regulatory DATES: November 1, 2004. methodology for valuation dates during action’’ under the criteria set forth in November 2004. FOR FURTHER INFORMATION CONTACT: Executive Order 12866. For valuation of benefits for allocation Harold J. Ashner, Assistant General purposes, the interest assumptions that Because no general notice of proposed Counsel, Office of the General Counsel, the PBGC will use (set forth in rulemaking is required for this Pension Benefit Guaranty Corporation, Appendix B to part 4044) will be 3.80 amendment, the Regulatory Flexibility 1200 K Street, NW., Washington, DC percent for the first 20 years following Act of 1980 does not apply. See 5 U.S.C. 20005, 202–326–4024. (TTY/TDD users the valuation date and 5.00 percent 601(2). may call the Federal relay service toll- thereafter. These interest assumptions List of Subjects free at 1–800–877–8339 and ask to be represent a decrease (from those in connected to 202–326–4024.) effect for October 2004) of 0.20 percent 29 CFR Part 4022 SUPPLEMENTARY INFORMATION: The for the first 20 years following the Employee benefit plans, Pension PBGC’s regulations prescribe actuarial valuation date and are otherwise insurance, Pensions, Reporting and assumptions—including interest unchanged. recordkeeping requirements. assumptions—for valuing and paying The interest assumptions that the plan benefits of terminating single- PBGC will use for its own lump-sum 29 CFR Part 4044 employer plans covered by title IV of payments (set forth in Appendix B to Employee benefit plans, Pension the Employee Retirement Income part 4022) will be 2.75 percent for the insurance, Pensions. Security Act of 1974. The interest period during which a benefit is in pay assumptions are intended to reflect status and 4.00 percent during any years I In consideration of the foregoing, 29 current conditions in the financial and preceding the benefit’s placement in pay CFR parts 4022 and 4044 are amended as annuity markets. status. These interest assumptions follows: Three sets of interest assumptions are represent a decrease (from those in prescribed: (1) A set for the valuation of effect for October 2004) of 0.25 percent PART 4022—BENEFITS PAYABLE IN benefits for allocation purposes under for the period during which a benefit is TERMINATED SINGLE-EMPLOYER section 4044 (found in Appendix B to in pay status and are otherwise PLANS part 4044), (2) a set for the PBGC to use unchanged. I 1. The authority citation for part 4022 to determine whether a benefit is For private-sector payments, the continues to read as follows: payable as a lump sum and to determine interest assumptions (set forth in lump-sum amounts to be paid by the Appendix C to part 4022) will be the Authority: 29 U.S.C. 1302, 1322, 1322b, PBGC (found in Appendix B to part same as those used by the PBGC for 1341(c)(3)(D), and 1344. 4022), and (3) a set for private-sector determining and paying lump sums (set I 2. In appendix B to part 4022, Rate Set pension practitioners to refer to if they forth in Appendix B to part 4022). 133, as set forth below, is added to the wish to use lump-sum interest rates The PBGC has determined that notice table. (The introductory text of the table determined using the PBGC’s historical and public comment on this amendment is omitted.) methodology (found in Appendix C to are impracticable and contrary to the Appendix B to Part 4022—Lump Sum part 4022). public interest. This finding is based on Accordingly, this amendment (1) adds the need to determine and issue new Interest Rates for PBGC Payments to Appendix B to part 4044 the interest interest assumptions promptly so that * * * * *
For plans with a Immediate Deferred annuities Rate set valuation date annuity rate (percent) (percent) On or after Before i1 i2 i3 n1 n2
*******
133 11–1–04 12–1–04 2.75 4.00 4.00 4.00 7 8
I 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum 133, as set forth below, is added to the Interest Rates for Private-Sector table. (The introductory text of the table Payments is omitted.) * * * * *
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For plans with a Immediate Deferred annuities Rate set valuation date annuity rate (percent) (percent) On or after Before i1 i2 i3 n1 n2
*******
133 11–1–04 12–1–04 2.75 4.00 4.00 4.00 7 8
PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), Appendix B to Part 4044—Interest ASSETS IN SINGLE-EMPLOYER 1341, 1344, 1362. Rates Used To Value Benefits PLANS I 5. In appendix B to part 4044, a new entry, as set forth below, is added to the * * * * * I 4. The authority citation for part 4044 table. (The introductory text of the table continues to read as follows: is omitted.)
The values of it are: For valuation dates occurring in the month— it for t = it for t = it for t =
*******
November 2004 ...... 0380 1–20 .0500 >20 N/A N/A
Issued in Washington, DC, on this 12th day implementation of the new provision of 96–146, RM 8783, ENF–95–20; FCC 04– of October 2004. section 228. In the years since the rules 162, adopted July 1, 2004, and released Joseph H. Grant, took effect, the shape of the pay-per-call July 16, 2004. This MO&O document Deputy Executive Director and Chief industry, technology in general, and does not contain new or modified Operating Officer, Pension Benefit Guaranty regulatory perspectives have changed information collection requirements Corporation. considerably. For reasons of subject to the Paperwork Reduction Act [FR Doc. 04–23180 Filed 10–14–04; 8:45 am] administrative efficiency, the of 1995 (PRA), Public Law 104–13. In BILLING CODE 7708–01–P Commission now closes that docket. addition, therefore, it does not contain Furthermore, in this document, the any new or modified ‘‘information Commission denies a related collection burden for small business FEDERAL COMMUNICATIONS application for review, dismisses a concerns with fewer than 25 COMMISSION petition to initiate a rulemaking, and employees,’’ pursuant to the Small corrects a word error in the existing Business Paperwork Relief Act of 2002, 47 CFR Part 64 rules. Public Law 107–198, see 44 U.S.C. [CC Docket No. 96–146; RM–8783; ENF–95– DATES: Effective July 16, 2004. 3506(c)(4). On July 16, 2004, the 20; FCC 04–162] Commission also released a Notice of ADDRESSES: Federal Communications Proposed Rulemaking (NPRM), Policies Commission, 445 12th Street, SW., Policies and Rules Governing and Rules Governing Interstate Pay-Per- Washington, DC 20554. Interstate Pay-Per-Call and Other Call and Other Information Services Information Services, and Toll-free FOR FURTHER INFORMATION CONTACT: Pursuant to the Telecommunications Number Usage; Truth-in-Billing and Ruth Yodaiken, of the Consumer & Act of 1996; Policies and Rules Billing Format Government Affairs Bureau at (202) Governing Interstate Pay-Per-Call and 418–2512 (voice), or e-mail Other Information Services, and Toll- AGENCY: Federal Communications [email protected]. Commission. free Number Usage; Truth-in-Billing and SUPPLEMENTARY INFORMATION: This is a Billing Format, CC Docket Nos. 96–146 ACTION: Final rules. summary of the Commission’s and 98–170, CG Docket No. 04–244; SUMMARY: In this document, the Memorandum Opinion and Order FCC 04–162, that contains proposed Commission closes CC Docket 96–146, a (MO&O), Policies and Rules Governing information requirements. The full text rulemaking initiated in 1996 to Interstate Pay-Per-Call and Other of this document is available on the implement portions of the Information Services Pursuant to the Commission’s website Electronic Telecommunications Act of 1996 (1996 Telecommunications Act of 1996, Comment Filing System and for public Act) governing pay-per-call and related Policies and Rules Implementing the inspection during regular business information services. This docket was Telephone Disclosure and Dispute hours in the FCC Reference Center, opened specifically for the purpose of Resolution Act, Florida Public Service Room CY–A257, 445 12th Street, SW., implementing section 228 as amended Commission Petition to Initiate Washington, DC 20554. To request by the 1996 Act. In 1996, the Rulemaking to Adopt Additional materials in accessible formats for Commission released an Order and Safeguards; Application for Review of people with disabilities (Braille, large Notice of Proposed Rulemaking that Advisory Ruling Regarding Directly print, electronic files, audio format), adopted new rules, incorporating much Dialed Calls to International send an e-mail to [email protected], or call of the statute verbatim, and completed Information Services, CC Docket No. the Consumer & Governmental Affairs
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Bureau at (202) 418–0530 (voice) or scope of the letter, are raised in the the more varied 38 parties that had filed (202) 418–0432 (TTY). This MO&O can NPRM. comments in response to the 1996 Order & NPRM. Several of the parties argued also be downloaded in Word and B. Florida Public Service Petition for that the record was too stale to reflect Portable Document Format (PDF) at Rulemaking http://www.fcc.gov/cgb/policy/ accurately the current market and paypercall.html. In 1995, the Florida Public Service regulatory environment. Commission (FPSC) filed a Petition for It is clear that the subject of this Synopsis Rulemaking with the Commission proceeding has changed significantly proposing, among other things, the A. WKP Application for Review from when the 1996 Order & NPRM was establishment of a service to allow released and when most comments were In 1995, WKP Communications, Inc. subscribers to have bill blocking, which filed. While there are items in the (WKP) filed an Application for Review would not be dependant upon the use comments and proposals that are still of a staff interpretation given in the of 900 numbers. (Policies and Rules relevant, it would be impossible without Marlowe Letter. (Direct Dialed Calls to Implementing the Telephone Disclosure further comment and review to ascertain International Information Services, File and Dispute Resolution Act, Florida which material is dated and which No. ENF 95–20 (October 5, 1995) (WKP Public Service Commission Petition to material is still viable. In the interest of Application for Review). See also WKP Initiate Rulemaking to Adopt Additional administrative efficiency, therefore, we Communications Files Application for Safeguards, RM–8783, filed December 8, now close and terminate CC Docket No. Review of Common Carrier Bureau Staff 1995 (FPSC Petition). See also Office of 96–146. To the extent that parties Ruling Regarding Provisions of Public Affairs, Reference Operations believe portions of their 1996 comments Interstate Information Services at Division, Petitions for Rulemaking File, are still relevant, parties should Tariffed Rates, 10 FCC Rcd 11518 (rel. Report No. 2127, Public Notice, April 1, resubmit the relevant parts of such 1996; Florida Public Service October 24, 1995).) The letter gave an comments, if any, in this new docket. Commission 1996 Reply, RM–8783; and opinion of how, among other things, Parties refiling portions of comments are Florida Public Service Commission § 201(b) and 228 would apply to several asked to do so with particularity. 1996 Comment.) In January 2004, the hypothetical scenarios where (Parties should only refile the particular FPSC filed a notice withdrawing their international long distance service pages from their comments that they petition. (Policies and Rules believe to still be relevant.) Comments providers would be used to transmit Implementing the Telephone Disclosure filed in 2003 in response to the Notice information and entertainment services. and Dispute Resolution Act, Florida need not be filed again, as they will be (Marlowe Letter, 10 FCC Rcd 10945.) Public Service Commission Notice of included in this new rulemaking. The scenarios described involved the Withdrawal of Petition to Initiate transmission of calls by an authorized Rulemaking, filed January 26, 2004.) D. Correction of Word Error carrier at a tariffed rate through 10XXX Therefore, we dismiss the Petition for The rules as adopted in 1996 contain dialing sequence, a 500 number, and a Rulemaking. 700 number. Both the Marlowe Letter a minor error in wording which is being and WKP’s Application for Review were C. Closing CC Docket 96–146 corrected by this MO&O. In drafted before the 1996 Act had gone Since the Commission released the § 64.154(c)(2)(vi), the word ‘‘up’’ was into effect, and there was still an 1996 Order & NPRM in CC Docket No. omitted. We correct this sentence to exemption for tariffed services under 96–146, the audiotext information read: ‘‘Clearly states that the caller can § 228. (The exemption for tariffed services market, as well as related hang up at or before the end of the services was removed by the 1996 Act.) regulatory environment and technology introductory message without incurring In addition to Congress’ removal of the have undergone significant changes. As any charge whatsoever.’’ tariffed exemption, the Commission has noted earlier, the number of assigned Ordering Clauses spoken twice on the issue of revenue 900 numbers, dropped from a peak of sharing in general, first in the 1996 447 in 1999 to 206 by the end of 2002 Accordingly, pursuant to the Order & NPRM and more recently in the and many are no longer used by end authority contained in sections 1–4, chat-line orders discussed above. Since users. As noted above, many carriers 201(b), 228 and 303(r) of the filing its initial Application for Review, decline to provide transport or bill for Communications Act of 1934, as WKP has done nothing to update its 900 numbers. Consumers complain amended, 47 U.S.C. 151–154, 201(b), Application for Review. Further, WKP about different problems, as discussed 228 and 303(r); and 47 CFR 64.1501– has apparently ceased acting as a above. Regulatory changes included 1515 of the Commission’s rules, this common carrier and Commission staff detariffing, slamming verification, and Memorandum Opinion and Order is has been unsuccessful in reaching WKP adjudication of formal complaints by adopted. to determine whether it wanted to the FCC and outside agencies. Instant The proceedings in CC Docket No. pursue the Application for Review. credit and electronic transactions are 96–146 are terminated, and the docket (Since 1998, all common carriers have now common in e-commerce is closed. been required to file 499A forms, but transactions. The Petition for Rulemaking filed by there is no record of WKP having done As the comment cycle for the 1996 the Florida Public Service Commission so. The law firm that filed the petition Order & NPRM was completed before on December 8, 1995; and the on behalf of WKP provided Commission the rules actually took effect, the Application for Review filed by WKP staff with the last known address of comments from 1996 provided no Communications, Inc., on October 5, WKP, and a letter sent to that address evidence of the impact of those rules. 1995 are dismissed. 47 CFR 64.1504 (c) in September 2003 was returned as CGB’s effort to refresh the record in this is amended as set forth in the Final undeliverable.) The Commission, docket in 2003 was not met with Rules. therefore, dismisses this application as extensive comment, nor a full range of The Commission’s Consumer & moot. We note that some of the general views. Only 15 parties, most in the pay- Governmental Affairs Bureau, Reference topics raised in the Application for per-call industry, submitted comments, Information Center, shall send a copy of Review, which went well beyond the replies, or ex parte filings, contrasting to this Memorandum Opinion and Order
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to the Chief Counsel for Advocacy of the DATES: This rule is effective November seating position (see S4.3(b)(3) and Small Business Administration. 15, 2004. S4.4(c)), and (2) there is an air bag and Federal Communications Commission. ADDRESSES: Petitions for reconsideration no air bag on-off switch in the front passenger seating position. Accubuilt, a Marlene H. Dortch, should refer to the docket number and final-stage manufacturer of funeral Secretary. be submitted to: Administrator, Room 5220, National Highway Traffic Safety coaches, submitted a petition for Rule Change Administration, 400 Seventh Street, rulemaking requesting NHTSA to SW., Washington, DC 20590. exclude funeral coaches from the I For the reasons discussed in the requirement. Accubuilt stated that: preamble, the Federal Communications Privacy Act: Anyone is able to search the electronic form of all petitions ‘‘[s]ince a Funeral Coach is a single Commission is amending 47 CFR part 64 purpose vehicle, transporting a body as follows: received into any of our dockets by the name of the individual submitting the and casket, children do not ride in the front seat.’’ PART 64—MISCELLANEOUS RULES petition (or signing the petition, if RELATING TO COMMON CARRIERS submitted on behalf of an association, III. Interim Final Rule on Accubuilt business, labor union, etc.). You may Request I 1. The authority citation for part 64 review DOT’s complete Privacy Act continues to read as follows: On May 8, 2003, NHTSA published Statement in the Federal Register an interim final rule in the Federal Authority: 47 U.S.C. 154, 254(k); secs. published on April 11, 2000 (Volume Register (68 FR 24644; Docket 14711) 403(b) (2)(B), (c), Public Law 104–104, 110 65, Number 70; Pages 19477–78) or you which temporarily excluded ‘‘funeral Stat. 56. Interpret or apply 47 U.S.C. 201, may visit http://dms.dot.gov. coaches’’ from the requirements of 218, 225, 226, 228, and 254(k) unless FOR FURTHER INFORMATION CONTACT: For otherwise noted. FMVSS No. 225. We limited the non-legal questions, Mike Huntley, exclusion to a one-year period, to I 2. Section 64.1504 is amended by NHTSA Office of Crashworthiness receive and evaluate comments on the revising paragraph (c)(2)(vi) to read as Standards, Special Vehicle and Systems exclusion and to determine whether to follows: Division, 400 Seventh St., SW., make the exclusion permanent. § 64.1504 Restrictions on the use of toll- Washington, DC 20590 (telephone 202– We agreed with Accubuilt that it was free numbers. 366–0029). For legal questions, Deirdre unlikely that a funeral coach that had no Fujita, NHTSA Office of Chief Counsel, * * * * * rear seats would carry children in the 400 Seventh St., SW., Washington, DC (c) * * * front seat. We believed that the persons 20590 (telephone 202–366–2992). (2) * * * riding in the front seat of this type of (vi) Clearly states that the caller can SUPPLEMENTARY INFORMATION: vehicle would be the driver and an attendant to the casket, not a child. On hang up at or before the end of the I. Background introductory message without incurring the other hand, the agency believed that On March 5, 1999, NHTSA published any charge whatsoever. it was conceivable that a child may be a final rule establishing a new Federal carried in a funeral coach that carried * * * * * motor vehicle safety standard that passengers in the rear. Thus, the [FR Doc. 04–23191 Filed 10–14–04; 8:45 am] required motor vehicle manufacturers to exclusion of funeral coaches was BILLING CODE 6712–01–P install child restraint anchorage systems limited to funeral coaches that had only that are standardized and independent one row of occupant seats (the front of the vehicle seat belts.1 (64 FR 10786) row). (Docket No. 98–3390, Notice 2) (Federal DEPARTMENT OF TRANSPORTATION To implement this limited exclusion, Motor Vehicle Safety Standard (FMVSS) we added a definition of ‘‘funeral National Highway Traffic Safety No. 225, 49 CFR 571.225.) Each system coach’’ to the standard. Accubuilt had Administration is composed of three anchorages: two stated that a funeral coach is a vehicle lower anchorages and one upper equipped with heavy duty components 49 CFR Part 571 anchorage. The lower anchorages are to handle the additional mass of a body two 6 millimeter (mm) round steel bars and casket, and that manufacturers of [Docket No. NHTSA–2003–14711] fastened to the vehicle 720 mm apart funeral coaches conform to an industry and located at the intersection of the standard that requires ‘‘front and rear RIN 2127–AI49 vehicle seat cushion and seat back. The stops’’ in the interior of the coach to Federal Motor Vehicle Safety upper anchorage is a permanent keep the casket stationary. Based on the Standards; Child Restraint Anchorage structure to which the hook of a child above information, we defined ‘‘funeral Systems restraint upper tether may be attached coach’’ as ‘‘a vehicle that contains only for the purpose of transferring load from one row of occupant seats, is designed AGENCY: National Highway Traffic the child restraint to the vehicle exclusively for transporting a body and Safety Administration (NHTSA), structure. casket and that is equipped with Department of Transportation (DOT). II. Petition for Rulemaking From features to secure a casket in place ACTION: Final rule. Accubuilt on Funeral Coaches during operation of the vehicle.’’ Comments were requested on the SUMMARY: This document makes FMVSS No. 225 requires a vehicle to definition and on the exclusion of permanent the temporary exclusion be equipped with tether anchorages in funeral coaches from FMVSS No. 225. issued by the agency in an interim final front passenger seating positions if (1) rule published on May 8, 2003 to the vehicle lacks a rear designated IV. Agency Decision exclude funeral coaches (as defined in NHTSA did not receive any the rule) from the requirements of 1 See 64 FR 47566; August 31, 1999 (Docket No. comments on the document. The agency NHTSA–99–6160) and 65 FR 46628; July 31, 2000 Federal Motor Vehicle Safety Standard (Docket No. NHTSA–7648) and 68 FR 38208; June has decided to make permanent the No. 225, ‘‘Child restraint anchorage 27, 2003 (Docket No. NHTSA–15438) for later exclusion issued in the May 8, 2003 systems.’’ amendments of the rule. interim final rule. This amendment
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permanently excludes ‘‘funeral this action will not have any significant Issued on: October 5, 2004. coaches’’ from the requirements of impact on the quality of the human Jeffrey W. Runge, FMVSS No. 225 and adopts a definition environment. Administrator. of that vehicle type for the reasons Executive Order 12778 (Civil Justice [FR Doc. 04–23135 Filed 10–14–04; 8:45 am] provided in the May 2003 final rule. BILLING CODE 4910–59–P This rulemaking relieves a restriction Reform) on a group of small manufacturers and This rule will not have any retroactive has no negative safety consequences. effect. A petition for reconsideration or DEPARTMENT OF COMMERCE Accordingly, NHTSA finds for good other administrative proceeding will not cause that an effective date of less than be a prerequisite to an action seeking National Oceanic and Atmospheric 180 days from the date of publication of judicial review of this rule. This rule Administration this notice is in the public interest. will not preempt the states from V. Rulemaking Analyses and Notices adopting laws or regulations on the 50 CFR Parts 222 and 223 same subject, except that it will preempt Executive Order 12866 (Federal [Docket No.;I.D. 100404B] a state regulation that is in actual Regulation) and DOT Regulatory conflict with the Federal regulation or RIN 0648–AS79 Policies and Procedures makes compliance with the Federal This rulemaking document was not regulation impossible or interferes with Sea Turtle Conservation; Shrimp reviewed under E.O. 12866, ‘‘Regulatory the implementation of the Federal Trawling Requirements Planning and Review.’’ The agency has statute. AGENCY: National Marine Fisheries considered the impact of this Service (NMFS), National Oceanic and rulemaking action under the List of Subjects in 49 CFR Part 571 Atmospheric Administration (NOAA), Department of Transportation’s Imports, Incorporation by reference, regulatory policies and procedures, and Commerce. Motor vehicle safety, Reporting and has determined that it is not ACTION: Temporary rule. recordkeeping requirements, Tires. ‘‘significant’’ under them. This SUMMARY: NMFS issues this temporary document amends FMVSS No. 225 to I For the reasons set forth in the authorization for a period of 30 days, to exclude funeral coaches from the preamble, NHTSA amends 49 CFR part allow the use of limited tow times by requirements of the standard on a 571 as follows: shrimp trawlers as an alternative to the permanent basis. There are no use of Turtle Excluder Devices (TEDs) in additional costs associated with this PART 571—FEDERAL MOTOR final rule. the state waters of Alabama and VEHICLE SAFETY STANDARDS Mississippi, and the state waters of Regulatory Flexibility Act Louisiana from the Mississippi/ I 1. The authority citation for Part 571 Louisiana border to a line at 90° 03′ 00″ The Regulatory Flexibility Act of 1980 continues to read as follows: (Public Law 96–354), as amended, West longitude (approximately the west requires agencies to evaluate the Authority: 49 U.S.C. 322, 30111, 30115, end of Grand Isle). This action is potential effects of their proposed and 30166 and 30177; delegation of authority at necessary because excessive debris as a final rules on small businesses, small 49 CFR 1.50. result of Hurricane Ivan may affect organizations and small governmental fishermen’s ability to use TEDs I 2. In 49 CFR 571.225, S2 and the jurisdictions. I hereby certify that this effectively. When a TED is clogged with definition of ‘‘funeral coach’’ in S3 are rule will not have a significant debris, it can no longer catch shrimp republished to read as follows: economic impact on a substantial effectively nor can it effectively exclude number of small entities. This final rule § 571.225 Standard No. 225; Child restraint turtles. relieves a restriction on manufacturers anchorage systems. DATES: Effective from October 12, 2004 of funeral coaches and does not impose * * * * * through November 12, 2004. any new obligations or requirements. ADDRESSES: S2. Application. This standard Requests for copies of the Executive Order 13132 (Federalism) applies to passenger cars; to trucks and Environmental Assessment on this action should be addressed to the Chief, NHTSA has analyzed this rule in multipurpose passenger vehicles with a Marine Mammal Species Division, accordance with the principles and gross vehicle weight rating (GVWR) of Office of Protected Resources, NMFS, criteria contained in E.O. 13132, and 3,855 kilograms (8,500 pounds) or less; 1315 East-West Highway, Silver Spring, has determined that it does not have and to buses (including school buses) MD 20910. sufficient federalism implications to with a GVWR of 4,536 kg (10,000 lb) or warrant consultation with State and less. This standard does not apply to FOR FURTHER INFORMATION CONTACT: Bob local officials or the preparation of a walk-in van-type vehicles, vehicles Hoffman, 727–570–5312, or Barbara A. federalism summary impact statement. manufactured to be sold exclusively to Schroeder, 301–713–1401. The rule will not have any substantial the U.S. Postal Service, shuttle buses, SUPPLEMENTARY INFORMATION: and funeral coaches. effects on the States, or on the current Background Federal-State relationship, or on the S3. Definitions. current distribution of power and All sea turtles that occur in U.S. * * * * * responsibilities among the various local waters are listed as either endangered or officials. Funeral coach means a vehicle that threatened under the Endangered contains only a front row of occupant Species Act of 1973 (ESA). The Kemp’s National Environmental Policy Act seats, is designed exclusively for ridley (Lepidochelys kempii), NHTSA has analyzed this rulemaking transporting a body and casket and that leatherback (Dermochelys coriacea), and action for the purposes of the National is equipped with features to secure a hawksbill (Eretmochelys imbricata) Environmental Policy Act. The agency casket in place during operation of the turtles are listed as endangered. The has determined that implementation of vehicle. loggerhead (Caretta caretta) and green
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(Chelonia mydas) turtles are listed as compliance with tow time restrictions created special environmental threatened, except for breeding as an alternative to the TED requirement conditions that make trawling with populations of green turtles in Florida if the AA determines that the presence TED-equipped nets impracticable. and on the Pacific coast of Mexico, of algae, seaweed, debris, or other Therefore, the AA issues this temporary which are listed as endangered. special environmental conditions in a rule to authorize the use of restricted Sea turtles are incidentally taken and particular area makes trawling with tow times as an alternative to the use of killed as a result of numerous activities, TED-equipped nets impracticable. The TEDs in the state waters of Alabama and including fishery trawling activities in provisions of 50 CFR 223.206(d)(3)(i) Mississippi and the state waters of the Gulf of Mexico and along the specify the maximum tow times that Louisiana from the Mississippi/ Atlantic seaboard. Taking endangered may be used when tow-time limits are Louisiana border to a line at 90o 03’ 00’’ sea turtles is prohibited under the ESA, authorized as an alternative to the use West longitude (approximately the west subject to limited exceptions. Through of TEDs. The tow times may be no more end of Grand Isle) for a period of 30 section 4(d) of the ESA, NMFS than 55 minutes from April 1 through days. Through October 31, 2004, a implemented regulations at 50 CFR October 31 and no more than 75 shrimp trawler utilizing this 223.206 extending the taking minutes from November 1 through authorization must limit tow times to no prohibition to threatened sea turtles. March 31, as measured from the time more than 55 minutes, measured from Exceptions to the taking prohibition are that the trawl doors enter the water until the time trawl doors enter the water also authorized according to the terms they are removed from the water. These until they are completely retrieved from and conditions of a biological opinion tow time limits are designed to the water. From November 1, 2004, issued under section 7 of the ESA, or minimize the level of mortality of sea through November 12, 2004, unless according to an incidental take permit turtles that are captured by trawl nets terminated earlier, tow times must be issued under section 10 of the ESA. The not equipped with TEDs. limited to no more than 75 minutes incidental taking of turtles during measured from the time trawl doors Recent Events shrimp or summer flounder trawling is enter the water until they are retrieved exempted from the taking prohibition of On September 27, 28, and 29, 2004, from the water. The marine patrols of section 9 of the ESA if the conservation the NOAA Fisheries’ Southeast Regional the affected states are continuing to measures specified in the sea turtle Administrator received requests from monitor the situation and will cooperate conservation regulations (50 CFR 223) the Marine Fisheries Division of the with NMFS in determining the extent of are followed. The regulations require Alabama Department of Conservation the ongoing debris problem in this area. most shrimp trawlers and summer and Natural Resources (ADCNR), the Moreover, the affected states have stated flounder trawlers operating in the Mississippi Department of Marine that their marine patrols will enforce the southeastern United States (Atlantic Resources (MDMR), and the Louisiana restricted tow times. Ensuring area, Gulf area, and summer flounder Department of Wildlife and Fisheries compliance with tow time restrictions is sea turtle protection area, see 50 CFR (LDWF), respectively, to allow the use critical to effective sea turtle protection, 223.206) to have a NMFS-approved TED of tow times as an alternative to TEDs and the commitment from the affected installed in each net that is rigged for in state waters because of excessive states marine patrols to enforce tow time fishing to provide for the escape of sea storm-related debris on the fishing restrictions is an important factor turtles. TEDs currently approved by grounds as a result of Hurricane Ivan. enabling NMFS to issue this NMFS include single-grid hard TEDs After an investigation, the ADCNR, authorization. and hooped hard TEDs conforming to a MDMR, and LDWF have determined generic description, the flounder TED, that this debris is affecting the Continued Use of TEDs and one type of soft TED the Parker soft fishermen’s ability to use TEDs NMFS encourages shrimp trawlers in TED (see 50 CFR 223.207). effectively. When a TED is clogged with the affected areas to continue to use TEDs incorporate an escape opening, debris, it can no longer catch shrimp TEDs if possible, even though they are usually covered by a webbing flap, that effectively nor can it effectively exclude authorized under this action to use allows sea turtles to escape from trawl turtles. Alabama, Mississippi, and restricted tow times. The use of TEDs nets. To be approved by NMFS, a TED Louisiana have stated that their marine negates the tow time restrictions. NMFS design must be shown to be 97 percent enforcement agencies will increase studies have shown that the problem of effective in excluding sea turtles during patrols to enforce the tow time clogging by seagrass, algae, or by other testing based upon specific testing restrictions. debris is not unique to TED-equipped protocols (50 CFR 223.207(e)(1)). Most NOAA Fisheries gear technicians nets. When fishermen trawl in problem approved hard TEDs are described in interviewed fishermen and surveyed areas, they may experience clogging the regulations (50 CFR 223.207(a)) parts of the affected areas in Alabama, with or without TEDs. A particular according to generic criteria based upon Mississippi, and Louisiana. The concern of fishermen, however, is that certain parameters of TED design, interviews and surveys conducted by clogging in a TED-equipped net may configuration, and installation, the gear technicians indicate that hold open the turtle escape opening and including height and width dimensions problems with debris exist in Alabama, increase the risk of shrimp loss. On the of the TED opening through which the Mississippi, and Louisiana state waters other hand, TEDs also help exclude turtles escape. that are likely to affect the effectiveness certain types of debris and allow The regulations governing sea turtle of TEDs. shrimpers to conduct longer tows. take prohibitions and exemptions NMFS’ gear experts have provided provide for the use of limited tow times Special Environmental Conditions several general operational as an alternative to the use of TEDs for The AA finds that debris washed into recommendations to fishermen to vessels with certain specified the state waters of Alabama and maximize the debris exclusion ability of characteristics or under certain special Mississippi and the state waters of TEDs that may allow some fishermen to circumstances. The provisions of 50 Louisiana from the Mississippi/ continue using TEDs without resorting CFR 223.206(d)(3)(ii) specify that the Louisiana border to a line at 90° 03′ 00″ to restricted tow times. To exclude NOAA Assistant Administrator for West longitude (approximately the west debris, NMFS recommends the use of Fisheries (AA) may authorize end of Grand Isle) by Hurricane Ivan has hard TEDs made of either solid rod or
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of hollow pipe that incorporate a bent tow times, synchronized tow times, or The AA prepared an Environmental angle at the escape opening, in a withdrawal of the authorization if the Assessment (EA) for this rule. Copies of bottom-opening configuration. In AA determines that the alternative the EA are available (see ADDRESSES). addition, the installation angle of a hard authorized by this rule is not Dated: October 12, 2004. TED in the trawl extension is an sufficiently protecting turtles or no Rebecca Lent, important performance element in longer needed. The AA may also excluding debris from the trawl. High Deputy Assistant Administrator for terminate this authorization if Regulatory Programs, National Marine installation angles can result in debris information from enforcement, state Fisheries Service. clogging the bars of the TED; NMFS authorities, or NMFS indicate [FR Doc. 04–23190 Filed 10–12–04; 3:54 pm] recommends an installation angle of compliance cannot be monitored BILLING CODE 3510–22–S 45°, relative to the normal horizontal effectively. This authorization will flow of water through the trawl, to expire automatically on November 12, optimize the TED’s ability to exclude 2004, unless it is explicitly extended DEPARTMENT OF COMMERCE turtles and debris. Furthermore, the use through publication in the Federal of accelerator funnels, which are Register. National Oceanic and Atmospheric allowable modifications to hard TEDs, is Administration not recommended in areas with heavy Classification amounts of debris or vegetation. Lastly, This action has been determined to be 50 CFR Part 660 the webbing flap that is usually not significant for purposes of E.O. [Docket No. 040618188–4265–02; I.D. installed to cover the turtle escape 12866. opening may be modified to help 061404A] The AA has determined that this exclude debris quickly: the webbing flap RIN 0648–AS26 can either be cut horizontally to shorten action is necessary to respond to an it so that it does not overlap the frame emergency situation to allow more Fisheries Off West Coast States and in of the TED or be slit in a fore-and-aft efficient fishing for shrimp, while the Western Pacific; Pacific Coast direction to facilitate the exclusion of providing adequate protection for Groundfish Fishery; Correction debris. The use of the double cover flap endangered and threatened sea turtles AGENCY: National Marine Fisheries TED will also aid in debris exclusion. pursuant to the ESA and applicable All of these recommendations regulations. Service (NMFS), National Oceanic and represent legal configurations of TEDs Pursuant to 5 U.S.C. 553(b)(3)(B), the Atmospheric Administration (NOAA), for shrimpers fishing in the affected AA finds that there is good cause to Commerce. areas. This action does not authorize waive prior notice and opportunity to ACTION: Final rule; correction. any other departure from the TED comment on this temporary rule as such SUMMARY: This document corrects a requirements, including any illegal procedures are impracticable and final rule that implemented Amendment modifications to TEDs. In particular, if contrary to the public interest. 16–3 to the Pacific Coast Groundfish TEDs are installed in trawl nets, they Unusually high amounts of debris are Fishery Management Plan (FMP). This may not be sewn shut. creating special environmental document corrects amendatory Alternative to Required Use of TEDs conditions that make trawling with instruction 2. TED-equipped nets impracticable. DATES: Effective October 28, 2004. The authorization provided by this Providing notice and comment would rule applies to all shrimp trawlers that prevent the agency from providing relief FOR FURTHER INFORMATION CONTACT: would otherwise be required to use within the necessary time frame because Jamie Goen (Northwest Region, NMFS), TEDs in accordance with the shrimp loss and sea turtle lethal take is phone: (206) 526–4646; fax: 206–526– requirements of 50 CFR 223.206(d)(2) likely to occur in the interim period 6736; and email: [email protected]. who are operating in the state waters of prior to finalizing this temporary rule. SUPPLEMENTARY INFORMATION: Alabama and Mississippi, and the state These resources would be impacted Electronic Access waters of Louisiana from the unnecessarily through a notice and Mississippi/Louisiana border to a line at comment period process. This final rule also is accessible via 90° 03′ 00″ West longitude the Internet at the Office of the Federal For the same reasons, the AA finds (approximately the west end of Grand Register’s website at that there is good cause to waive the 30– Isle) for a period of 30 days. Instead of www.gpoaccess.gov/fr/index/html and day delay in effective date pursuant to the required use of TEDs, shrimp at the NMFS Northwest Region website 5 U.S.C. 553(d)(3). The temporary rule trawlers may opt to comply with the sea at www.nwr.noaa.gov/1sustfsh/gfsh/ grants a short-term exemption to the turtle conservation regulations by using gdfsh/gdfsh01.html. requirement to use TEDs, and, therefore, restricted tow times. allows fishermen to choose between Background Alternative to Required Use of TEDs; deploying TEDs or using tow-times. NMFS published a final rule Termination This temporary rule relieves a implementing Amendment 16–3 on The AA, at any time, may withdraw restriction and is not subject to a 30–day September 28, 2004 (69 FR 57874). That or modify this temporary authorization delay in effective date, pursuant to 5 final rule updated the list of rockfish to use tow time restrictions in lieu of U.S.C. 553(d)(1). NMFS is making the species defined in the Code of Federal TEDs, through publication of a notice in rule effective October 12, 2004 through Regulations to match that listed in the the Federal Register, if necessary to November 12, 2004. FMP and corrected dusty rockfish to ensure adequate protection of Since prior notice and an opportunity read dusky rockfish. In that final rule, endangered and threatened sea turtles. for public comment are not required to dusty rockfish was mistakenly listed as Under this procedure, the AA may be provided for this action by 5 U.S.C. dusky rockfish in the instruction modify the affected area or impose any 553, or by any other law, the analytical language for which species was to be necessary additional or more stringent requirements of 5 U.S.C. 601 et seq. are removed. This document corrects that measures, including more restrictive inapplicable. amendatory instruction language.
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Correction ‘‘Rockfish:’’ remove ‘‘dusty rockfish, S. All other information previously ciliatus,’’ and add ‘‘chameleon rockfish, published remains the same. As published, the final rule FR Doc. S. phillipsi,’’ ‘‘dwarf-red rockfish, S. Authority: 16 U.S.C. 1801 et seq. 04–21691, September 28, 2004, (69 FR rufinanus,’’ ‘‘dusky rockfish, S. 57874), contains an error and needs to ciliatus,’’ ‘‘freckled rockfish, S. Dated: October 7, 2004. be corrected. lentiginosus,’’ ‘‘half-banded rockfish, S. William T. Hogarth, § 660.302 [Corrected] semicinctus,’’ ‘‘pinkrose rockfish, S. Assistant Administrator for Fisheries, 1. On page 57881, in the third simulator,’’ ‘‘pygmy rockfish, S. National Marine Fisheries Service. column, amendatory instruction 2 is wilsoni,’’ and ‘‘swordspine rockfish, S. [FR Doc. 04–23062 Filed 10–14–04; 8:45 am] corrected to read ‘‘In § 660.302, in the ensifer’’ in alphabetical order to read as BILLING CODE 3510–22–S definition of ‘‘Groundfish,’’ under follows:’’
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Proposed Rules Federal Register Vol. 69, No. 199
Friday, October 15, 2004
This section of the FEDERAL REGISTER person does most of his or her business. on this Web page select ‘‘Your local contains notices to the public of the proposed For the program to continue, it must be office,’’ click on your State, and click on issuance of rules and regulations. The approved by at least a majority of those the map to select a county. purpose of these notices is to give interested persons voting for approval who are SUPPLEMENTARY INFORMATION: persons an opportunity to participate in the engaged in the production, feeding, or rule making prior to the adoption of the final Executive Order 12866 rules. slaughter of lambs and who also represent a majority of the volume of lambs produced, fed, or slaughtered. The Office of Management and Budget (OMB) has waived the review process DATES: Written comments must be DEPARTMENT OF AGRICULTURE required by Executive Order (E.O.) received by November 4, 2004. Pursuant 12866 for this action. Agricultural Marketing Service to the Paperwork Reduction Act of 1995 (PRA), comments on the information Executive Order 12988 7 CFR Part 1280 collection burden that would result from this proposal must be received by This final rule has been reviewed [No. LS–04–06] December 14, 2004. under E.O. 12988, Civil Justice Reform. It is not intended to have a retroactive ADDRESSES: Send comments to Kenneth Lamb Promotion and Research effect. R. Payne, Chief; Marketing Programs Program: Procedures for the Conduct Section 524 of the Act provides that of a Referendum Branch; Livestock and Seed Program; Agricultural Marketing Service (AMS), the Act shall not affect or preempt any AGENCY: Agricultural Marketing Service, USDA, Room 2638–S; STOP 0251; 1400 other Federal or State law authorizing USDA. Independence Avenue, SW.; promotion or research relating to an agricultural commodity. ACTION: Proposed rule. Washington, DC. 20250–0251. Comments may also be sent Under section 519 of the Act, a person SUMMARY: The Commodity Promotion, electronically to subject to the Order may file a petition Research, and Information Act of 1996 [email protected], http:// with USDA stating that the Order, any (Act) authorizes a program of www.regulations.gov, or by facsimile at provision of the Order, or any obligation promotion, research, and information to 202/720–1125. All comments should imposed in connection with the Order, be developed through the promulgation reference the docket number LS–04–06, is not established in accordance with of the Lamb Promotion, Research, and the date, and the page number of this the law, and requesting a modification Information Order (Order). The Act issue of the Federal Register. Comments of the Order or an exemption from the requires that the Secretary of received may be inspected at this Order. Any petition filed challenging Agriculture (Secretary) conduct a location between 8 a.m. and 4:30 p.m., the Order, any provision of the Order, referendum among persons subject to Monday through Friday, except or any obligation imposed in connection assessments who, during a holidays, or via the Internet at http:// with the Order, shall be filed within 2 representative period established by the www.ams.usda.gov/lsg/mpb/rp- years after the effective date of the Secretary, have engaged in the lamb.htm. Order, provision, or obligation subject to production, feeding, or slaughter of Pursuant to PRA, send comments challenge in the petition. The petitioner lambs. The Act further requires that a regarding the accuracy of the burden will have the opportunity for a hearing referendum be conducted not later than estimate and ways to minimize the on the petition. Thereafter, USDA will 3 years after assessments first begin to burden. Comments concerning PRA issue a ruling on the petition. The Act determine whether the Order should be should also be sent to the Desk Officer provides that the district court of the continued. Assessments began on July 1, for Agriculture; Office of Information United States for any district in which 2002. This proposed rule establishes and Regulatory Affairs; Office of the petitioner resides or carries on procedures the Department of Management and Budget; New business shall have the jurisdiction to Agriculture (USDA) would use in Executive Office Building; 725 17th review a final ruling on the petition, if conducting the required referendum as Street, NW., Room 725; Washington, DC the petitioner files a complaint for that well as future referendums. Eligible 20503. purpose not later than 20 days after the persons would be provided the FOR FURTHER INFORMATION CONTACT: date of the entry of the final ruling. opportunity to vote during a specified Kenneth R. Payne, Chief, Marketing Service of process in a proceeding may period announced by USDA at the Programs Branch on 202/720–1115, fax be made on USDA by delivering a copy county Farm Service Agency (FSA) 202/720–1125, or by e-mail at of the complaint to USDA. If the court office where FSA maintains and [email protected] or Phil determines that the ruling is not in processes the person’s administrative Brockman, USDA, FSA, DAFO, on 202/ accordance with the law, the court shall farm records. For those eligible persons 690–8034, fax 202/720–5900, or by e- remand the matter to USDA with not participating in FSA programs, the mail on [email protected]. direction to make such ruling as the opportunity to vote would be provided Eligible voters can determine the court determining to be in accordance at the county FSA office serving the location of county FSA offices by with the law or to take further action as, county where the person owns or rents contacting (1) the nearest county FSA in the opinion of the court the law land. A person engaged in the office, (2) the State FSA office, or (3) requires. The pendency of a petition production, feeding, or slaughter of through an online search of FSA’s Web filed or an action commended shall not lambs in more than one county would site at http://www.fsa.usda.gov/pas/ be operated as a stay of any action vote in the county FSA office where the default.asp. From the options available authorized by section 520 of the Act to
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be taken to enforce, including any rule, businesses under the criteria established production, feeding, or slaughtering of Order, or penalty in effect. by the Small Business Administration lamb during the representative period (SBA)(13 CFR 121.201). Most first determined by the Secretary. The ballot Regulatory Flexibility Act handlers would not be classified as would require the person to sign it In accordance with the Regulatory small businesses. SBA defines small certifying that they engaged in the Flexibility Act (RFA) (5 U.S.C. 601 et agricultural service firms as those whose production, feeding, or slaughtering of seq.), AMS has considered the economic annual receipts are less than $5 million lambs during a representative period effect of the proposed rule on small and small agricultural producers are specified by the Secretary and that the entities. The purpose of RFA is to fit the defined as those having annual receipts volume of production voted is true and regulatory actions to the scale of of less than $750,000. This number and accurate to the best of one’s knowledge. businesses subject to such actions in size data remains the same as it Comments are invited on: (1) Whether order that small businesses will not be appeared in the earlier analyses for the the collection of information is unduly burdened. Order. necessary for the proper performance of The Act, which authorizes USDA to The information collection the functions of AMS, including consider industry proposals for generic requirements, as discussed below, are whether the information will have programs of promotion, research, and minimal. Obtaining a ballot by mail, in- practical utility; (2) the accuracy of information for agricultural person, facsimile, or via the Internet and AMS’ estimate of the burden of the commodities, became effective on April completing it in its entirety would not collection of information, including the 4, 1996. impose a significant economic burden validity of the methodology and Section 518 of the Act provides three on participants. Accordingly, the options for determining industry assumptions used; (3) ways to enhance Administrator of AMS has determined the quality, utility, and clarity of the approval or continuation of a new that this proposed rule will not have a research and promotion program. They information to be collected; and (4) significant economic impact on a are: (1) By a majority of those voting; (2) ways to minimize the burden of the substantial number of small business by a majority of the volume of the collection of information on those who entities. agricultural commodity voted in the are to respond, including the use of referendum; or (3) by a majority of those Paperwork Reduction Act appropriate automated, electronic, persons voting who also represent a mechanical, or other technological In accordance with PRA (44 U.S.C. collection techniques of other forms of majority of the volume of the Chapter 35), this proposed rule agricultural commodity voted in the information technology. announces that AMS is requesting A 60-day period is provided to referendum. In addition, § 518 of the approval from OMB for a new Act provides for referendums to comment on the information collection information collection. Once approved, burden. Comments should reference ascertain approval of an Order to be this collection will be merged into conducted either prior to its going into OMB No. 0581–NEW and be sent to 0581–0093. [email protected]. All effect or within 3 years after Title: Lamb Promotion, Research, and comments received will be available for assessments first begin under an Order. Information Referendum Ballot. public inspection during regular As recommended by representatives of OMB Number: 0581–New. the lamb industry, the final Order, Estimate of Burden: Public reporting business hours at the same address. All which was published in the Federal burden for this collection of information responses to this proposed rule will be Register on April 11, 2002 (67 FR is estimated to average .03 hours per summarized and included in the request 17848), provides that USDA conduct a response. for OMB approval. All comments will referendum within 3 years after Respondents: Producers, feeders, become a matter of public record. assessments begin and that the seedstock producers, and first handlers. Comments concerning the continuation of the Order be approved Estimated Number of Respondents: information collection under the PRA by at least a majority of those persons 67,486. should also be sent to the Desk Officer voting for approval who are engaged in Estimated Number of Responses per for Agriculture; Office of Information the production, feeding, or slaughter of Respondent: 1. and Regulatory Affairs; Office of lambs and who also represent a majority Estimated Total Annual Burden on Management and Budget; New of the volume of lambs produced, fed, Respondents: 2,025 hours. Executive Office Building; 725 17th or slaughtered. Total Cost: $40,492. Street, NW., Room 725; Washington, DC This proposed rule would establish Abstract: The purpose of this 20503. proposed rule is to provide persons the procedures USDA would use for the Background conduct of a nationwide referendum subject to the assessment who are among eligible persons to determine if engaged in the production, feeding, and The Act (U.S.C. 7411–7425) which the Order should be continued. This slaughtering of lambs the opportunity to became effective on April 4, 1996, proposal would add a new subpart that vote in a nationwide referendum on the authorizes USDA to establish generic establishes procedures to conduct the continuation of the Order. Voting in the programs of promotion, research, and initial and future referendum. The new referendum is voluntary. This proposed information for agricultural subpart would cover definitions, rule would require eligible persons to commodities designed to strengthen an certification and voting procedures, complete a ballot (Form LS–86) in its industry’s position in the marketplace eligibility, disposition of forms and entirety. Eligible persons subject to the and to maintain and expand existing records, FSA’s role, and reporting the assessment would be required to vote domestic and foreign markets and uses results. ‘‘yes’’ or ‘‘no’’ to continue the program, for agricultural commodities. Pursuant There are approximately 67,468 vote the number of lambs (volume of to the Act, a proposed Order on the persons engaged in the production, production) owned and produced; Lamb Checkoff Program was published feeding, or slaughtering of lamb who are owned and fed; or slaughtered during a in the Federal Register on September subject to the program. Most of the lamb period specified by the Secretary, and 21, 2001 (66 FR 48764). The final Order producers, seedstock producers, and provide documentation that shows the was published in the Federal Register feeders, would be classified as small person voting engaged in the on April 11, 2002 (67 FR 17848).
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Collection of assessments began on July 3 years after assessments first begin to Providing participants an opportunity to 1, 2002. determine whether the Order should be vote at the county FSA office would This program is funded primarily by continued. Assessments began on July 1, give those persons the greatest those persons engaged in the production 2002. Thus, USDA is required to opportunity to vote in the referendum. and feeding of lambs in the amount of conduct a nationwide referendum The proposed rule establishes one-half cent ($.005) per pound when among persons subject to the assessment procedures USDA would use in live lambs are sold. For purposes of this by July 1, 2005. The Order would conducting the required referendum as program, the term ‘‘lamb’’ as defined in continue if a majority of those persons well as future referendums provided the Order means, ‘‘any ovine animal of voting who also represent a majority of under the Act. The proposed rule any age, including ewes and rams.’’ the volume of lambs voted in favor of includes, definitions, eligibility, First handlers, which means the continuing the program. If the certification and voting procedures, packer or other person who buys or continuation of the Order is not reporting results, and disposition of the takes possession of lambs from a approved by eligible persons voting in forms and records. FSA would producer or feeder for slaughter, the referendum, USDA would begin the coordinate State and county FSA roles including custom slaughter, are assessed process of terminating the program. in conducting the referendum by (1) an additional $.30 cents per head Eligible persons would be required to determining producer eligibility, (2) purchased for slaughter or slaughtered complete a ballot in its entirety, vote canvassing and counting ballots, and (3) by such first handler pursuant to a ‘‘yes’’ or ‘‘no’’ to continue the program, reporting the results. A 20 day comment custom slaughter arrangement. Each enter the number of lambs (volume of period is provided for interested person who processes or causes to be production) owned and produced; persons to comment. This comment processed lamb or lamb products of that owned and fed; or slaughtered during a period is deemed appropriate in order to person’s own production and markets specific period and provide conduct a referendum in a timely the processed products is assessed one- manner. half cent ($.005) per pound on the live documentation showing that they weight at the time of slaughter and is engaged in the production, feeding, or List of Subjects in 7 CFR Part 1280 slaughter of lambs during the required to pay an additional Administrative practice and representative period. The person assessment of $.30 per head. procedure, Advertising, Agricultural would sign the ballot certifying that Assessment rates may be adjusted in research, Marketing agreements, Lamb they were engaged in the production, accordance with applicable provisions and Lamb products, Reporting and feeding, or slaughtering of lambs during of the Act and the Order. The Order also recordkeeping requirements. a representative period specified by the requires persons to collect and remit For the reasons set forth in the assessments to the Board. Each Secretary and that the volume of production voted is true and accurate to preamble, it is proposed that title 7, Part producer, feeder, or seedstock producer 1280 be amended to read as follows: is obligated to pay that portion of the the best of one’s knowledge. To vote assessment that is equivalent to that volume of production, producers and PART 1280—LAMB PROMOTION, producer’s, feeder’s, or seedstock seedstock producers would enter the RESEARCH, AND INFORMATION producer’s proportionate share and shall total number of live domestic lambs ORDER transfer the assessment to the owned and produced during calendar subsequent purchaser. Additionally, a year 2004. Feeders would vote the total 1. The authority citation for 7 CFR person who is a market agency; i.e., number of lambs owed and fed during Part 1280 continues to read as follows: commission merchant, auction market, calendar year 2004. First handlers Authority: 7 U.S.C. 7411–7425. or broker in the business of receiving would vote the total number of lambs slaughtered during calendar year 2004. 2. In Part 1280, a new subpart E is such lamb or lamb products for sale on added to read as follows: commission for or on behalf of a The volume of production must be producer, feeder, or seedstock producer, determined by the person voting prior to Subpart E—Procedures To Request a is required to collect an assessment and completing the ballot and be verifiable. Referendum transfer the collected assessment on to Those persons whose only share in the Definitions proceeds of a sale of lambs is a sales the subsequent purchaser(s). Such Sec. person would not be subject to the commission, handling fee or other 1280.601 Terms defined. assessment and not eligible to service fee or the person acquired 1280.602 Administrator, AMS. participate in the referendum. Any ownership of the lambs to facilitate the 1280.603 Administrator, FSA. person who processes or causes to be transfer of ownership of such lambs 1280.604 Eligibility. processed lamb or lamb products of that from the seller to a third party and 1280.605 Farm Service Agency. person’s own production and markets resold such lambs no later than 10 days 1280.606 Farm Service Agency County the processed products will be required from the date on which the person Committee. acquired ownership are not considered 1280.607 Farm Service Agency County to pay an additional assessment and Executive Director. remit the total assessment to the Board. are producers, seedstock producers, or 1280.608 Farm Service Agency State Each first handler who buys or takes feeders and not subject to the Committee. possession of lambs from a producer or assessment would be. Such person 1280.609 Farm Service Agency State feeder for slaughter is required to pay an would not be eligible to participate in Executive Director. additional assessment and remit the the referendum. USDA proposes that the 1280.610 Public notice. total assessment to the Board. referendum period would be a 4-week 1280.611 Representative period. The Act requires that a referendum to period announced by the Secretary and 1280.612 Volume of production. ascertain approval of an Order must be that the representative period would be 1280.613 Voting period. conducted either prior to the Order January 1, 2004, through December 31, Procedures going into effect or within 3 years after 2004. USDA also proposes that the 1280.620 General. assessments first begin. The industry ballots may be cast in person, by 1280.621 Supervision of the process for recommended to USDA that the facsimile, or by mail-in vote at the conducting a referendum. referendum be conducted no later than appropriate county FSA offices. 1280.622 Eligibility.
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1280.623 Time and place of the § 1280.606 Farm Service Agency County lambs slaughtered during the most referendum. Committee. recent calendar year. 1280.624 Facilities. Farm Service Agency County 1280.625 Certifications and referendum Committee, also referred to as ‘‘FSA § 1280.613 Voting period. ballot form. County Committee or COC,’’ means the The term voting period means a 4- 1280.626 Certification and procedures. week period to be announced by the 1280.627 Canvassing voting ballots. group of persons within a county who 1280.628 Counting ballots. are elected to act as the Farm Service Secretary for voting the referendum. 1280.629 FSA county office report. Agency County Committee. Procedures 1280.630 FSA State office report. 1280.631 Results of the referendum. § 1280.607 Farm Service Agency County § 1280.620 General. Executive Director. 1280.632 Disposition of records. A referendum to determine whether 1280.633 Instructions and forms. Farm Service Agency County eligible persons favor the continuance of 1280.634 Confidentiality. Executive Director, also referred to as this part shall be carried out in ‘‘CED,’’ means the person employed by Subpart E—Procedures To Request a the FSA County Committee to execute accordance with this subpart. (a) The referendum will be conducted Referendum the policies of the FSA County at county FSA offices. Committee and to be responsible for the Definitions (b) The Secretary shall determine if at day-to-day operation of the FSA county least a majority of those persons voting § 1280.601 Terms defined. office, or the person acting in such for approval who also represent a As used throughout this subpart, capacity. majority of the volume of lambs owned unless the context otherwise requires, § 1280.608 Farm Service Agency State and produced; owned and fed; or terms shall have the same meaning as Committee. slaughtered, favor the continuance of the definition of such terms in subpart this part. A of this part. Farm Service Agency State Committee, also referred to as ‘‘FSA § 1280.621 Supervision of the process for § 1280.602 Administrator, AMS. State Committee,’’ means the group of conducting a referendum. persons within a State who are Administrator, AMS, means the The Administrator, AMS, shall be Administrator of the Agricultural appointed by the Secretary to act as the Farm Service Agency State Committee. responsible for supervising the process Marketing Service, or any officer or of permitting persons to vote in a employee of USDA to whom there has § 1280.609 Farm Service Agency State referendum in accordance with this been delegated or may be delegated the Executive Director. subpart. authority to act in the Administrator’s Farm Service Agency State Executive stead. Director, also referred to as ‘‘SED,’’ § 1280.622 Eligibility. § 1280.603 Administrator, FSA. means the person employed by the FSA (a) Any person subject to the State Committee to execute the policies assessment who during the Administrator, FSA, means the representative period determined by the Administrator, of the Farm Service of the FSA State Committee and to be responsible for the day-to-day operation Secretary has engaged in the Agency, or any officer or employee of production, feeding, or slaughtering of USDA to whom there has been of the FSA State office, or the person acting in such capacity. lambs is eligible to participate in the delegated or may be delegated the referendum. Those persons whose only authority to act in the Administrator’s § 1280.610 Public notice. share in the proceeds of a sale of lambs stead. Public notice means not later than 30- is a sales commission, handling fee or § 1280.604 Eligibility. days before the referendum is other service fee or the person acquired Eligibility is defined as any person conducted, the Secretary shall notify the ownership of the lambs to facilitate the subject to the assessment who during eligible voters in such manner as transfer of ownership of such lambs the representative period determined by determined by the Secretary, of the from the seller to a third party and the Secretary have engaged in the voting period during which voting in resold such lambs no later than 10 days production, feeding, or slaughtering of the referendum will occur. The notice from the date on which the person lambs. Such persons are eligible to shall explain any registration and voting acquired ownership are not considered participate in the referendum. Those procedures established under section producers, seedstock producers, or 518 of the Act. persons whose only share in the feeders and are not subject to the proceeds of a sale of lambs is a sales § 1280.611 Representative period. assessment. Such persons would not be eligible to participate in the referendum. commission, handling fee or other Representative period means the (b) Proxy registration. Proxy service fee or the person acquired period designated by the Secretary registration is not authorized, except ownership of the lambs to facilitate the pursuant to section 518 of the Act. transfer of ownership of such lambs that an officer or employee of a from the seller to a third party and § 1280.612 Volume of production. corporate producer, feeder, seedstock resold such lambs no later than 10 days (a) For producers and seedstock producer, or first handler, or any from the date on which the person producers, the term volume of guardian, administrator, executor, or acquired ownership are not considered production means the total number of trustee of a person’s estate, or an producers, seedstock producers, or live domestic lambs owned and authorized representative of any eligible feeders and are not subject to the produced during the most recent producer, feeder, seedstock producer, or assessment. Such persons would not be calendar year. first handler entity (other than an eligible to participate in the referendum. (b) For feeders, volume of production individual person), such as a means the total number of lambs owned corporation or partnership, may vote on § 1280.605 Farm Service Agency. and fed during the most recent calendar behalf of that entity. Further, an Farm Service Agency also referred to year. individual cannot vote on behalf of as ‘‘FSA’’ means the Farm Service (c) For first handlers, volume of another individual (i.e., spouse, Agency of USDA. production means the total number of sharecrop lease, etc.). Any individual,
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who votes on behalf of any producer, § 1280.625 Certifications and referendum programs, the opportunity to vote in a feeder, seedstock producer, or first ballot form. referendum will be provided at the handler entity, shall certify that he or Form LS–86 shall be used to vote in county FSA office serving the county she is authorized by such entity to take the referendum and certify eligibility. where the person owns or rents land. A such action. Upon request of the county Eligible persons would be required to person engaged in the production, FSA office, the person voting may be complete a ballot in its entirety, vote feeding, or slaughtering of lambs in required to submit adequate evidence of ‘‘yes’’ or ‘‘no’’ to continue the program, more than one county would vote in the such authority. enter the number of lambs (volume of county FSA office where the person (c) Joint and group interest. A group production) owned and produced; does most of his or her business. Forms of individuals, such as members of a owned and fed; or slaughtered during a obtained via the Internet would be family, joint tenants, tenants in representative period and provide located at http://www.ams.usda.gov/lsg/ common, a partnership, owners of documentation such as a sales receipt or mpb/rp-lamb.htm. community property, or a corporation remittance form showing that the person (c) A completed and signed form LS– who engaged in the production, feeding, voting was engaged in the production, 86 and the supporting documentation or slaughtering of lambs during the feeding, or slaughtering of lambs during may be returned in-person, by mail, or representative period as a producer, the representative period. The person or facsimile to the appropriate county FSA feeder, seedstock producer, or first authorized representative shall sign the office. Form LS–86 and supporting handler entity shall be entitled to cast ballot certifying that they or the entity documentation returned in-person or by only one vote; provided, however, that they represent were engaged in the facsimile, must be received in the any individual member of a group who production, feeding, or slaughtering of appropriate county FSA office prior to is an eligible person separate from the lambs during the representative period the close of the work day on the final group may vote separately. and that the volume of production voted day of the voting period to be is true and accurate. considered a valid ballot. Form LS–86 § 1280.623 Time and place of the referendum. § 1280.626 Certification and procedures. and the accompanying documentation returned by mail must be postmarked no (a) Each eligible person shall be (a) The opportunity to vote in the later than midnight of the final day of provided the opportunity to cast a ballot referendum shall be provided during a the voting period and must be received during the voting period announced by 4-week period beginning and ending on in the county FSA office on the 5th the Secretary. a date determined by the Secretary. business day following the final day of (1) Each eligible person shall be Eligible persons shall have the the voting period. required to complete form LS–86 in its opportunity to vote following the (d) Persons who obtain form LS–86 procedures established in this subpart entirety, sign it, and provide evidence that they were engaged in the in-person at the appropriate FSA county during the normal business hours of office may complete and return it the each county FSA office. production, feeding, or slaughtering of lambs during the representative period. same day along with the supporting (b) Persons can determine the location documentation. of county FSA offices by contacting the The person must legibly place his or her nearest county FSA office, the State FSA name and, if applicable, the entity § 1280.627 Canvassing voting ballots. office, or through an online search of represented, address, county, and telephone number. The person shall (a) Canvassing of form LS–86 shall FSA’s Web site at http:// take place at the county FSA offices on www.fsa.usda.gov/pas/default.asp. sign and certify on form LS–86 that: (i) The person was engaged in the the 6th business day following the final (c) Each eligible person shall cast a production, feeding, or slaughtering of day of the voting period. Such ballot in the county FSA office where lambs during the representative period; canvassing, acting on behalf of the FSA maintains the person’s (ii) The person voting on behalf of a Administrator, AMS, shall be in the administrative farm records. For eligible corporation or other entity is authorized presence of at least two members of the persons not participating in FSA to do so; county committee. If two or more of the programs, the opportunity to vote would (iii) The person has cast only one counties have been combined and are be provided at the county FSA office vote; and served by one county office, the serving the county where the person (iv) The volume of production listed canvassing of the requests shall be owns or rents land. A person engaged in on the ballot is true and accurate. conducted by at least one member of the the production, feeding, slaughtering, of (2) Only a completed and signed form county committee from each county lambs in more than one county would LS–86 accompanied by supporting served by the county office. The FSA vote in the county FSA office where the documentation showing that the person State committee or the State Executive person does most of his or her business. was engaged in the production, feeding, Director, if authorized by the State Committee, may designate the County § 1280.624 Facilities. or slaughter of lambs during the representative period shall be Executive Director (CED) and a county Each county FSA office will provide: considered a valid vote. or State FSA office employee to canvass (a) A voting place that is well known (b) To vote, eligible persons may the ballots and report the results instead and readily accessible to persons in the obtain form LS–86 in-person, by mail, or of two members of the county county and that is equipped and by facsimile from county FSA offices or committee when it is determined that arranged so that each person can through the Internet during the voting the number of eligible voters is so complete and submit their ballot in period. A completed and signed form limited that having two members of the secret without coercion, duress, or LS–86 and supporting documentation, county committee present for this interference of any sort whatsoever, and such as a sales receipt or remittance function is impractical, and designate (b) A holding container of sufficient form, must be returned to the the CED and/or another county or State size so arranged that no ballot or appropriate county FSA office where FSA office employee to canvass requests supporting documentation can be read FSA maintains and processes the in any emergency situation precluding or removed without breaking seals on person’s administrative farm records. at least two members of the county the container. For a person not participating in FSA committee from being present to carry
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out the functions required in this For those county FSA offices that do results at the following Web site: http:/ section. have ineligibility determinations, the /www.ams.usda.gov/lsg/mpb/rp- (b) Form LS–86 should be canvassed requests shall be counted no later than lamb.htm. Subsequently, State reports as follows: the 14th business day following the and related papers shall be available for (1) Number of valid ballots. A person final day of the voting period. public inspection upon request during has been declared eligible by FSA to (b) Ballots shall be counted as follows: normal business hours in the Marketing vote by completing form LS–86 in its (1) Number of valid ballots cast; Programs Branch; Livestock and Seed entirety, signing it, voting volume of (2) Number of persons favoring the Program, AMS, USDA, Room 2638–S; production, and providing supporting Order; STOP 0251; 1400 Independence documentation that shows the person (3) Number of persons not favoring Avenue, SW.; Washington, DC. who cast the ballot during the voting the Order; period was engaged in the production, (4) Volume of production voted (b) If the Secretary deems necessary, feeding, or slaughtering of lambs during favoring the continuation of the Order; a State report or county report shall be the representative period. Such ballot (5) Volume of production voted not reexamined and checked by such will be considered a valid ballot. favoring the continuation of the Order persons who may be designated by the (2) Number of ineligible ballots. If and; Secretary. FSA cannot determine that a person is (6) Number of invalid ballots. eligible based on the submitted § 1280.632 Disposition of records. § 1280.629 FSA county office report. documentation or if the person fails to Each FSA CED will place in sealed submit the required supporting The county FSA office report shall be containers marked with the certified as accurate and complete by documentation, the person shall be identification of the ‘‘Lamb Checkoff the CED or designee, acting on behalf of determined to be ineligible. FSA shall Program Referendum,’’ all of the form the Administrator, AMS, as soon as may notify ineligible persons in writing as LS–86’s along with the accompanying soon as practicable but no later than the be reasonably possible, but in no event shall submit no later than 18th business documentation and county summaries. 8th business day following the final day Such records will be placed in a secure of the voting period. day following the final day of the location under the custody of FSA CED (c) Appeal. A person declared to be specified period. Each county FSA ineligible by FSA can appeal such office shall transmit the results in its for a period of not less than 12 months decision and provide additional county to the FSA State office. The after the date of notification by the documentation to the FSA county office results in each county may be made Administrator, FSA, that the final within 5 business days after the available to the public upon notification results have been announced by the postmark date of the letter of by the Administrator, FSA, that the final Secretary. If the county FSA office notification of ineligibility. FSA will results have been released by the receives no notice to the contrary from then make a final decision on the Secretary. A copy of the report shall be the Administrator, FSA, by the end of person’s eligibility and notify the person posted for 30 calendar days following the 12 month period as described in this of the decision. the date of notification by the section, the CED or designee shall (d) Invalid ballots. An invalid ballot Administrator, FSA, in the county FSA destroy the records. includes, but is not limited to the office in a conspicuous place accessible following: to the public. One copy shall be kept on § 1280.633 Instructions and forms. (1) Form LS–86 is not signed or all file in the county FSA office for a period The Administrator, AMS, is required information has not been of at least 12 months after notification authorized to prescribe additional provided; by FSA that the final results have been instructions and forms not inconsistent (2) Form LS–86 and supporting released by the Secretary. with the provisions of this subpart. documentation returned in-person or by § 1280.630 FSA State office report. facsimile was not received by close of § 1280.634 Confidentiality. business on the last business day of the Each FSA State office shall transmit to voting period; the Administrator, FSA, as soon as The names of persons voting in the (3) Form LS–86 and supporting possible, but in no event later than the referendum and ballots shall be documentation returned by mail was 20th business day following the final confidential and the contents of the not postmarked by midnight of the final day of the voting period, a report ballots shall not be divulged except as day of the voting period; summarizing the data contained in each the Secretary may direct. The public (4) Form LS–86 and supporting of the reports from the county FSA may witness the opening of the ballot documentation returned by mail was offices. One copy of the State summary box and the counting of the votes but not received in the county FSA office by shall be filed for a period of not less may not interfere with the process. than 12 months after the results have the 5th business day following the final Dated: October 8, 2004. day of the voting period; been released and available for public (5) Form LS–86 or supporting inspection after the results have been Barry L. Carpenter, documentation is mutilated or marked released. Acting Administrator, Agricultural Marketing in such a way that any required Service. § 1280.631 Results of the referendum. information on the form is illegible; or [FR Doc. 04–23110 Filed 10–12–04; 9:08 am] (6) Form LS–86 and supporting (a) The Administrator, FSA, shall BILLING CODE 3410–02–P documentation not returned to the submit to the Administrator, AMS, the appropriate county FSA office. reports from all State FSA offices. The Administrator, AMS, shall tabulate the § 1280.628 Counting ballots. results of the ballots. USDA will issue (a) Form LS–86 shall be counted by an official press release announcing the county FSA offices on the same day as results of referendum and publish the the ballots are canvassed if there are no same results in the Federal Register. In ineligibility determinations to resolve. addition, USDA will post the official
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DEPARTMENT OF COMMERCE nauticalcharts.noaa.gov/mcd/enc/ Technical Resolution A3.11 published index.htm. in M–3 Resolutions of the IHO, Chapter National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: A, Section 3. This resolution is available Administration Captain Jim Gardner, Chief, Marine from the IHO Web site: http:// Chart Division, Office of Coast Survey, www.iho.shom.fr. Also, for reference, it 15 CFR Part 995 NOS/NOAA, (301) 713–2724, is advised that Distributors be familiar [email protected]. with the International Electrotechnical [Docket No: 040608174–4174–01] Commission (IEC) Publication 61174 SUPPLEMENTARY INFORMATION: and the IHO Special Publication S57. RIN 0648–AR87 Background IEC Publication 61174 is the basis for type-approval specifications related to Certification Requirements for NOAA produces electronic operational methods of testing and Distributors of NOAA Electronic navigational charts (ENCs) that may be required test results for an IMO- Navigational Charts/NOAA used in a type-approved Electronic compliant ECDIS. The IEC Publication Hydrographic Products Chart Display and Information System 61174 can be ordered from the IEC Web (ECDIS) to meet federal nautical chart AGENCY: National Ocean Service (NOS), site: http://www.iec.ch. The IHO Special carriage regulations. NOAA distributes National Oceanic and Atmospheric Publication S57 includes a description these official ENCs to the public for free Administration (NOAA), Department of of the data structure and format to be over the Internet. This proposed rule Commerce (DOC). used for the exchange of ENC data, would establish the requirements by product specification for the production ACTION: Proposed rule; request for which entities may be certified to of ENC data, and an updating profile. comments. download, redistribute, repackage, or in The IHO Special Publication S57 is some cases reformat, official ENCs while SUMMARY: The National Oceanic and available at the IHO Web site: http:// retaining their official status for meeting Atmospheric Administration (NOAA) www.iho.shom.fr. proposes to promulgate certification chart carriage regulations. No other requirements with standards for processes would result in redistributed Classification NOAA ENC products that meet chart applicants who want to distribute A. Executive Order 12866 NOAA Electronic Navigational Charts carriage regulations. NOAA developed these proposed This proposed rule has been (NOAA ENCs) as official data. NOAA certification requirements to satisfy determined to be not significant for the intends to offer two types of directives contained in Section 104 of purposes of Executive Order 12866. certification. The first type, ‘‘Certified the Hydrographic Services Improvement NOAA ENC Distributor’’ (CED), would B. Regulatory Flexibility Act Act Amendments of 2002, 33 U.S.C. be for NOAA ENCs downloading, exact 892b(b)(1). The Act states that the The Chief Counsel for Regulation of copying, and redistribution of those Administrator of NOAA shall develop the Department of Commerce certifies to copies of NOAA ENCs data. The second and implement a quality assurance the Chief Counsel for Advocacy of the type, ‘‘Certified NOAA ENC Value program that is equally available to all Small Business Administration that this Added Distributor’’ (CEVAD), would applicants, under which the proposed rule would not have a permit reformatting official NOAA ENCs Administrator may certify hydrographic significant economic impact on a into a System Electronic Navigational products that satisfy the standards substantial number of small entities. Chart (SENC) using type-approved promulgated by the Administrator The purpose of this rule is to provide software, and distribution of that SENC. under the Hydrographic Services the procedures and requirements Both types of certification would result Improvement Act. necessary for an entity to be certified as in products that meet federal chart Hydrographic products include non- ‘‘Certified NOAA ENC Distributor’’ or carriage regulations. Both types of federal publicly or commercially ‘‘Certified NOAA ENC Value Added certification would permit, but would available nautical charts, nautical Distributor.’’ Both types of certification not require, compression, encryption, information databases, and other would result in products that meet and packaging with other data. products derived from hydrographic federal chart carriage regulations. Both NOAA intends by this action to assure data. These certification requirements types of certification would permit, but that quality official NOAA ENC data is would ensure the quality of the data and do not require, compression, offered to the public in support of safe its timely and accurate dissemination, encryption, and packaging with other navigation on U.S. waters. for safe navigation, and would provide data. DATES: Comments must be received by the public with a wider variety of This certification process would be November 15, 2004. specialized products that are considered voluntary. Only those applicants who ADDRESSES: Comments in writing official NOAA data for regulatory wish to distribute ENC data with the should be submitted to Director, Office purposes. phrase ‘‘Certified NOAA ENC of Coast Survey, National Ocean To obtain a written copy of the Distributor’’ or ‘‘Certified NOAA ENC Service, NOAA (N/CS), 1315 East West proposed certification requirements for Value Added Distributor’’ on products Highway, Silver Spring, MD 20910. NOAA ENC distribution, refer to and marketing materials would need to Written comments may be faxed to (301) ADDRESSES section or visit the Internet apply. 713–4516. Comments by e-mail should at NOAA’s Web site: http:// NOAA proposes this certification be submitted to [email protected]. nauticalcharts.noaa.gov/mcd/enc/ process under the authority of 33 U.S.C. index.htm. 892b(b)(1). Electronic Access In addition to the rules set forth in the The Small Business Administration A digital copy of the proposed NOAA certification process, if the Value guideline to separate small from large certification requirements for NOAA Added Distributor converts NOAA ENC businesses is $4 million for Mapmaking ENC distribution, with application data to other formats, it would need to firms and $5 million for Navigational templates, is accessible via the Internet comply with the International Services to Shipping and Other Support at NOAA’s Web site: http:// Hydrographic Organization (IHO) Activities for Water Transportation.
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NOAA is unable to determine the total completing and reviewing the collection 995.13 Transfer of certification. number of small entities that will be of information, sending the initial 995.14 Auditing. affected by this rule, as it does not application to OCS to become a certified 995.15 Termination of certification. specifically track this type of distributor, and sending the bi-annual 995.16 Term of certification. information. However, based upon reports to OCS. Subpart C—Requirements for Certified knowledge of the nature of the industry, Public comment is sought regarding Distributors and Value Added Distributors NOAA believes the majority of the whether these proposed collections of of NOAA ENC Products entities affected will be small information are necessary for the proper 995.20 General. businesses. performance of the functions of the 995.21 Registry of data users. The total estimated economic impact agency and whether the information 995.22 Training of data users. to small entities associated with startup shall have practical utility; the accuracy 995.23 Acquisition of data. costs, software and equipment upgrades, of the burden estimate; ways to enhance 995.24 Distribution of data. the application process, reporting, the quality, utility, and clarity of the 995.25 Quality Management System. record keeping, and compliance 995.26 Conversion of NOAA ENC files to information to be collected; and ways to other formats. requirements is not expected to amount minimize the burden of the collection of 995.27 Format validation software testing. to sums greater than $5,228 per entity information, including the use of 995.28 Use of NOAA emblem. annually. However, NOAA does not automated collection techniques or 995.29 Limitation on endorsements. believe this cost would have a negative other forms of information technology. impact on small companies, as only Appendix A to Subpart C of Part 995— Send comments on these or any other Certification Application Templates those companies that believe they can aspects of the collection of information profit would seek certification. This to NOS (see ADDRESSES) and to David Authority: 33 U.S.C. 892b(b)(1). estimate of costs incurred associated Rostker at the Office of Information and with these requirements should be offset Regulatory Affairs, OMB, by e-mail to Subpart A—General through the benefits in increased sales. _ David [email protected] or by fax to § 995.1 Purpose and scope. NOAA would require only bi-annual (202) 395–7285. reporting and record keeping, balancing Notwithstanding any other provision (a) The National Oceanic and the burden to the distributor with the of the law, no person is required to Atmospheric Administration (NOAA) assurance of maintaining safe navigation respond to, nor shall any person be produces electronic navigational charts through data quality verification for subject to a penalty for failure to comply (ENCs) that may be used in a type- public safety. Also, to lessen the with, a collection of information subject approved Electronic Chart Display and economic impact, the duration of to the requirements of the PRA, unless Information System (ECDIS) to meet certification would be five years from that collection of information displays a federal nautical chart carriage the date of issuance. currently valid OMB Control Number. regulations. NOAA distributes these It is anticipated the effects of this rule There are no duplicative, overlapping, official ENCs for free over the Internet. if adopted would be largely positive to or conflicting Federal rules associated This part establishes the requirements small entities, with potential economic with this proposed rule. by which entities may be certified to benefits. The proposed rule will allow download, redistribute, repackage, or in certified businesses to sell a new List of Subjects in 15 CFR Part 995 some cases reformat, official NOAA product that is considered official Navigation (water), Navigational ENCs while retaining their official NOAA data, with the phrase ‘‘Certified charts, Certification requirements, status for meeting chart carriage NOAA ENC Distributor’’ or ‘‘Certified Incorporation by reference. regulations. No other processes result in NOAA ENC Value Added Distributor’’ For the reasons stated in the redistributed NOAA ENC products that on products and marketing materials. preamble, NOS proposes to amend 15 meet chart carriage regulations. Federal regulation and reporting would CFR chapter IX by adding Subchapter F, (b) Two types of certification are be extremely limited. Startup costs Part 995 to read as follows: offered. The first type, ‘‘Certified NOAA would be minimal. There would be no ENC Distributor’’ (CED), covers NOAA charge to small businesses for this SUBCHAPTER F—QUALITY ASSURANCE ENC downloading, exact copying, and official product, which they could use, AND CERTIFICATION REQUIREMENTS FOR redistribution of those copies. The alter, and/or resell for profit. The rule NOAA HYDROGRAPHIC PRODUCTS AND SERVICES second type, ‘‘Certified NOAA ENC would create a new market for Value Added Distributor’’ (CEVAD), electronic chart products that are PART 995—CERTIFICATION permits reformatting official NOAA recognized by NOAA through the REQUIREMENTS FOR DISTRIBUTORS ENCs into a System Electronic proposed certification process. OF NOAA HYDROGRAPHIC Navigational Chart (SENC) using type- C. Paperwork Reduction Act PRODUCTS approved software, and distribution of This proposed rule contains Subpart A—General that SENC. Both types of certification result in products that meet federal collection-of-information requirements Sec. subject to the Paperwork Reduction Act chart carriage regulations. Both types of 995.1 Purpose and scope. certification permit, but do not require, (PRA). The following requirements have 995.2 Incorporation by reference. been submitted to OMB for approval; 995.3 Availability of other publications. compression, encryption, and packaging the total estimate of burden hours 995.4 Definitions. with other data. annually for all distributors is 535 995.5 Abbreviations. (c) Entities without certification may hours. The total estimate of burden 995.6 Fees. continue to download official ENCs and hours per distributor is approximately 995.7 Liability. use, alter, and/or distribute that data, 995.8 Alterations. 60 hours a year. but the result does not meet federal These estimates include the time for Subpart B—Certification and Procedures nautical chart carriage regulations. reviewing instructions, searching 995.10 Correspondence and applications. Individuals may download official ENCs existing data sources, gathering and 995.11 Government review and approval. for their own use. If imported unaltered maintaining the data needed, 995.12 Certification designation. into a type-approved ECDIS, the result
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meets federal nautical chart carriage product specification for the production is a registered trademark and may not be regulations. of ENC data, and an updating profile. used without permission. (d) This part defines the minimum IHO S–57 documentation is available on System Electronic Navigational Chart requirements regarding the process for CD ROM from the International (SENC) means a database resulting from ensuring the quality of products Hydrographic Bureau, 4 quai Antoine the transformation of the ENC by ECDIS produced by re-distributing NOAA ENC 1er, B.P. 445, MC 98011 MONACO for appropriate use, updates to the ENC data or incorporating it into value-added CEDEX; telephone: (377) 93.10.81.00; e- by appropriate means and other data navigational products. These mail: [email protected]. added by the mariner. It is this database requirements apply to entities wishing (b) [Reserved] that is actually accessed by ECDIS for to have products and services for the re- the display generation and other distribution of NOAA ENC data § 995.4 Definitions. navigational functions, and is authorized as ‘‘Certified NOAA ENC Certified NOAA ENC Distributor equivalent to an up-to-date paper chart. Distributor’’ and/or as ‘‘Certified NOAA (CED) means an entity that is certified The SENC may also contain information ENC Value Added Distributors.’’ as a distributor of NOAA ENC files by from other sources. NOAA. This certification indicates that Value Added Distributor means a § 995.2 Incorporation by reference. the distributor meets certain company that may use the NOAA ENC Certain material listed in this section requirements (in Subparts A, B, and D to create derived products used by end is incorporated by reference with the of this document) that ensure timely users. approval of the Director of the Federal and accurate dissemination of NOAA Register under 5 U.S.C. 552(a) and 1 ENC data. § 995.5 Abbreviations. CFR part 51. The materials listed in this Certified NOAA ENC Value Added CED Certified NOAA ENC Distributor section are incorporated by reference in Distributor (CEVAD) means an entity CEVAD Certified NOAA ENC Value the corresponding sections noted. The that creates a derived product that has Added Distributor materials are available for purchase at been produced from NOAA ENC files CRC Cyclical Redundancy Checksum the corresponding addresses noted using a process certified by NOAA. This ECDIS Electronic Chart Display and below, and all are available for certification indicates that the CEVAD Information System inspection at the Office of the Federal meets certain requirements (in Subparts ENC Electronic Navigational Chart Register, 800 North Capitol Street, NW., A, C, and D of this document) that IEC International Electrotechnical Suite 700, Washington, DC, or at the ensure timely and accurate Commission U.S. Department of Commerce, 1401 dissemination of NOAA ENC data in a IHO International Hydrographic Constitution Avenue, NW., Washington, non-ENC format. Organization IMO International Maritime DC 20230. Derived product means a navigational Organization (a) The material listed below is product produced by transforming the ISO International Standards available for purchase from the NOAA ENC files to another format Organization International Hydrographic Bureau, 4 while preserving the content and accuracy. It may contain information NOAA National Oceanic and quai Antoine 1er, B.P. 445, MC 98011 Atmospheric Administration MONACO CEDEX; telephone: (377) from other sources. Distributor means a company that re- NOS National Ocean Service 93.10.81.00; fax: (377) 93.10.81.40; e- OCS Office of Coast Survey distributes a NOAA hydrographic mail : [email protected]. Orders may be SENC System Electronic Navigational product to end users in its original submitted by letter, fax, or e-mail. Chart (1) IHO Technical Resolution A3.11— format. SOLAS Safety of Life at Sea ENC/SENC Distribution Option, Electronic Chart Display and VAD Value Added Distributor updated September 2002, § 995.25. Information System (ECDIS) means the (2) [Reserved] internationally adopted computer- § 995.6 Fees. (b) [Reserved] assisted navigation system which, when The Office of Coast Survey, NOAA, complying with all of the required may charge a fee for costs incurred to § 995.3 Availability of other publications. specifications, can be accepted as the process the request for certification (a) For further guidance you may up-to-date chart required by V/20 of the pursuant to 33 U.S.C. 892b(b)(1)(C) and obtain the following: 1974 SOLAS Convention. 892b(b)(2). The amount of the fee, if one (1) IEC 61174—The International Electronic Navigational Chart (ENC) is charged, will be determined by the Electrotechnical Commission identified means a database, standardized as to Director, Office of Coast Survey, and and described the necessary content, structure, and format, issued charged to all Applicants based on the performance tests and checks for an for use with ECDIS on the authority of time and effort involved. Any fee shall International Maritime Organization government authorized hydrographic not exceed the costs of conducting the compliant ECDIS. The IMO Performance offices. The ENC contains all the chart quality assurance testing, evaluation, or Standards permit National Maritime information necessary for safe studies necessary to determine whether Safety Administrations to consider navigation and may contain the hydrographic product satisfies the ECDIS as the functional equivalent to supplementary information in addition standards. charts required by Regulation V, to that contained in the paper chart (e.g. If a fee is charged, it will be charged Chapter 20 of the 1974 SOLAS sailing directions), which may be for each application for certification Convention. IEC Publication 61174, considered necessary for safe submitted by an Applicant. The only dated August 1998, can be purchased navigation. exception is for resubmissions of from the IEC website: http:// NOAA ENC means Electronic revised requests that were initially www.iec.ch. Navigational Charts produced by the unacceptable and are sent in within 90 (2) IHO Special Publication S57—The National Oceanic and Atmospheric days as described in § 995.11(b)(2). IHO Transfer Standard for Hydrographic Administration. NOAA ENC files Data, edition 3, dated November 1996, comply with the IHO S–57 standard, § 995.7 Liability. describes the data structure and format Edition 3.1 and the ENC Product Distributors and value added to be used for the exchange of ENC data, Specification. The phrase ‘‘NOAA ENC’’ distributors certified under this section
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shall indemnify and hold harmless the that it demonstrates that Applicant has Survey, NOAA will provide written U.S. Government for any loss, claim, met all of the applicable requirements notification of any deficiencies to the damage, or liability of any kind, the described in this document. distributor. The distributor or value extent caused by the negligence of (2) In the event that a request is added distributor’s certification will be certified distributors or value added incomplete or does not demonstrate that immediately suspended and the distributors or their employees, arising Applicant has met all of the applicable distributor or value added distributor out of the use by a distributor or value requirements, NOAA will consider the shall have thirty (30) working days to added distributor, or any party acting on application unacceptable. NOAA will correct the deficiencies. If the its behalf or under its authorization, of notify the Applicant of the deficiencies deficiencies are not corrected within NOAA data. in writing. Applicant may re-submit a this time, the Director, Office of Coast revised application within 90 days of Survey, may terminate the certification. § 995.8 Alterations. receipt of NOAA’s denial notice. (b) Notice of termination will be NOAA reserves the right to change Resubmissions received after the 90-day provided to the distributor or value these requirements at any time. resubmission period will automatically added distributor in writing and will also be released to the public. Subpart B—Certification and be denied. NOAA will review (c) Certification may also be Procedures applications received within the 90-day resubmission period in the time frame terminated if the distributor or value § 995.10 Correspondence and described in § 995.11(a). After the added distributor: applications. second review, if the application is still (1) Contracts or transfers the (a) Distributors or value-added unacceptable, Applicant will be again production or distribution of all or part distributors desiring certification from notified of the deficiencies in writing. of the certified products to another NOAA shall provide a written request At that point, Applicant may not re- entity without the approval of NOAA, or and application for certification to the submit the application for certification (2) Fails to, or is unable (in the Office of Coast Survey, Attention: for a period of one year from the date opinion of NOAA) to carry out its Distribution Certification, N/CS, 1315 of the second notification of an responsibilities as described in these East West Highway, Silver Spring, unacceptable application. requirements. Maryland 20910. Such a distributor or (d) After a distributor or value added value-added distributor is hereafter § 995.12 Certification designation. distributor’s certification has been referred to as Applicant. The Office of (a) An Applicant that has been terminated, it may not resubmit a Coast Survey (OCS) is the approving certified by NOAA as a CED may use the request for certification for a period of office for certification under these phrase ‘‘Certified NOAA ENC one year from the date of termination. requirements. Distributor’’ on products and marketing § 995.16 Term of certification. (b) Applicant shall provide an materials. An Applicant that has been The duration of certification is five application for certification that certified by NOAA as a CEVAD may use years from the date of issuance. At the describes how each element in the the phrase ‘‘Certified NOAA ENC Value end of the certification’s duration, the applicable sections of these Added Distributor’’ on products and process must be re-certified by the requirements has been met. The marketing materials. distributor or value added distributor application will also contain an (b) [Reserved] submitting a request for certification as acknowledgment, signed by a company described in § 995.10. It may also be principal, of all terms and conditions § 995.13 Transfer of certification. revoked prior to the duration under the described in these requirements. If, subsequent to certification, a (c) Applicant shall use the distributor or value added distributor of conditions described in § 995.15. appropriate template provided in NOAA hydrographic products contracts Subpart C—Requirements for Certified Appendix A to these requirements to or in any way transfers the production Distributors and Value Added prepare their request for certification. or distribution of all or part of the Distributors of NOAA ENC Products (d) Applicant shall provide, with its certified products to another entity, the application, a point of contact with existing certification is terminated and § 995.20 General. mailing address, phone number, and e- the process must be re-certified. The requirements for certification as a mail address. Applicant shall § 995.14 Auditing. ‘‘Certified NOAA ENC Distributor’’ immediately notify NOAA, through the (CED) and ‘‘Certified NOAA ENC Value Office of Coast Survey, of any changes NOAA reserves the right to audit Added Distributor’’ (CEVAD) are to point of contact information. Failure certified distributors and value added described below. to do so will be considered a violation distributors of NOAA hydrographic of these requirements and may lead to products to ensure that these § 995.21 Registry of data users. termination of certification. requirements are being met. Such an (a) CED or CEVAD shall maintain a audit may consist of: visits to the registry of customers receiving NOAA § 995.11 Government review and approval. production facilities, product testing, ENC data. CED or CEVAD shall provide (a) An application will be reviewed by confirmation of ISO 9001 certification, said registry to NOAA on a biannual NOAA within 90 days of receipt. If all confirmation of type approval for basis for internal NOAA planning and requirements, as defined by these conversion software, and so forth. product evaluation use. NOAA agrees to document, are adequately addressed, treat such information as proprietary (if § 995.15 Termination of certification. certification will be granted. If for any requested to do so by the CED or reason NOAA will be unable to process (a) NOAA reserves the right to audit CEVAD). the application for certification within certified distributors. In the event that (b)(1) The registry shall include, but the 90-day time frame, Applicant will be NOAA determines that a certified not be limited to: notified and a revised date will be distributor or value added distributor of (i) Which NOAA ENC cells were provided for a decision on the request. NOAA hydrographic products is not provided to each customer; (b)(1) NOAA will determine if the meeting the requirements described in (ii) Edition number of each cell request for certification is complete and these regulations, the Office of Coast provided;
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(iii) Updates provided for each cell; compression technique provided that (2) Distribution report. CEVAD shall (iv) Method of distribution for each CED makes the decompression software provide a quarterly report to NOAA on customer. available to the end user as part of the when NOAA ENC files were (2) The registry may also include distribution service. Decompressed files downloaded and when they were information about the type and size of must have the same CRC checksum distributed or made available to end vessel that the NOAA ENC data has value as the original files. The CED users. been provided for as well as an agrees to make the compression/ (3) Additional data. (i) If CEVAD anonymous unique identifier for the decompression software and provides products to customers that vessel. documentation available to NOAA for incorporate other data in addition to testing. NOAA ENC data (e.g., ENC data from § 995.22 Training of data users. (iii) Encryption. The NOAA ENC files other nations, raster chart data, privately CED or CEVAD shall, by providing may be encrypted by CED, providing produced data, etc.), CEVAD shall appropriate training and/or adequate that the encryption/decryption process provide a clear indication in the product documentation, ensure that the does not result in any information loss which data are from official NOAA ENC recipient has a sufficient level of and that CED makes the decryption data and which data are not. This shall knowledge about the NOAA ENC and software available to the end user as be done in a way that allows the the service provided by CED or CEVAD, part of the distribution service. navigation system to give the end user including: Decrypted files must have the same CRC an automatic notification or warning (a) Any time delays that may occur checksum value as the original files. that particular data elements within the between official release of a NOAA ENC CED shall make the encryption/ product are not from the official NOAA or update, and CED or CEVAD decryption software and documentation ENC. Any such data shall not degrade providing same to end users; available to NOAA for testing. the official NOAA ENC data or (b) Any non-NOAA ENC data or (2) Frequency of distribution. CED information. information that is provided by CED or shall make all current editions of NOAA (ii) Additionally, any data that is CEVAD in addition to the NOAA ENC. ENC files and all updates to or new included with NOAA ENC data must § 995.23 Acquisition of data. editions of NOAA ENC files available to not result in embarrassment to the (a) CED or CEVAD shall obtain official its customers within five working days Department or NOAA. There must be no NOAA ENC files only by directly of the files or updates being posted by conflict with any trademark rights and downloading them from an official NOAA. the inclusion of non-NOAA data will NOAA ENC site on the Internet. (3) Distribution report. CED shall not constitute any endorsement of or (b)(1) After downloading NOAA ENC provide a quarterly report on when favoritism toward the non-NOAA data files, CED or CEVAD shall uncompress NOAA ENC files were downloaded and or CEVAD. the files and compute a CRC checksum when they were distributed to end (4) Identification of contents. CEVAD value for each NOAA ENC file and users. shall ensure that data provided to an (4) Additional data. (i) If CED end user clearly identify which NOAA verify that it matches the CRC checksum value contained in the CATALOG.031 provides other data to customers in ENC files are included in the product file provided with the NOAA ENC files addition to NOAA ENC data (e.g., ENC as to the contents (cells, updates, and by NOAA. This is to ensure that no data from other nations, raster chart ancillary files) and authenticity of the NOAA ENC files have been corrupted data, privately produced data, etc.), CED NOAA ENC files used. shall provide a clear indication to the during the download process. § 995.25 Quality Management System. (2) In the event that said CRC customer which files are official NOAA checksum value does not match that in ENC data and which files are not. This (a) Quality Management System for the CATALOG.031 file, CED or CEVAD may be accomplished through means CEVADs. (1) CEVAD shall operate a agrees to: such as package labeling, notifications quality management system, based on (i) Repeat the download process; in software, or other means. ISO 9001–2000 or equivalent, which (ii) In the event that said CRC (ii) Additionally, any data that is embraces all elements of the process checksum value for the repeat download included with NOAA ENC data must used to process and distribute NOAA does not match that in the not result in embarrassment to the ENC files. The minimum requirements CATALOG.031 file, immediately notify Department of Commerce or NOAA. for such a quality management system the NOAA ENC Production Manager at There must be no conflict with any are those defined in this document. The [email protected], and; trademark rights and the inclusion of quality management system must ensure (iii) Not distribute any NOAA ENC non-NOAA data will not constitute any that the production process complies that does not have a valid CRC endorsement of or favoritism toward the with all relevant requirements of this checksum. non-NOAA data or CED. document. (5) Identification of contents. CED (2) The quality management system § 995.24 Distribution of data. shall ensure that NOAA ENC files must, at a minimum, include an (a) Distribution of data by CED—(1) provided to an end user are clearly adequate account of: Format of distributed data—(i) General. identified as to the contents (cells, (i) The quality objectives and the Except as listed in § 995.24(a)(1)(ii) and updates, and ancillary files) and organizational structure, (iii), CED agrees to distribute NOAA authenticity of the exchange set. responsibilities, and powers of ENC data only in the original form (b) Distribution of Data by CEVADs— management with regard to production provided by NOAA after uncompressing (1) Frequency of distribution. CEVAD quality; and shall not change the file format (S– shall make all current editions of NOAA (ii) The techniques, processes, and 57 Edition 3.1 ENC or other formats ENC files and all updates to or new systematic actions that will be used for specified by NOAA), or contents, or editions of NOAA ENC files available to quality management throughout the alter the NOAA ENC data in any way. its customers within five working days production process, including NOAA (ii) Compression. The NOAA ENC of the files or updates being posted by ENC conversion and the quality of the files may be compressed using a lossless NOAA. product being distributed;
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(iii) The examination and tests that These tests may be combined with stated in § 995.24(a)(4)(ii) and (b)(3)(ii); will be carried out before, during, and testing of the conversion software. and there can be no endorsement or after processes essential for the quality (b) [Reserved] favoritism toward the distributor or of the product, and the frequency with value added distributor using the which they will be carried out; § 995.26 Conversion of NOAA ENC files to emblem, or other appearance of other formats. (iv) The quality records, such as impropriety. inspection records and test data, (a) Conversion of NOAA ENC files to (c) Certification under these qualification reports of personnel other formats—(1) Content. CEVAD may regulations does not automatically grant concerned resulting from the program provide NOAA ENC data in forms other the distributor or value added specified herein; and than that provided by NOAA. However, distributor the right to use the NOAA (v) The means for monitoring the CEVAD shall not change the logo. Use of the NOAA logo without achievement of the required quality of information content provided by the express permission from NOAA and the the product and the effective operation NOAA ENC. This means that all features Department of Commerce will be of the quality management system. and their associated attribution must be considered grounds for denial of an (3) Design and development changes preserved in the CEVADs data files application for certification or shall be reviewed, verified, and without degradation to positional termination of certification. validated as appropriate and approved accuracy or informational content. (d) Emblem use by certified by the ISO 9001 certification authority (2) Software certification. Conversion distributors or certified value added (or equivalent if another quality of NOAA ENC data to other formats distributors of NOAA electronic management system is used) before must be accomplished within the products. (1) A CED or CEVAD may use implementation. constraints of ‘‘IHO Technical the NOAA emblem in product labeling (4) If the type approved conversion Resolution A3.11 (Incorporation by and advertising materials but only in software is maintained by a third party, Reference see § 995.2)—ENC/SENC conjunction with the phrase ‘‘Certified CEVAD shall ensure that no changes Distribution Option,’’ in particular, NOAA ENC Distributor’’ or ‘‘Certified made to the conversion software render paragraph three: NOAA ENC Value Added Distributor,’’ the type approval of the conversion Distributors who are to supply the SENC as applicable, and only after receiving software invalid, and shall evaluate the service must operate under the regulations of separate, written permission from effects of such changes on the end users the issuing authority. The onshore ENC to NOAA and the Department of of the product. SENC conversion must be performed using Commerce as described below. (5) CEVAD shall analyze both internal type-approved software. (2) If the NOAA emblem is used with information and that received from (3) Error reporting. Any errors products that include other data, clear external parties in order to continually detected during the conversion process indication must be provided to the monitor and improve the production shall be logged and investigated prior to customer indicating that the emblem process and the product being releasing the data in which the errors and the phrase ‘‘Certified NOAA ENC distributed. occurred. Any errors that apparently Distributor’’ or ‘‘Certified NOAA ENC (6) CEVAD shall ensure that originate in the NOAA ENC files shall Value Added Distributor’’ does not personnel performing work affecting the be immediately reported to NOAA. apply to the entire product delivered. production process are competent with (4) Format check. CEVAD shall ensure Information on the effects of such regard to appropriate education, that the converted data conforms to the limitation must be provided to the training, skills, and expertise. CEVAD’s own format specifications and customer. (See § 995.24(a)(4) and (5), (7) CEVAD shall conduct internal shall test load the converted data to and (b)(3) and (4)). audits at planned intervals to determine ensure that it will correctly load and whether the quality management system § 995.29 Limitation on endorsements. display on the intended equipment. conforms to the requirements of this (b) [Reserved] By certifying compliance with these document and is effectively requirements, NOAA does not implemented and maintained. The audit § 995.27 Format validation software automatically, directly, or indirectly program shall take into consideration testing. endorse any product or service the individual processes’ importance in Tests shall be performed verifying, as provided, or to be provided, by relation to the product quality, as well far as reasonable and practicable, that distributor or value added distributor or as results of previous audits. Selection CEVAD’s data testing software performs its successors, assignees, or licensees. of auditors and conducting of audits the checks, as specified by CEVAD, for The distributor or value added shall, as far as practicable, insure verifying that the converted data distributor shall not in any way imply objectivity and impartiality in the audit conforms to its own proprietary product that this certification is an endorsement process. specification. These tests may be of any such product or service without (8) CEVAD shall ensure that actions combined with testing of the conversion separate, written permission from are taken without undue delay to software. NOAA and the Department of eliminate detected non-conformities and Commerce. their causes. Follow-up activities shall § 995.28 Use of NOAA emblem. include the verification of the actions (a) Permission for the use of the Appendix A to Subpart C of Part 995— taken and the reporting of verification NOAA emblem must be obtained by Certification Application Templates results. formally requesting such permission Notice to respondents: (9) Format validation software testing. from NOAA and the Department of This information is being collected by Tests shall be performed verifying, as far Commerce through NOAA’s Office of NOAA to ascertain qualifications for certification as an authorized distributor of as reasonable and practicable, that Coast Survey. CEVAD’s data testing software performs (b) Use of the NOAA emblem must official NOAA ENC data. NOAA developed this certification process under the authority the checks, as specified by CEVAD, for satisfy an interest of the Department; the of 33 U.S.C. 892b(b)(1), which states that the verifying that the converted data use may not result in embarrassment to Administrator of NOAA is directed to conforms to its own proprietary product the Department; there must be no develop and implement a quality assurance specification. conflict with any trademark rights, as program that is equally available to all
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applicants, under which the Administrator (2) Training of data users (14) Correspondence and Applications/Point may certify hydrographic products that Include a description of any training and of contact satisfy the standards promulgated by the a copy of any documentation provided to Distributor agrees to immediately notify Administrator under section 892a(a)(3) of the users that is intended to meet this the Government of any changes to point of Hydrographic Services Improvement Act. requirement. contact information. The information on these forms is not associated with performance of agency (3) Acquisition of data (15) Auditing functions. Distributor asserts that all procedures Distributor acknowledges that NOAA Public reporting burden for this collection described in this requirement for the reserves the right to audit Distributor to of information is estimated to average 16 acquisition of NOAA ENC data for ensure that these requirements are being met. hours per response, including the time for distribution are being followed. (16) Termination of certification reviewing instructions, searching existing (4) Distribution of data/General data sources, gathering and maintaining the Distributor acknowledges the conditions data needed, and completing and reviewing Distributor asserts that all NOAA ENC leading to and procedures for the termination the collection of information. Send data distributed will be in the format of certification as described in the comments regarding this burden estimate or described by this requirement. requirements. any other aspect of this collection of (5) Distribution of data/Compression (17) Term of certification information, including suggestions for Distributor shall indicate if data Distributor acknowledges that the duration reducing this burden, to compression techniques are used. If of certification is five years from the date of [email protected]. Distributor uses data compression issuance. Responses to this collection are considered techniques, Distributor asserts that the voluntary, though they are required for (18) Liability process meets the requirements of this certification. By signing this request for certification, section. The information requested on these forms Distributor pledges to indemnify and hold will not be disseminated to the public or (6) Distribution of data/Encryption harmless the U.S. Government for any loss, used to support information that will be Distributor shall indicate if data encryption claim, damage, or liability of any kind, the disseminated to the public. Any disclosure of techniques are used. If Distributor uses data extent caused by the negligence of Distributor propriety information will be held in encryption techniques, Distributor asserts or its employees, arising out of the use by the confidentiality as regulated under the Trade Distributor, or any Party acting on its behalf that the process meets the requirements of Secrets Act. NOAA will not violate that Act’s this section. or under its authorization, of NOAA ENC prohibitions against unauthorized agency data. disclosures of trade secrets or other (7) Distribution of data/Frequency of Signature of this request constitutes an confidential business information. distribution acknowledgement by Distributor of ALL Notwithstanding any other provision of the Distributor asserts that any updates will be applicable terms and conditions described in law, no person is required to, nor shall any transmitted to their users within the time the certification requirements. person be subject to a penalty for failure to, constraints described by this requirement. Signed: comply with a collection of information (8) Distribution of data/Distribution report Title: subject to the requirements of the Paperwork Date: Distributor shall provide an example of the Reduction Act, unless that collection of OMB Control #llll Expires ll information displays a currently valid OMB distribution report described by this requirement. Application for Certification as ‘‘Certified Control Number. NOAA ENC Value Added Distributor’’ OMB Control # llll Expires llll (9) Distribution of data/Additional data Company Name Distributor shall indicate if additional data Application for Certification as ‘‘Certified Company Address NOAA ENC Distributor’’ is to be distributed with the NOAA ENC Company Phone Number data. If so, Distributor shall provide examples Company Fax Number Company Name of how the data users will be informed as to Company Address Company E-Mail Address the official and unofficial contents of the data Point of Contact Company Phone Number as described in this requirement. Company Fax Number Point of Contact Address Company E-Mail Address (10) Distribution of data/Identification of Point of Contact Phone Number Point of Contact contents Point of Contact Fax Number Point of Contact Address Distributor shall provide examples of how Point of Contact E-Mail Address Point of Contact Phone Number the contents of the NOAA ENC files will be This is a request for the above named Point of Contact Fax Number identified to the users. company (hereinafter referred to as Value Added Distributor) to be certified as a Point of Contact E-Mail Address (11) Use of NOAA emblem ‘‘Certified NOAA ENC Value Added This is a request for the above named Distributor acknowledges that a separate Distributor’’ (CEVAD). This document company (hereinafter referred to as request for the use of the NOAA emblem describes how each of the requirements for Distributor to be certified as a ‘‘Certified must be submitted according to the certification is being met. Descriptive titles NOAA ENC Distributor’’ (CED). This procedure described in § 995.28. after each number in parenthesis correspond document describes how each of the to section titles in the rule. requirements for certification is being met. (12) Limitation on Endorsements Descriptive titles after each number in Distributor acknowledges that NOAA does (1) Registry of data users parenthesis correspond to section titles in the not automatically, directly, or indirectly Include a description of the data user rule. endorse any product or service provided, or registry, including: (1) Registry of data users to be provided, by Distributor, its successors, (a) What data elements it contains, assignees, or licensees. Distributor shall not specifically showing how the required Include a description of the data user in any way imply that this certification is an elements are included; registry, including: endorsement of any such product or service (b) A hardcopy sample of the report that (a) What data elements it contains, without separate, written permission. will be periodically submitted to NOAA; specifically showing how the required (13) Correspondence and Applications/ (c) A short description of how the registry elements are included; is maintained. (b) A hardcopy sample of the report that Requests for Certification will be periodically submitted to NOAA; Distributor acknowledges and agrees to all (2) Training of data users (c) A short description of how the registry procedures and requirements described Include a description of any training and is maintained. pertaining to the certification process. a copy of any documentation provided to
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users that is intended to meet this to this requirement and the results stated in DEPARTMENT OF COMMERCE requirement. this section of the request for certification. (3) Acquisition of data (14) Use of NOAA emblem National Oceanic and Atmospheric Administration Value Added Distributor asserts that all Value Added Distributor acknowledges procedures described in this requirement for that a separate request for the use of the 15 CFR Part 996 the acquisition of NOAA ENC data for NOAA emblem must be submitted according distribution are being followed. to the procedure described in § 995.28. (4) Quality Management System [Docket No: 040908256425601] (15) Limitation on Endorsements Value Added Distributor shall provide a Value Added Distributor acknowledges RIN 0648–AS50 copy of the ISO 9001–2000 certification or that NOAA does not automatically, directly, certification of compliance with an Quality Assurance and Certification equivalent program of quality management or indirectly endorse any product or service that covers the processes described in this provided, or to be provided, by Value Added Program for NOAA Hydrographic section of the requirements. Distributor, its successors, assignees, or Products licensees. Value Added Distributor shall not (5) Conversion of NOAA ENC files to other AGENCY: National Ocean Service (NOS), formats in any way imply that this certification is an endorsement of any such product or service National Oceanic and Atmospheric Value Added Distributor asserts that all without separate, written permission. Administration (NOAA), Department of NOAA ENC content and accuracy are Commerce (DOC). preserved during the conversion process as (16) Correspondence and Applications/ ACTION: Proposed rule; request for described in this section of the requirements. Requests for Certification comments. (6) Conversion of NOAA ENC files to other Value Added Distributor acknowledges formats/Software certification and agrees to all procedures and SUMMARY: The National Oceanic and Value Added Distributor shall provide a requirements described pertaining to the Atmospheric Administration (NOAA) copy of the type approval certificate for the certification process. has been mandated to develop and software used to convert the NOAA ENC (17) Correspondence and Applications/Point implement a quality assurance program files to the Value Added Distributor’s format. of contact that is equally available to all (7) Conversion of NOAA ENC files to other Value Added Distributor agrees to applicants, under which the formats/Error reporting Value Added immediately notify the Government of any Administrator may certify hydrographic Distributor asserts that they shall log and changes to point of contact information. products that satisfy standards report any errors in the NOAA ENC data (18) Auditing promulgated by the Administrator. detected during the conversion process. ‘‘Hydrographic products’’ are any Value Added Distributor shall provide an Value Added Distributor acknowledges publicly or commercially available example of the report format that they will that NOAA reserves the right to audit Value products produced by a non-Federal Added Distributor to ensure that these use. entity that include or display requirements are being met. (8) Conversion of NOAA ENC files to other hydrographic data. The Administrator formats/Format check (19) Termination of certification proposes to fulfill this mandate by Value Added Distributor asserts that all Value Added Distributor acknowledges the establishing procedures by which data shall be checked for conformance with conditions leading to and procedures for the hydrographic products are proposed for Value Added Distributor’s own format termination of certification as described in certification; by which standards and specifications and shall test load the the requirements. compliance tests are developed, converted data as described in this section of (20) Term of certification adopted, and applied for those products; the requirements. Value Added Distributor acknowledges and by which certification may be (9) Distribution of data/Frequency of awarded or denied. These procedures distribution that the duration of certification is five years from the date of issuance. would be the mandated Quality Value Added Distributor asserts that any Assurance Program, and the updates will be transmitted to their users (21) Liability implementation of the program would within the time constraints described by this By signing this request for certification, be the execution of those procedures for requirement. Value Added Distributor pledges to specific hydrographic products. (10) Distribution of data/Distribution report indemnify and hold harmless the U.S. DATES: Comments must be received by Government for any loss, claim, damage, or Value Added Distributor shall provide an November 15, 2004. example of the distribution report described liability of any kind, the extent caused by the ADDRESSES: by this requirement. negligence of Value Added Distributor or its Comments in writing employees, arising out of the use by the should be submitted to Director, Office (11) Distribution of data/Additional data Value Added Distributor, or any party acting of Coast Survey, National Ocean Value Added Distributor shall indicate if on its behalf or under its authorization, of Service, NOAA (N/CS), 1315 East West additional data is to be distributed with the NOAA ENC data. Highway, Silver Spring, MD 20910. NOAA ENC data. If so, Value Added Signature of this request constitutes an Written comments may be faxed to (301) Distributor shall provide examples of how acknowledgement by Value Added the data users will be informed as to the 713–4019. Comments by e-mail should official and unofficial contents of the data as Distributor of ALL applicable terms and be submitted to described in this requirement. conditions described in the certification [email protected]. requirements. (12) Distribution of data/Identification of FOR FURTHER INFORMATION CONTACT: Mr. contents Dated: October 4, 2004. David B. Enabnit, Office of Coast Value Added Distributor shall provide Richard W. Spinrad, Survey, NOAA (N/CSx2), 1315 East- examples of how the contents of the NOAA Assistant Administrator for Ocean Services West Highway, Silver Spring, MD, ENC files will be identified to the users. and Coastal Zone Management, National 20910, (voice phone) 301–713–2770 (13) Format validation software testing Oceanic and Atmospheric Administration. x132, (fax phone) 301–713–4019, (e- The validation software used by Value [FR Doc. 04–23167 Filed 10–14–04; 8:45 am] mail) [email protected]. Added Distributor shall be tested according BILLING CODE 3510–JE–P SUPPLEMENTARY INFORMATION:
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Background responsibilities under the Hydrographic procedures for a particular hydrographic Services Improvement Act. product will be based on the standards Definitions 1. NOAA interprets the Act as identified by NOAA or written Hydrographic products—any publicly intending to stimulate the development collaboratively with the affected parties. or commercially available product of hydrographic products by the private 6. Certification of a specific produced by a non-Federal entity that sector. The intent of NOAA’s hydrographic product under the Quality includes or displays hydrographic data. participation in this private sector Assurance Program will be at the option Hydrographic data—information activity is to provide the public a of NOAA. However, certification will be acquired through hydrographic or measure of confidence in the content, the goal in cases where NOAA decides bathymetric surveying, quality, and adherence to published to write or adopt standards. Any non- photogrammetry, geodetic, geospatial, or standards of the resulting hydrographic Federal entity will be permitted to geomagnetic measurements, tide and products. NOAA interprets the Act in a submit for certification hydrographic current observations, or other methods, broad sense. Therefore, ‘‘standards’’ and products that it asserts are compliant that is used in providing hydrographic ‘‘quality assurance program’’ are with the NOAA-adopted standards. services. considered to be generic terms that 7. Certification of products under the Hydrographic services—hydrographic apply to any means of satisfying the Program will mean that the services means: intent of the Act and the intent of hydrographic product has been found to NOAA’s participation, and that are —The management, maintenance, be compliant with the NOAA-adopted within NOAA’s authorities. standards for that particular interpretation, certification, and 2. Standards, and quality assurance dissemination of bathymetric, hydrographic product. Certification tests and procedures, will preferably be conveys no express or implied warranty hydrographic, geodetic, geospatial, written in collaboration with those geomagnetic, and tide and current as to the merchantability or fitness for affected, not just written and a particular purpose; conveys no information, including the production promulgated by NOAA. In some of nautical charts, nautical express or implied liability on the part instances, NOAA may adopt an existing of the Government of the United States information databases, and other standard or quality assurance program, products derived from hydrographic for the hydrographic products; and rather than originate one. NOAA may conveys no automatic, direct or indirect data; develop standards and quality assurance —The development of nautical NOAA endorsement of any product or tests on its own initiative should, for service. NOAA may audit hydrographic information systems; and example, it be deemed beneficial for —Related activities. products it has certified, and may those standards and tests to be decertify hydrographic products based The Act established before the appearance of a on its findings. particular hydrographic product. This The Hydrographic Services 8. NOAA does not intend to write approach may be used to stimulate the standards and perform quality assurance Improvement Act of 1998, as amended production of a product that NOAA by the Hydrographic Services for every hydrographic product anticipates would be beneficial. submitted by a non-Federal entity. Improvement Act Amendments of 2002 3. The level to which standards are NOAA will select those deemed (codified as 33 U.S.C. 892b), directs: developed, and to which quality appropriate for standards and 1. IN GENERAL—The assurance is performed, may vary for certification by taking into account: Administrator— different hydrographic products. For A. By not later than 2 years after the example, certification for manufacturers —The magnitude of the public benefit date of enactment of the Hydrographic making exact copies of NOAA products and enhancement of public safety that Services Improvement Act Amendments may be implemented in a substantially would be achieved compared to the of 2002, shall, subject to the availability differently manner from the certification commitment of resources that would of appropriations, develop and of a complex cartographic product. be required; implement a quality assurance program NOAA considers all such ‘‘standards’’ —The breadth of support for standards that is equally available to all and ‘‘certifications’’ as meeting the and certification among all the applicants, under which the intent of the Act. affected communities; Administrator may certify hydrographic 4. NOAA will work, to the extent —The practicality of writing and products that satisfy the standards practicable, through existing, enforcing an effective standard and promulgated by the Administrator recognized, standards and certification compliance tests; under section 303(a)(3) of the Act; bodies. This will permit the use of —The availability of suitable, similar B. May authorize the use of the proven methods of developing, products that may already meet the emblem or any trademark of the documenting, and implementing needs of the public; Administration on a hydrographic standards and certification. It will —NOAA’s expertise related to that product certified under subparagraph leverage NOAA’s resources with those needed to write an appropriate (A); and of such bodies. It will provide a more standard; C. May charge a fee for such widely accepted result than had NOAA —Availability of resources; and certification and use. promulgated a standard solely under its —Other relevant criteria as they become Section 303(a)(3) referenced above own name. apparent. states that the Administrator shall 5. NOAA will establish the required In general, NOAA does not intend to ‘‘promulgate standards for hydrographic Quality Assurance Program for write standards and certify products services provided by the hydrographic products. The Quality that would be used to meet the nautical administration.’’ Assurance Program will be general chart and publications carriage procedures that apply to all requirements mandated in the Code of Statement of Policy hydrographic products, and specific Federal Regulations and elsewhere. The NOAA will act in accordance with the tests and procedures that apply to federal government already provides following policies in fulfilling its specific hydrographic products. The official products for this purpose, and Quality Assurance Program specific quality assurance tests and there are valid safety reasons for
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maintaining a single complying product products. Thus, for purposes of —A resulting standard for which NOAA for regulated carriage. accountability under the Act, NOAA is lacks confidence in the safety 9. Use of the NOAA emblem on interpreting ‘‘standards,’’ ‘‘quality implications of products that might certified hydrographic products will assurance,’’ and ‘‘certification’’ as meet that standard; require separate written permission. Use generic terms describing an outcome —Lack of consensus among the affected of the NOAA emblem must satisfy an rather than as a specific formalism or organizations writing the standard interest of the Agency, and must not document. For example, some non- and compliance tests; result in embarrassment to the Agency. Federal entities may intend to —Failure of adoption of the draft If the NOAA emblem is used on reproduce exactly NOAA products such standards by the participating products that include other data or as the Tide Tables. In this case, a standards-writing body; products, clear indication will be ‘‘standard’’ may be a simple agreement, —Standards that negatively impact the required as to what is NOAA certified. in which the manufacturer agrees to intent of the Act, such as those that The inclusion of other data or products certain standards of copy quality. might exclude existing, suitable will not constitute any endorsement of, Further, because the complexity is low, products; or standards that benefit a or favoritism toward, the other data or self-certification might be used as the single company; products by NOAA. means of compliance testing. Other such —Adopted standards that are specious; 10. NOAA may charge for its authorities available to NOAA that may or standards and certification activities be used include: business licenses, —Other relevant reasons as they become such sums as may be permitted or Agent Agreements, no-cost contracts, apparent. required under this Act, or under other self-certification, adoption of industry Paragraph 7 statutory authorities. standards, and the use of existing NOAA does not intend to certify 11. NOAA will operate the Quality certification organizations. products as suitable for any specific Assurance Program in an open and Paragraph 2 purpose such as for use as a backdrop public manner. All standards, tests, and in Automated Identification Systems. procedures will be publicly available. Participation by the affected Certification only means that there is an The public will be given ample public communities in writing standards and adopted NOAA standard, documented notification of activities under the compliance tests provides an important compliance tests; and that the subject Quality Assurance Program, and will be guarantee that there is broad need for hydrographic product has been through given ample opportunity to comment standards and certification, and that the the tests and was determined to be and have their comments heard. This resulting standard and certification meet compliant with the standard. opportunity to participate in the Quality the needs of the affected communities. Assurance Program and the opportunity Relevant communities might include: Paragraph 8 manufacturers, users, regulators, to submit hydrographic products for NOAA does not interpret the Act as certification under that Program will be resellers, developers of products that use certified hydrographic products merely a way to provide manufacturers equally available to all. with a marketing claim for their 12. In all matters, NOAA will proceed such as datasets, and manufacturers of competing or substitute products. product, or as a means for one in a manner that maximizes public manufacturer to differentiate his safety. Participation in the drafting of standards and quality assurance tests product from the competition, although Discussion of Selected Sections of the and procedures must be substantive and that might be a resulting effect. Neither Policy continuing by the designated members does NOAA interpret the Act as intending to result in ‘‘private Paragraph 1 of the affected communities. The responsibility will lie with the non- standards’’ that may only apply to one NOAA interprets the Act as an Federal entity submitting a manufacturer’s product. attempt to increase the richness of the hydrographic product for certification to In addition, NOAA interprets the Act suite of hydrographic products available propose a broadly based group of as intending to call forth new products, to the public, and to ensure the safety acknowledged representatives of not substitutes for official ones being of those products. In addition, NOAA affected groups, and to secure their provided by the Administration. In interprets the Act to include ‘‘services’’ participation in the writing of standards general, NOAA does not intend to write as meeting the definition of and compliance tests. standards and certify products that ‘‘hydrographic products,’’ and may would be used to meet the nautical choose to write standards, quality Paragraph 6 chart and publications carriage assurance tests and procedures, and to The Act leaves the certification of requirements mandated in the Code of certify appropriate services. Nautical hydrographic products as optional for Federal Regulations and elsewhere. The chart updating services, or an electronic NOAA. The assumption will be, federal government already provides navigational chart distribution service, however, that if NOAA undertakes to official products for this purpose, and are examples of services that NOAA write standards, it also intends to offer there are valid safety reasons for may consider a ‘‘hydrographic product’’ certification of the resulting maintaining a single, official nautical under the Act. hydrographic products. In general, chart or publication where federal Other tools within NOAA’s authority NOAA will not undertake to write regulations mandate carriage, and for may be used to meet the purposes of the standards and compliance tests if it can not certifying private products for that Act. Depending on the complexity of the foresee that certification will not be same purpose. These reasons include: hydrographic product, and the amount offered. —Removing any confusion as to what of risk the public would be exposed to, The decision to offer certification will products satisfy the federal NOAA reserves the right to select any be made on a case-by-case basis. regulations; authorized means of establishing new Circumstances may arise that cause —Having all vessels making navigation products and providing a measure of standards to be written, but certification decisions on exactly the same confidence in the content, quality, and to not be offered. Such circumstances information, particularly in meeting adherence to standards for those might include: situations or at night;
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—Guaranteeing the timeliness and proposed for certification; by which information are necessary for the proper accuracy of updates to official standards and compliance tests are performance of the functions of the charting products and their developed, adopted, and applied for agency and whether the information distribution; those products; and by which shall have practical utility; the accuracy —Removing ambiguity as to the status certification may be awarded or denied. of the burden estimate; ways to enhance of non-certified data that may be NOAA is required to develop this the quality, utility, and clarity of the included on or with certified private Quality Assurance Program under the information to be collected; and ways to hydrographic products; authority of 33 U.S.C. 892b. minimize the burden of the collection of —Liability for other information when The Small Business Administration information, including the use of packaged with a certified guideline to separate small from large automated collection techniques or ‘‘hydrographic product;’’ and businesses is $4 million for Mapmaking other forms of information technology. —The impracticality of NOAA policing firms and $5 million for Navigational Send comments on these or any other all substitute official products— Services to Shipping and Other Support aspects of the collection of information products on which data changes Activities for Water Transportation. to Director, Office of Coast Survey, weekly. NOAA is unable to determine the total National Ocean Service, NOAA (see Exceptions to this intention might number of small entities that will be ADDRESSES) and to David Rostker at the include cases where NOAA specifically affected by this rule, as it does not Office of Information and Regulatory prepares a carriage-compliant product specifically track this type of Affairs, OMB, by e-mail to for manufacture and distribution by the information. However, based upon [email protected] or by fax to non-Federal entities. general knowledge of the industry, (202) 395–7285. NOAA believes the majority of the Paragraph 9 Notwithstanding any other provision entities affected will be small of the law, no person is required to The presumption will be that use of businesses. respond to, nor shall any person be The estimated economic impact to the NOAA emblem will be permitted if subject to a penalty for failure to comply small entities for submitting NOAA proceeds with standards and with, a collection of information subject certification. However, the use of the hydrographic products under this program is not expected to be greater to the requirements of the PRA, unless NOAA emblem will be carefully that collection of information displays a monitored. In particular, it will be than $600 per product submitted for labor to prepare the application. In currently valid OMB Control Number. monitored to insure that the use of the There are no duplicative, overlapping, emblem is not done in a manner to addition, it is expected that there will be an average charge of $5,000 per product or conflicting Federal rules associated imply the endorsement of any with this proposed rule. manufacturer; any other data, service, or submitted for compliance testing. This product that may be packaged with a proposed rule is voluntary. Only those List of Subjects in 15 CFR Part 996 certified hydrographic product; or any applicants who wish to submit hydrographic products and have them Navigation (water), Hydrographic particular use of a certified products, Certification requirements. hydrographic product, and to monitor certified need apply. NOAA does not that its use not bring discredit upon the believe this cost will hurt small For the reasons stated in the Agency or the Department. companies, and the estimated costs preamble, NOS proposes to amend 15 incurred should be offset through the CFR chapter IX by adding part 996 to Classification benefits in increased sales of the read as follows: A. Executive Order 12866 product because of its ‘‘certified’’ status SUBCHAPTER F—QUALITY ASSURANCE or else private companies would not AND CERTIFICATION REQUIREMENTS FOR This proposed rule has been choose to submit their products to this NOAA HYDROGRAPHIC PRODUCTS AND determined to be not significant for the voluntary program. SERVICES purposes of Executive Order 12866. C. Paperwork Reduction Act PART 996—QUALITY ASSURANCE AND B. Regulatory Flexibility Act CERTIFICATION REQUIREMENTS FOR This proposed rule contains The Chief Counsel for Regulation of NOAA HYDROGRAPHIC PRODUCTS AND collection-of-information requirements SERVICES the Department of Commerce certifies to subject to the Paperwork Reduction Act the Chief Counsel for Advocacy of the (PRA). These requirements have been Subpart A—General Small Business Administration that this submitted to OMB for approval. Sec. proposed rule will not have a The following requirements have been 996.1 Purpose and scope. significant, negative economic impact submitted to OMB for approval: 4 hours 996.2 Definitions. on a substantial number of small to prepare the application to have 996.3 Fees. entities. The purpose of this rule is to standards and compliance tests 996.4 Liability. 996.5 Alterations. develop and implement a quality developed; 4 hours to prepare the assurance program that is equally application to have a specific Subpart B—The Quality Assurance Program available to all applicants, under which hydrographic product certified; and 4 for Hydrographic Products the Administrator of NOAA may certify hours for an estimated, single request 996.10 Submission and selection of hydrographic products that satisfy for NOAA to reconsider a decision made hydrographic products for the standards promulgated by the under the program. These estimates development of standards and Administrator. ‘‘Hydrographic include the time for reviewing compliance tests. products’’ are any publicly or instructions, searching existing data 996.11 Development of standards for a commercially available product hydrographic product or class. sources, writing the application 996.12 Development of standards produced by a non-Federal entity that information and/or request for compliance tests for a hydrographic includes or displays hydrographic data. reconsideration, and for sending the product or class. The Administrator proposes to fulfill applications to NOAA. 996.13 Determination of whether to offer this mandate by establishing procedures Public comment is sought regarding certification for a hydrographic product by which hydrographic products are whether these proposed collections of or class.
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Subpart C—Certification of a hydrographic current observations, or other methods, § 995.5 Alterations. product and decertification. that is used in providing hydrographic NOAA reserves the right to change 996.20 Submission of a hydrographic services. these requirements at any time. product for certification. Hydrographic product means any 996.21 Performance of compliance testing. publicly or commercially available Subpart B—The Quality Assurance 996.22 Certification. product produced by a non-Federal Program for Hydrographic Products 996.23 Audit and decertification of entity that includes or displays hydrographic products. § 996.10 Submission and selection of hydrographic data. hydrographic products for the development Subpart D—Other Quality Assurance Hydrographic product class means a of standards and compliance tests. Program Matters group of hydrographic products with (a) Any non-Federal entity may 996.30 Use of the NOAA emblem. similar traits, attributes, purposes, or submit a hydrographic product to be 996.31 Termination of the Quality users. considered for the development of Hydrographic services means: Assurance Program. standards and compliance tests under 996.32 Appeals. —The management, maintenance, this Quality Assurance Program. 996.33 Acceptance of program by non- interpretation, certification, and Federal entities. (b) Submission shall be made to the dissemination of bathymetric, Quality Assurance Program address Authority: 33 U.S.C. 892b. hydrographic, geodetic, geospatial, below, or to such other address as may geomagnetic, and tide and current Subpart A—General be indicated in the future: information, including the production Director (N/CS), ATTN: Hydrographic § 996.1 Purpose and scope. of nautical charts, nautical Product Quality Assurance Program, information databases, and other The National Oceanic and Office of Coast Survey, NOAA, 1315 products derived from hydrographic Atmospheric Administration (NOAA) East West Highway, Silver Spring, MD data; has been mandated to develop and 20910. —The development of nautical (c) The submission shall include implement a quality assurance program information systems; and (1) Name and description of the that is equally available to all —Related activities. proposed hydrographic product. applicants, under which the Quality Assurance Program means a (2) The non-Federal entity submitting Administrator may certify hydrographic set of procedures by which the product for the development of products that satisfy standards hydrographic products are proposed for standards and compliance tests, and promulgated by the Administrator. certification; by which standards and contact information for that entity. This ‘‘Hydrographic products’’ are any compliance tests are developed, and, if non-Federal entity shall be known as publicly or commercially available suitable, are adopted by NOAA for those the sponsor. products produced by a non-Federal products or their product class; and by (3) The names and contact entity that include or display which certification of individual information of proposed representatives hydrographic data. The Administrator products may be awarded or denied. of the affected communities who have proposes to fulfill this mandate by Quality Assurance Program committed to participate substantively establishing procedures by which implementation means the execution of in the writing of standards and hydrographic products are proposed for the Quality Assurance Program compliance tests. Affected communities certification; by which standards and procedures for specific hydrographic might include: manufacturers, users, compliance tests are developed, products. regulators, resellers, developers of adopted, and applied for those products; Sponsor means a non-Federal entity products that use certified hydrographic and by which certification may be that is submitting a hydrographic products such as datasets, and awarded or denied. These procedures product to the Quality Assurance manufacturers of competing or would be the mandated Quality Program for the development of substitute products. Assurance Program, and the standards and compliance tests. (4) The names and contact implementation of the program would information of the standards setting be the execution of those procedures for § 996.3 Fees. body, and the compliance testing body specific hydrographic products. NOAA may charge for its Quality under whose authority it is proposed Assurance Program activities such sums § 996.2 Definitions. that the standards and compliance tests as may be permitted or required under will be written and adopted. Agency means the National Oceanic this Act, or under other statutory (5) Information deemed relevant by and Atmospheric Administration. authorities. Such sums are non- the sponsor for NOAA to consider in Applicant means a non-Federal entity refundable. NOAA will attempt to deciding whether to proceed with the that is submitting a hydrographic identify any such charges upon first development of standards, compliance product to the Quality Assurance submission of a hydrographic product. tests, and certification. Such Program for certification. However, the intent to charge and the information should address at a Certification means a determination amounts may change. NOAA will minimum: made by NOAA that a hydrographic promptly notify the sponsor of any such (i) The type and magnitude of the product submitted by a non-Federal changes, and permit the sponsor to public benefits and enhancement of entity has met the requirements withdraw hydrographic products from public safety that would be achieved; established by NOAA for a particular consideration under the Quality (ii) The breadth of support for hydrographic product or class. Assurance Program should they so standards and certification among all Department means the Department of choose. the affected communities; Commerce. (iii) The practicality of writing and Hydrographic data means information § 996.4 Liability. enforcing an effective and appropriate acquired through hydrographic or The Government of the United States standard; bathymetric surveying, shall not be liable for any negligence by (iv) The availability of suitable, photogrammetry, geodetic, geospatial, or producers of hydrographic products similar products that may already meet geomagnetic measurements, tide and certified under this part. the needs of the public; and
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(v) The required expertise needed to (h) Any party, including the sponsor, (c) NOAA shall then undertake, write an appropriate standard. shall have an opportunity to request jointly with representatives of the (d) NOAA may, at its option, define reconsideration of NOAA’s decision. affected community, members of the a hydrographic product class of which Said request shall be submitted in standards body and the body itself, the proposed hydrographic product is a writing, to the Quality Assurance other governmental representatives, and specific instance. Standards and Program address, postmarked within 30 the sponsor as appropriate, to have the compliance tests may then be prepared days of NOAA’s announcement of its resulting standard officially adopted by for the class rather than for an decision, and shall contain written the standards body according to the individual non-Federal entity’s specific material supporting the requestor’s procedures of that body. product. position. NOAA shall have, if its other (d) NOAA may, at its option, proceed (e) NOAA shall publicize, in the obligations permit, 60 calendar days without the participation of an existing, Federal Register or by other appropriate from the receipt of a request for recognized, standards body should it so means, the hydrographic product or reconsideration to either deny the choose. Such action might be taken, for class in order to solicit comments on the request, or to reconsider and announce example, if there were no appropriate proposal that standards and compliance its decision. standards body. In this eventuality, tests be written and certification be (i) NOAA’s decision, either the NOAA shall adhere to the following offered for that hydrographic product or original decision if unappealed within general procedure. class. Comments might include, but are 30 days, or the decision after the request (1) Announce, in the Federal Register not limited to, general information; for reconsideration, shall be considered or by other appropriate means, NOAA’s statements of interest in participating in final. intention to organize and chair a the development of standards and (j) NOAA itself may choose to identify working group to write and publish compliance tests; or objections to a hydrographic product or class, which standards for the proposed acceptance of the hydrographic product may or may not yet exist, but for which hydrographic product or class; or class into this Quality Assurance it intends to adopt standards, (2) Solicit, via the Federal Register or Program. Instructions for commenting compliance tests, and to offer by other appropriate means, and the duration of the comment period certification. In such cases, NOAA will participation and select, reject, and/or will be included in the announcement. be considered the sponsor. The revoke permission to participate as (f) NOAA shall decide, if its other procedures to be followed for NOAA- NOAA deems appropriate so as to obligations permit, within 60 calendar sponsored hydrographic products or proceed in an orderly and representative days of the close of the comment period classes shall be the same as for those manner in writing a standard; whether to proceed with the sponsored by non-Federal entities, (3) Initiate, schedule, host, and chair, development of standards, compliance including the procedures for or designate a chair for, the work of the tests, and certification for the proposed announcement, comment, and working group; hydrographic product or class. NOAA reconsideration. (4) Circulate, via the Federal Register may request further information, and or by other appropriate means, the shall have additional time as required to § 996.11 Development of standards for a drafts of the working group; consider the information once received. hydrographic product or class. (5) Announce, via the Federal NOAA’s decision on whether to proceed (a) NOAA shall work, to the extent Register or by other appropriate means, shall be based on the following criteria. practicable, through existing, the NOAA proposed standard and (1) The magnitude of the public recognized, standards bodies in the provide an opportunity for public benefit and enhancement of public writing and adopting of standards for a comment; safety that would be achieved compared hydrographic product or class that (6) Announce, via the Federal to the commitment of federal resources NOAA has accepted into this program. Register or by other appropriate means, that would be required; It shall be the responsibility of the and make available as a standard, the (2) The breadth of support for sponsor to propose an appropriate final version of the standard; and standards and certification among all standards writing body. NOAA may (7) Provide the necessary the affected communities; accept this body at its discretion, or may (3) The practicality of writing and administrative support. select an alternate body. NOAA will enforcing an effective and appropriate (e) Alternatively, NOAA may at its then undertake, jointly with the sponsor standard; option, proceed by writing a standard by (4) The availability of suitable, similar and acknowledged representatives of itself. Such action might be used, for products that may already meet the the affected communities, to submit the example, in cases where the standard is needs of the public; proposal for writing standards to, and to obvious. Producing exact copies of (5) NOAA’s expertise related to the secure the cooperation of, the selected existing NOAA products might be one expertise needed to write an appropriate standards writing body. such case. Once written, this NOAA- standard; (b) Once accepted as a work item by authored standard shall be made (6) Availability of resources; and the standards writing body, NOAA shall publicly available for comment, and (7) Other relevant criteria as they undertake, jointly with representatives comments shall be considered before become apparent. of the affected community, members of NOAA publishes the final standard. (g) NOAA’s decision as to whether the the standards body, other governmental (f) At the conclusion of the standards proposed hydrographic product or class representatives, and the sponsor as writing, whether through an existing is accepted into the Quality Assurance appropriate, to write standards for the standards body, by a NOAA-convened Program shall be publicly announced in hydrographic product or class according working group, or by NOAA itself, the Federal Register or by other to the practices of the standards body NOAA shall consider the resulting appropriate means, and a written and the technical needs of the product. standard and either adopt or reject the notification shall be provided to the Participation in the writing of standards standard as the NOAA Quality sponsor. The response shall include shall be determined according to the Assurance Program Standard for the NOAA’s reason for its decision based on procedures of the standards writing particular hydrographic product or the criteria enumerated above. body. class. NOAA’s decision shall be
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publicly announced in the Federal (1) Announce, in the Federal Register decision upon reconsideration shall be Register or by other appropriate means. or by other appropriate means, NOAA’s considered final. (g) Any party may request NOAA to intention to organize and chair a working group to write and publish § 996.13 Determination of whether to offer reconsider its decision to adopt or reject certification for a hydrographic product or the standards by submitting its request compliance tests for the hydrographic class. product or class; in writing to the Quality Assurance (a) Certification of a hydrographic (2) Solicit, via the Federal Register or Program address within 30 days of product or class shall be at the option by other appropriate means, NOAA’s announcement of its decision. of NOAA. NOAA may decide at any participation and select, reject, and/or NOAA shall have, if its other obligations time whether or not to offer certification revoke permission to participate as permit, 60 calendar days from the for a product or class. However, it is NOAA deems appropriate so as to receipt of a request for reconsideration most likely that a determination will be proceed in an orderly and representative to either deny the request, or to made only after a non-Federal entity has manner in writing compliance tests; reconsider and announce its decision. submitted a specific product for (3) Initiate, schedule, host, and chair, NOAA’s original decision if unappealed certification. NOAA’s decision shall be or designate a chair for, the work of the within 30 days, or its decision upon based on the following criteria: reconsideration shall be considered working group; (1) The suitability of the adopted final. (4) Circulate, via the Federal Register, standards and tests for their intended or by other appropriate means, the purpose; § 996.12 Development of standards drafts of the working group; compliance tests for a hydrographic (2) The availability of a qualified product or class. (5) Announce, via the Federal entity to perform the compliance tests; Register or by other appropriate means, (3) Availability of resources; and (a) NOAA shall work, to the extent a NOAA proposed final version of the (4) Other relevant criteria as they practicable, through existing, compliance tests and provide an become apparent. recognized, compliance testing bodies opportunity for public comment; (b) NOAA’s decision as to whether in the writing and adopting of (6) Announce, via the Federal certification for a hydrographic product compliance tests for a hydrographic Register or by other appropriate means, or class is offered shall be publicly product or class. It shall be the and make available the final version of announced in the Federal Register or by responsibility of the sponsor to propose the compliance tests, and other appropriate means. an appropriate compliance testing body. (7) Provide the necessary (c) Any entity may request NOAA to NOAA may accept this body at its administrative support. reconsider its decision to offer or not discretion, or may select an alternate (e) Alternatively, NOAA may, at its offer certification by submitting its body. NOAA will then undertake, option, proceed by writing compliance request in writing to the Quality jointly with the sponsor and tests by itself. Such action might be Assurance Program address within 30 acknowledged representatives of the used, for example, in cases where the days of NOAA’s announcement of its affected communities, to secure the tests are obvious. Producing exact decision. NOAA shall have, if its other cooperation of the selected compliance copies of existing NOAA products might obligations permit, 60 calendar days testing body. be one such case. Once written, these after the receipt of a request for (b) NOAA shall undertake, jointly NOAA-authored tests shall be made reconsideration to either deny the with representatives of the affected publicly available for comment, and request, or to reconsider and announce community, members of the compliance comments shall be considered before its decision. testing body, other governmental NOAA publishes the final compliance (d) NOAA’s original decision if representatives, and the sponsor as tests. unappealed within 30 days, or its appropriate, to write compliance tests (f) At the conclusion of the decision upon reconsideration, shall be for the hydrographic product class compliance test writing, whether considered final. according to the practices of the through an existing body, by a NOAA- compliance testing body and the Quality convened working group, or by NOAA Subpart C—Certification of a Assurance Program standard adopted by itself, NOAA shall consider the Hydrographic Product and NOAA. Participation in the writing of resulting compliance tests and either Decertification. compliance tests may be determined adopt or reject them as the NOAA § 996.20 Submission of a hydrographic according to the procedures of the Quality Assurance Program compliance product for certification. compliance testing body. tests for the particular hydrographic (a) Upon adoption by NOAA of (c) NOAA shall then undertake, product standard. NOAA’s decision standards and compliance tests, any jointly with representatives of the shall be publicly announced in the non-Federal entity may submit a affected community, members of the Federal Register or by other appropriate hydrographic product for certification compliance testing body and the body means. under a particular standard. This non- itself, other governmental (g) Any party may request NOAA to Federal entity shall be known as the representatives, and the sponsor as reconsider its decision to adopt or reject applicant. Submission shall be made in appropriate, to have the resulting the compliance tests by submitting its writing to the Quality Assurance compliance tests adopted according to request in writing to the Quality Program address. The submission shall the procedures of that body. Assurance Program address within 30 include: (d) NOAA may, at its option, proceed days of NOAA’s announcement of its (1) Name and description of the without the participation of an existing, decision. NOAA shall have, if its other hydrographic product and its product recognized, compliance testing body obligations permit, 60 calendar days class if any; should it so choose. Such action might after the receipt of a request for (2) Identification and contact be taken, for example, if there were no reconsideration to either deny the information for the non-Federal entity appropriate compliance testing body. In request, or to reconsider and announce submitting the product for certification. this eventuality, NOAA will adhere to its decision. NOAA’s original decision if (3) The identification of the standard the following general procedure: unappealed within 30 days, or its and compliance tests adopted by this
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Quality Assurance Program under ‘‘certified’’ by NOAA. NOAA shall Assurance Program address. Said which the hydrographic product is to be provide a written document to the request shall contain the identification certified; sponsor indicating such, and shall of the hydrographic product, the (4) A proposed, qualified, compliance announce its determination in the requestor, and sufficient information for testing body to perform the compliance Federal Register or by other appropriate NOAA to make a determination on the tests, which NOAA may accept at its means. Certification shall mean that the request for reconsideration. discretion, or for which NOAA may hydrographic product has been found to Alternatively, the entity may correct the select an alternative testing body; be in compliance with the NOAA- deficiencies cited by NOAA within 30 (5) Other information deemed adopted standard for that hydrographic days, notify NOAA in writing at the relevant by the sponsor or requested by product or class. Certification conveys Quality Assurance Program address of NOAA. no express or implied warranty as to the the corrective action taken, and provide merchantability or fitness for a sufficient evidence for NOAA to judge § 996.21 Performance of compliance testing. particular purpose; conveys no express the correctness and effectiveness of the or implied liability on the part of the corrective action taken. (a) NOAA and the applicant shall Government of the United States for the (d) If a request for reconsideration is submit the applicant’s hydrographic hydrographic products; and conveys no submitted, or if the producing entity product to the testing body for automatic, direct or indirect NOAA asserts that the deficiencies have been performance of the compliance tests. endorsement of any product or service. corrected, NOAA shall have 60 calendar That body shall determine compliance (c) Certification shall be for a term of days, if its other obligations permit, to or non-compliance of the hydrographic 3 years unless otherwise specified by consider the request for reconsideration product with the NOAA-adopted the Administrator. or the corrective action, at which time standard, and shall provide to NOAA NOAA shall issue its decertification written documentation stating the § 996.23 Audit and decertification of decision. The decision and NOAA’s results of the compliance tests according hydrographic products. reason for its action shall be made to its usual practices. (a) NOAA may audit hydrographic public in the Federal Register or by (b) Alternatively, NOAA may choose, products it has certified. NOAA may other appropriate means, and the at its option, to perform, have performed conduct audits without advance producing entity shall be notified in by a NOAA-designated entity, or waive notification. However, visits to writing. the compliance tests for a hydrographic companies’ facilities will be scheduled. product. This alternative may be used, Audits may include, but are not limited (e) NOAA’s decertification, if for example, when there is no qualified to: unappealed or uncorrected within 30 entity to perform the compliance tests, (1) The producing companies as it days, shall be considered final. NOAA where the compliance tests are simple, may affect the certified product; shall notify the producing entity of this or when self-certification of compliance (2) Certified products; action in writing, and announce the would be appropriate. (3) Processes used in making, decertification in the Federal Register (c) Items failing the compliance tests distributing, and marketing certified or by other appropriate means. may be changed by the applicant and products; (f) Upon decertification, retested. Items passing the compliance (4) Use of the NOAA emblem; manufacturers shall discontinue all test upon retest shall be deemed (5) Examination of manufacturers’ claims of certification, and shall compliant as if they had passed said public claims about certified discontinue use of the NOAA emblem. tests initially. hydrographic products; (6) Other relevant criteria as they Subpart D—Other Quality Assurance § 996.22 Certification. become apparent. Program Matters (a) A hydrographic product that has (b) NOAA may decertify a § 996.30 Use of the NOAA emblem. passed the compliance tests shall hydrographic product based on the automatically be considered for findings of an audit. In general, a (a) Use of the NOAA emblem on certification by NOAA. NOAA shall hydrographic product may be certified hydrographic products requires make its certification determination, if decertified if: separate written permission. Use of the its other obligations permit, within 60 (1) The results of an audit indicate NOAA emblem must satisfy an interest calendar days following receipt of the that the product no longer meets the of the Agency, and must not result in compliance test results. NOAA shall standards under which it was certified; embarrassment to the Agency or the make a certification determination (2) The product has been Department. If the NOAA emblem is based upon the following criteria: substantively changed from the product used on products that include other data (1) The results of the compliance that was tested and certified; or products, clear indication shall be tests; (3) Implied or actual claims about the made as to what is NOAA certified, and (2) The potential for the hydrographic product, and/or other data or products what is not NOAA certified. The product to impair public safety; linked to the product, are judged by inclusion of other data or products will (3) Successful completion of any NOAA to be untrue or misleading; not constitute any endorsement of, or administrative requirements, including (4) The NOAA emblem was favoritism toward, the other data or the payment of required fees, as may be improperly or inappropriately products by NOAA. Requests for use of specified by NOAA; displayed; the NOAA emblem shall be submitted (4) The potential for certification to (5) Other relevant reasons as they in writing to the Quality Assurance cause embarrassment to the Agency or become apparent. Program address, and shall include: the Department; (c) The entity producing the certified (1) Name and description of the (5) Other relevant criteria as they hydrographic product shall be notified hydrographic product(s) on which the become apparent in writing of NOAA’s intent to decertify emblem will be displayed. (b) Hydrographic products receiving a that product. Said entity shall have 30 (2) Name and contact information for certification determination in the days to request reconsideration of that the entity requesting use of the NOAA affirmative shall be designated as intended action in writing to the Quality emblem.
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(3) Exact samples of all uses intended Quality Assurance Program decision Commission proposes to amend its for the NOAA emblem including text being appealed should be set aside. regulations to establish guidelines claims with, within, or associated with (5) Other information as may later be concerning the types of events that the hydrographic product, its packaging, determined to be relevant. trigger this reporting obligation and to and advertising that a reasonable person (b) Appeals shall be arbitrated by the modify the market-based rate authority might associate with the NOAA Assistant Administrator for Ocean of current market-based rate sellers to emblem. Services and Coastal Zone Management, ensure that all such events are timely (4) Proof of NOAA certification. NOAA, using procedures to be reported to the Commission by (5) Other relevant information as may established at the time of the appeal, eliminating the option to delay later be specified. and which shall be appropriate to the reporting of such events until nature and circumstances of the appeal. § 996.31 Termination of the Quality submission of a market-based rate Assurance Program. The determination from this arbitration seller’s updated market power analysis. shall be final. (a) NOAA reserves the right to We propose that this reporting terminate the Quality Assurance § 996.33 Acceptance of program by non- requirement be incorporated into the Program for a particular hydrographic Federal entities. market-based rate tariff of each entity product or class at any time before By their voluntary entrance or that is currently authorized to make certification is awarded if it is deemed participation in this Quality Assurance sales at market-based rates, as well as to be in the public interest to do so. Program or its activities, all parties that of all future applicants. The NOAA shall give written notification to acknowledge and accept the procedures Commission seeks public comment on the sponsor and other interested parties established by this program, including its proposal. should it decide to exercise this option, the finality of decisions. All parties DATES: Comments are due November 15, and shall state the reasons for its action. acknowledge and accept that 2004. Reasons for termination may include, information submitted to NOAA under ADDRESSES: Comments may be filed but are not limited to: this Program shall be deemed to be in electronically via the eFiling link on the (1) The inability of the standards- the public domain, and no Commission’s Web site at http:// drafting group to reach a consensus on representation is made as to the www.ferc.gov. Commenters unable to the content of the standard; protection of confidential, proprietary or file comments electronically must send (2) Valid objections to the existence of otherwise restricted information. an original and 14 copies of their NOAA-certification of a particular Dated: October 7, 2004. comments to: Federal Energy Regulatory hydrographic product; Commission, Office of the Secretary, Richard W. Spinrad, (3) A negative impact on public safety 888 First Street, NE., Washington, DC, should the hydrographic product Assistant Administrator for Ocean Services and Coastal Zone Management, National 20426. Refer to the Comment receive certification; Procedures section of the preamble for (4) Other relevant reasons as they Oceanic and Atmospheric Administration. [FR Doc. 04–23166 Filed 10–14–04; 8:45 am] additional information on how to file become apparent. comments. (b) The sponsor or other interested BILLING CODE 3510–JE–P parties shall have 30 days to request a FOR FURTHER INFORMATION CONTACT: reconsideration of the termination Brandon Johnson, Federal Energy action. Said request shall be in writing DEPARTMENT OF ENERGY Regulatory Commission, 888 First to the Quality Assurance Program Street, NE., Washington, DC 20426, address, and shall include written Federal Energy Regulatory (202) 502–6143. material supporting the appeal. NOAA Commission Michelle Barnaby, Federal Energy shall have, if its other obligations Regulatory Commission, 888 First permit, 60 calendar days from the 18 CFR Part 35 Street, NE., Washington, DC 20426, receipt of a request for reconsideration [Docket No. RM04–14–000] (202) 502–8407. to either deny the request, or to SUPPLEMENTARY INFORMATION: Before reconsider and announce its decision. Reporting Requirement for Changes in Commissioners: Pat Wood, III, (c) NOAA’s decision, either the Status for Public Utilities With Market- Chairman; Nora Mead Brownell, Joseph original decision if unappealed within Based Rate Authority T. Kelliher, and Suedeen G. Kelly. 30 days, or the decision after the request for reconsideration, shall be considered Issued October 6, 2004. Notice of Proposed Rulemaking final. AGENCY: Federal Energy Regulatory Introduction Commission, DOE. 1. In order to facilitate our oversight § 996.32 Appeals. ACTION: Notice of proposed rulemaking. (a) Any entity may appeal a final of public utilities with market-based decision made by the Agency under this SUMMARY: The Federal Energy rate authority, to ensure that the rates Quality Assurance Program. Said appeal Regulatory Commission (Commission), being charged continue to be just and shall be submitted in writing to the acting pursuant to section 206 of the reasonable and to give guidance to Quality Assurance Program address, and Federal Power Act (FPA),1 is proposing market participants to facilitate shall contain at least: to amend its regulations and to modify compliance with the Commission’s (1) Identification and contact the market-based rate authority of reporting requirements, this Notice of information of the appealing entity; current market-based rate sellers to Proposed Rulemaking proposes to (2) A statement that this is an appeal establish a reporting obligation for standardize and clarify market-based to a final decision of the Quality changes in status that apply to public rate sellers’ reporting requirement for Assurance Program; utilities authorized to make wholesale changes in status. In previous orders (3) A description of what decision is power sales in interstate commerce at authorizing wholesale power sales in being appealed; market-based rates. In particular, the interstate commerce at market-based (4) A thorough but concise argument rates, the Commission has required as to why the requestor believes the 1 16 U.S.C. 824e (2000). market-based rate sellers to inform the
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Commission of any change in status that entry, and the potential for affiliate when the Commission first began to would reflect a departure from the abuse or reciprocal dealing. Sellers authorize market-based rate sales, characteristics the Commission relied authorized to make sales at market- wholesale markets now have many more upon in authorizing sales at market- based rates are then required to file sellers of different types (e.g., based rates. Some sellers were given the electric quarterly reports containing a independent power producers, power option of filing a new market analysis summary of the contractual terms and marketers, affiliated generators). As every three years in lieu of reporting conditions in every effective service markets have expanded and developed, changes in status on an ongoing basis. agreement for market-based power sales both the number and types of sellers Others were given the option to report and transaction information for their have increased and the complexity of such changes every three years in market-based rate sales during the most wholesale markets has increased. conjunction with an updated market recent calendar quarter.3 Furthermore, market structure is rapidly analysis. With respect to the events that 4. The Commission has also required evolving due to restructuring, corporate qualify as a change in status, the that market-based rate sellers report any realignments and new types of Commission has stated that they changes in status that would reflect a contractual and subcontracting include, but are not limited to: (1) departure from the characteristics the arrangements, in which utilities Ownership of generation or Commission relied upon in its existing increasingly grant other firms control transmission facilities or inputs to grant of market-based rate authority. and/or influence over managing various electric power production other than When the Commission first granted aspects of their business such as power fuel supplies; or (2) affiliation with any market-based rate authorizations, it marketing. In light of these structural entity not disclosed in the filing that required traditional utilities that changes, the Commission has concluded owns generation or transmission satisfied the Commission’s initial that more timely reporting of changes in facilities or inputs to electric power market power review to file an updated status is necessary. production or affiliation with any entity market power analysis every three years 6. We believe that, in today’s electric that has a franchised service area. to allow the Commission to monitor industry, granting market-based rate 2. We propose to impose uniform competitive conditions and to sellers the option to delay reporting standards on all market-based rate determine whether the applicants still changes in status by up to three years sellers by eliminating the option to 4 satisfied our market power concerns. does not provide the Commission with delay reporting changes in status until Power marketers, on the other hand, sufficient information to provide submission of the triennial review, or to were required to promptly notify the effective oversight of electricity markets. file a triennial review in lieu of Commission of changes in status.5 reporting changes in status as they Subsequently, the Commission has 7. Therefore, the Commission occur. To that end, acting pursuant to allowed market-based-rate sellers to proposes to eliminate the option to section 206 of the FPA, we propose to choose between promptly reporting delay reporting changes in status until amend our regulations and to modify changes in status, filing a three-year the next triennial review, or to file a the market-based rate authority of update in lieu of reporting changes in triennial review in lieu of promptly current market-based rate sellers to status as they occurred,6 or reporting reporting changes in status, and to include the requirement to timely report such changes in conjunction with the standardize the change in status to the Commission any change in status updated market analysis.7 The reporting requirement. Accordingly, the that would reflect a departure from the Commission reserved the right to proposed regulations would require characteristics the Commission relied require such an analysis at any time. that, as a condition of obtaining and upon in granting market-based rate The Commission proposes to continue retaining market-based rate authority, authority. We propose that this to reserve this right. all sellers will be required to timely reporting requirement be incorporated 5. To carry out its statutory duty report to the Commission any change in into the market-based rate tariff of each under the FPA to ensure that market- status that would reflect a departure entity that is currently authorized to based rates are just and reasonable, the from the characteristics the Commission make sales at market-based rates, as well Commission must rely on market-based relied upon in granting market-based as that of all future applicants. We rate sellers to provide accurate, up-to- rate authority. propose that notice of such changes in date information regarding any relevant 8. With respect to the types of events status be filed no later than 30 days after changes in status, such as ownership or that should trigger the reporting the change in status occurs. As control of jurisdictional facilities and obligation, the Commission proposes discussed below, we seek public affiliate relationships. In contrast to that, as an initial matter, the following comment on our proposal. events would qualify as changes in Background 3 Revised Public Utility Filing Requirements, status: (1) Ownership or control of Order No. 2001, 67 FR 31043 (May 8, 2002), III generation or transmission facilities or 3. The Commission has a statutory FERC Stats. & Regs. ¶ 31,127 (Apr. 25, 2002). The inputs to electric power production; or duty under the FPA to ensure that rates required data sets for contractual and transaction information are described in Attachments B and C (2) affiliation with any entity not charged by public utilities authorized to of Order No. 2001. disclosed in the filing that owns or make wholesale sales in interstate 4 See, e.g., Entergy Services, Inc., 58 FERC controls generation or transmission commerce at market-based rates are just ¶ 61,234 (1992); Louisville Gas & Electric, 62 FERC facilities or inputs to electric power and reasonable.2 The Commission uses ¶ 61,016 (1993). 5 production or affiliation with any entity a four-part test to determine whether to See, e.g., Citizens Power & Light Corporation, 48 8 FERC ¶ 61,210 (1989); Enron Power Marketing, 65 that has a franchised service area. grant a public utility market-based rate FERC ¶ 61,305 (1993); InterCoast Power Marketing authority. That test examines whether Co., 68 FERC ¶ 61,248 (1994). 8 The Commission’s regulations define ‘‘affiliated the applicant or its affiliates possess the 6 See, e.g., Morgan Stanley Capital Group, Inc., 69 companies’’ as ‘‘companies or persons that directly, potential to exercise market power by FERC ¶ 61,175 (1994). or indirectly through one or more intermediaries, considering generation market power, 7 See, e.g., AEP Power Marketing, Inc., 76 FERC control, or are controlled by, or are under common ¶ 61,307 at 62,516 (1996); Montaup Electric Co., 85 control with, the [subject] company.’’ 18 CFR 101 transmission market power, barriers to FERC ¶ 61,313 at 62,232 (1998); Sithe/ (2004). See also 18 CFR 161.2 (2004); Morgan Independence Power Partners, 101 FERC ¶ 61,210 at Stanley Capital Group, et al., 72 FERC ¶ 61,082 2 16 U.S.C. 824d(a) (2000). 61,907 (2002). (1995).
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9. Although the market-based rate fuel supplies. However, since the to submit a transmittal letter including change in status provision has not Commission is interested in being a description of the change in status and specifically referenced ‘‘control’’ of informed of significant acquisition of a narrative explaining whether (and, if assets, we have historically considered ownership or control of any inputs to so, how) this change in status reflects a control of an asset to be a factor on electric power production, we propose departure from the characteristics relied which we rely in granting market-based to require a reporting obligation to this upon by the Commission in originally rate authority. In order to eliminate any effect. The Commission seeks comments granting the seller market-based rate market uncertainty, we propose that the on this proposal. authority, in particular whether the regulations specifically reference 11. We recognize that the language in change in status affects the results of ‘‘control’’ as well as ownership as a the proposed regulations may be any of the prongs of the four-part test factor relied upon by the Commission. susceptible to different interpretations that the Commission uses to determine In the Commission’s early orders among market-based rate sellers whether a public utility qualifies for granting market-based rate authority, we concerning the scope of their reporting market-based rate authority (i.e. acknowledged that sellers may exercise requirement. Accordingly, we seek generation market power, transmission market power through contractual public comment as to whether and how market power, barriers to entry, affiliate arrangements granting them control of this language should be modified to abuse/reciprocal dealing). If the market- generation or transmission facilities just ensure that the types of changes in based rate seller believes that a change as effectively as they could through status that could impact the continued in status does not affect the continuing 9 ownership. Similarly, the basis of a grant of market-based rate basis of the Commission’s grant of Commission’s guidelines for the authority are identified and timely market-based rate authority, it should assessment of mergers and its generation reported to the Commission. clearly state the reasons on which it 12. For example, should there be a market power analysis for market-based bases this conclusion. rate authority provide that, for the threshold level of increases in purposes of the market power analysis, generation (such as generation addition 16. In addition to including this the capacity associated with contracts through acquisition, self-build, long- reporting requirement in the that confer operational control of a term power purchases, repowering) that Commission’s regulations, we propose given facility to an entity other than the would trigger the reporting that this reporting requirement be owner must be assigned to the entity requirement? If so, what amount of incorporated into the market-based rate exercising control over that facility, increase in generation should trigger the tariff of each entity that is currently rather than to the entity that is the legal reporting requirement? authorized to make sales at market- owner of the facility.10 In addition, with 13. Should the applicant have a based rates, as well as that of all future respect to notifications of changes in reporting requirement if portions of the applicants. Market-based rate sellers status, the Commission has found that applicant’s transmission system are would be required to submit a an entity controls the facilities of taken out of service for a significant conforming provision to their market- another when it controls the decision- period of time (thus potentially affecting based rate tariffs at the time that they making authority over sales of electric the scope of the relevant geographic file any amendment to their tariffs or (if energy, including discretion as to how, market)? If so, what criteria should earlier) when they apply for continued when and to whom it could sell power trigger this reporting requirement? authorization to sell at market-based generated by these facilities.11 14. Beyond ownership or control of rates (e.g., in their three-year updated 10. The Commission’s general generation or transmission facilities or market power analysis). However, the practice has been to require inputs to electric power production and Commission proposes that the notifications of changes in status when affiliation with any entity not disclosed obligation to report be effective at the the market-based rate applicant in the filing that owns or controls time that the Final Rule becomes obtained ownership of new inputs to generation or transmission facilities or effective. electric power production, other than inputs to electric power production or 17. With respect to the procedures for affiliation with any entity that has a reporting notifications of changes in 9 See, e.g., Citizens Power & Light Corp., 48 FERC franchised service area, we seek status, the proposed rule requires that ¶ 61,210 (1989). In this order, we stated that: comment as to whether there are other ‘‘[u]sually, the source of market power is dominant such notifications be filed no later than or exclusive ownership of the facilities. However, arrangements, contractual or otherwise, 30 days after the occurrence of the market power also may be gained without that should be promptly reported to the triggering event. We seek comment as to ownership. Contracts can confer the same rights of Commission. For example: whether this proposed time period is control. Entities with contractual control over • What types of arrangements, transmission facilities can withhold supply and appropriate. extract monopoly prices just as effectively as those contractual or otherwise, do market- who control facilities through ownership.’’ based rate sellers enter into that could Information Collection Statement 10 See AEP Power Marketing, Inc., et al., 107 cause a need for the Commission to FERC ¶ 61,018 at P 95 (2004), order on reh’g, 108 revisit the continuing basis of the grant 18. Office of Management and Budget FERC ¶ 61,026 at P 65 (2004); Inquiry Concerning of market-based rate authority for such (OMB) regulations require OMB to the Commission’s Merger Policy Under the Federal sellers? approve certain information collection Power Act: Policy Statement, Order No. 592, 61 FR 12 68595 (1996), FERC Stats. & Regs., Regulations • What threshold of materiality, if requirements imposed by agency rule. Preambles July 1996-December 2000 ¶ 31,044 any, of such arrangements should be Comments are solicited on the (1996), reconsideration denied, Order No. 592-A, 62 met before such arrangements need be Commission’s need for this information, FR 33341 (1997), 79 FERC ¶ 61,321 (1997) (Merger reported to the Commission? whether the information will have Policy Statement); see also Revised Filing • Requirements Under Part 33 of the Commission’s Should marketing alliances, practical utility, the accuracy of Regulations, Order No. 642, 65 FR 70983 (2000), brokering arrangements, tolling provided burden estimates, ways to FERC Stats. & Regs., Regulations Preambles July agreements or other sales-oriented enhance the quality, utility and clarity 1996-December 2000 ¶ 31,111 at note 39 (2000), arrangements be reported? of the information to be collected, and order on reh’g, Order No. 642-A, 66 FR 16121 (2001), 94 FERC ¶ 61,289 (2001). 15. With respect to the form and any suggested methods for minimizing 11 El Paso Electric Power Co., et al., 108 FERC content of such reports, we propose that ¶ 61,071 at P 14 (2004), reh’g pending. the market-based rate seller be required 12 5 CFR 1320.11 (2004).
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respondents’ burden, including the use a narrative explaining whether (and, if that, on average, it will take respondents of automated information techniques. so, how) this change in status reflects a six hours per response and that 19. Estimated Annual Burden: To departure from the characteristics relied approximately 25 percent of current satisfy the reporting requirement, the upon by the Commission in originally market-based rate sellers would Commission expects respondents to granting the seller market-based rate experience a change in status in any submit a transmittal letter including a authority. The Commission estimates given year. description of the change in status and
Number of Number of Number of Total annual Data collection respondents hours responses hours
FERC–516 ...... 1,238 6 .20 1,486
Title: Electric Rate Schedules and or an Environmental Impact Statement entity. Therefore, the Commission Filings, Reporting Requirement for for any action that may have a certifies that this rule will not have a Changes in Status For Public Utilities significant adverse effect on the human significant economic impact on a With Market-Based Rate Authority environment.13 The Commission has substantial number of small entities. (FERC–516). categorically excluded certain actions Comment Procedures Action: Proposed Collection. from this requirement as not having a OMB Control No.: 1902–0096. significant effect on the human 24. The Commission invites interested Respondents: Businesses or other for environment. Included in the exclusion persons to submit comments on the profit. are rules that are clarifying, corrective, matters and issues proposed in this Frequency of Responses: On occasion. or procedural or that do not notice to be adopted, including any Necessity of Information: The substantially change the effect of the related matters or alternative proposals proposed regulations will revise market- regulations being amended.14 This that commenters may wish to discuss. based rate sellers’ reporting obligation proposed rule, if finalized, is procedural Comments are due November 15, 2004. and are intended to ensure that rates in nature and therefore falls under this Comments must refer to Docket No. and terms of service offered by market- exception; consequently, no RM04–14–000, and must include the based rate sellers remain just and environmental consideration would be commenter’s name, the organization reasonable. necessary. they represent, if applicable, and their Internal review: The Commission has address in their comments. reviewed the proposed amendment to Regulatory Flexibility Act Certification 25. Comments may be filed its regulations to establish a reporting 22. The Regulatory Flexibility Act of electronically via the eFiling link on the obligation for changes in status and has 1980 (RFA)15 generally requires a Commission’s Web site at http:// determined that these regulations are description and analysis of final rules www.ferc.gov. The Commission accepts necessary to ensure just and reasonable that will have significant economic most standard word processing formats rates. These regulations, moreover, impact on a substantial number of small 16 and commenters may attach additional conform to the Commission’s plan for entities. The Commission is not files with supporting information in efficient information collection, required to make such analyses if a rule certain other file formats. Commenters communication, and management would not have such an effect. filing electronically do not need to make within the electric utility industry. The 23. The Commission does not believe a paper filing. Commenters that are not Commission has assured itself, by that the proposed amendment to our able to file comments electronically means of internal review, that there is regulations would have such an impact must send an original and 14 copies of specific, objective support for the on small entities. Based on past their comments to: Federal Energy burden estimates associated with the experience, most of the sellers having Regulatory Commission, Office of the information/data retention changes in status that would likely Secretary, 888 First Street NE., requirements. trigger a filing under the proposed 20. Interested persons may obtain regulations would be entities that do not Washington, DC 20426. information on the reporting meet the RFA’s definition of a small 26. All comments will be placed in requirements by contacting: Federal the Commission’s public files and may Energy Regulatory Commission, 888 13 Order No. 486, Regulations Implementing the be viewed, printed, or downloaded National Environmental Policy Act, 52 FR 47897 remotely as described in the Document First Street, NE, Washington, DC 20426, (Dec. 17, 1987), FERC Stats. & Regs. Preambles Attention: Michael Miller, Office of the 1986–1990 ¶ 30,783 (Dec. 10, 1987). Availability section below. Commenters Executive Director, phone: (202) 502– 14 18 CFR 380.4(a)(2)(ii) (2004). on this proposal are not required to 8415, fax: (202) 273–0873, e-mail: 15 5 U.S.C. 601–612 (2000). serve copies of their comments on other [email protected]. Comments on 16 The RFA definition of ‘‘small entity’’ refers to commenters. the proposed requirements of the the definition provided in the Small Business Act, which defines a ‘‘small business concern’’ as a Document Availability subject rule may also be sent to the business which is independently owned and Office of Information and Regulatory operated and which is not dominant in its field of 27. In addition to publishing the full Affairs, Office of Management and operation. 15 U.S.C. 632 (2000). The Small Business text of this document in the Federal Budget, Washington, DC 20503, Size Standards component of the North American Register, the Commission provides all Industry Classification System defines a small Attention: Desk Officer for the Federal electric utility as one that, including its affiliates, interested persons an opportunity to Energy Regulatory Commission, phone: is primarily engaged in the generation, view and/or print the contents of this (202) 395–4650. transmission, and/or distribution of electric energy document via the Internet through for sale and whose total electric output for the FERC’s Home Page (http://www.ferc.gov) Environmental Analysis preceding fiscal years did not exceed 4 million MWh. 13 CFR 121.201 (Section 22, Utilities, North and in FERC’s Public Reference Room 21. The Commission is required to American Industry Classification System, NAICS) during normal business hours (8:30 a.m. prepare an Environmental Assessment (2004). to 5 p.m. Eastern time) at 888 First
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Street, NE., Room 2A, Washington, DC based rate authority that owns or 418–2512 (voice), or e-mail 20426. controls generation or transmission [email protected]. For additional 28. From FERC’s Home Page on the facilities or inputs to electric power information concerning the PRA Internet, this information is available in production or affiliation with any entity information collection requirements the Commission’s document that has a franchised service area. contained in this document, contact management system, eLibrary. The full (2) Any change in status subject to Judith B. Herman at (202) 418–0214, or text of this document is available on paragraph (c)(1) of this section must be via the Internet at Judith- eLibrary in PDF and Microsoft Word filed no later than 30 days after the [email protected]. format for viewing, printing, and/or change in status occurs. SUPPLEMENTARY INFORMATION: This is a downloading. To access this document [FR Doc. 04–23136 Filed 10–14–04; 8:45 am] summary of the Commission’s Notice of in eLibrary, type the docket number BILLING CODE 6717–01–P Proposed Rulemaking (NPRM), adopted excluding the last three digits of this July 1, 2004, and released July 16, 2004. document in the docket number field. This Notice of Proposed Rulemaking 29. User assistance is available for (NPRM), Policies and Rules Governing eLibrary and the FERC’s website during FEDERAL COMMUNICATIONS COMMISSION Interstate Pay-Per-Call and Other normal business hours. For assistance, Information Services, and Toll-free please contact FERC Online Support at 47 CFR Part 64 Number Usage; Truth-in-Billing and 1–866–208–3676 (toll free) or 202–502– Billing Format, CC Docket No. 98–170, 6652 (e-mail at [CC Docket No. 98–170; CG Docket No; 04– 244; FCC 04–162] CG Docket No. 04–244; FCC 04–162, [email protected]), or the contains proposed information Public Reference Room at 202–502– Policies and Rules Governing collection requirements. It will be 8371, TTY 202–502–8659 (e-mail at Interstate Pay-Per-Call and Other submitted to the Office of Management [email protected]). Information Services Pursuant to the and Budget (OMB) for review under the List of Subjects in 18 CFR Part 35 Telecommunications Act of 1996; Paperwork Reduction Act (PRA). OMB, the general public, and other federal Electric power, Reporting and Truth-in-Billing and Billing Format agencies are invited to comment on the recordkeeping requirements. AGENCY: Federal Communications proposed information collection(s) By direction of the Commission. Commission. contained in these proceedings. On July Magalie R. Salas, ACTION: Proposed rules. 16, 2004, the Commission also released a Memorandum Opinion and Order Secretary. SUMMARY: In this document, the (MO&O), Policies and Rules Governing In consideration of the foregoing, the Commission seeks comment on how Interstate Pay-Per-Call and Other Commission proposes to amend Part 35, best to protect consumers and foster Information Services Pursuant to the Chapter I, Title 18 of the Code of legitimate businesses that offer Telecommunications Act of 1996; Federal Regulations, as set forth below: audiotext information services, Policies and Rules Implementing the including those that use 900 numbers Telephone Disclosure and Dispute PART 35—FILING OF RATE and toll-free numbers. SCHEDULES AND TARIFFS Resolution Act, Florida Public Service DATES: Comments are due on or before Commission Petition to Initiate 1. The authority citation for part 35 November 15, 2004 and reply comments Rulemaking to Adopt Additional continues to read as follows: are due on or before November 29, 2004. Safeguards; Application for Review of Written comments on the Paperwork Authority: 16 U.S.C. 791a–825r, 2601– Advisory Ruling Regarding Directly 2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. Reduction Act (PRA) proposed Dialed Calls to International information collection requirements Information Services, CC Docket Nos. 2. In § 35.27, paragraph (c) is added to must be submitted by the public, Office read as follows: 96–146 and 98–170, RM–8783, ENF–95– of Management and Budget (OMB), and 20; FCC 04–162. The full text of this § 35.27 Power sales at market-based rates. other interested parties on or before document is available on the December 14, 2004. * * * * * Commission’s Web site Electronic (c) Reporting requirement. Any public ADDRESSES: Federal Communications Comment Filing System and for public utility with the authority to engage in Commission, 445 12th Street, SW., inspection during regular business sales for resale of electric energy in Washington, DC 20554. In addition to hours in the FCC Reference Center, interstate commerce at market-based filing comments with the Secretary, a Room CY–A257, 445 12th Street, SW., rates shall be subject to the following: copy of any comments on the Washington, DC 20554. To request (1) As a condition of obtaining and Paperwork Reduction Act (PRA) materials in accessible formats for retaining market-based rate authority, a information collection requirements people with disabilities (Braille, large public utility with market-based rate contained herein should be submitted to print, electronic files, audio format), authority must timely report to the Judith B. Herman, Federal send an e-mail to [email protected], or call Commission any change in status that Communications Commission, Room 1– the Consumer & Governmental Affairs would reflect a departure from the C804, 445 12th Street, SW., Washington, Bureau at (202) 418–0530 (voice) or characteristics the Commission relied DC 20554, or via the Internet to Judith- (202) 418–0432 (TTY). This NPRM can upon in granting market-based rate [email protected], and to Kristy L. also be downloaded in Word and authority. A change in status includes, LaLonde, OMB Desk Officer, Room Portable Document Format (PDF) at but is not limited to each of the 10234 NEOB, 725 17th Street, NW., http://www.fcc.gov/cgb/policy/ following: Washington, DC 20503, via the Internet paypercall.html. (i) Ownership or control of generation to Kristy_L. [email protected], or Comments filed through the ECFS can or transmission facilities or inputs to via fax at 202–395–5167. be sent as an electronic file via the electric power production, or FOR FURTHER INFORMATION CONTACT: Internet to http://www.fcc.gov/e-file/ (ii) Affiliation with any entity not Ruth Yodaiken, of the Consumer & ecfs.html. Generally, only one copy of disclosed in the application for market- Government Affairs Bureau at (202) an electronic submission must be filed.
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If multiple docket or rulemaking Federal Communications Commission, ensure that consumer protections are numbers appear in the caption of this Room 4–C734, 445 12th Street, SW., adequate and are not being proceeding, however, commenters must Washington, DC 20554. circumvented. The item seeks comment transmit one electronic copy of the One copy of each filing must be sent on a number of issues relating consumer comments to each docket or rulemaking to the Commission’s copy contractor, protections and the state of the existing number referenced in the caption. In Best Copy and Printing, Inc. (BCPI), by 900-number regime, toll-free numbers, completing the transmittal screen, mail at Portals II, 445 12th Street, SW., and audiotext information services commenters should include their full Room CY–B402, Washington, DC 20554; accessed through dialing methods other name, Postal Service mailing address, by e-mail at [email protected]; by than 900 numbers. The Commission and the applicable docket or rulemaking facsimile at (202) 488–5563; or by seeks comment on whether to revise number. Parties may also submit an telephone at (202) 488–5300. certain recordkeeping requirements to electronic comment by Internet e-mail. Initial Paperwork Reduction Act of allow recordings of customer’s oral To get filing instructions for e-mail 1995 Analysis verification as evidence that charges comments, commenters should send an should not be forgiven. We ask if we e-mail to [email protected], and should This document contains proposed need to modify our existing rules to include the following words in the body information collection requirements. comport with the E-Sign Act which of the message, ‘‘get form
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involving toll-free numbers can be used party—who is assessed charges for calls connection with any common carrier for purchases of goods and services, placed over that line. It would not seem communications services be just and including audiotext information appropriate for an individual calling a reasonable) At that time, commenters services. Our rules and the statute toll-free number to be protected from generally agreed that a carrier’s billing already require common carriers, incurring charges without extending the of toll-free calls on the basis of ANI including small carriers, to use contracts same protection to the individual or violated the statute. In the interests of or tariffs to prohibit their customers entity billed for the calls. We seek collecting a more complete record to from using 800 numbers in ways that comment on whether we should amend include newer technology, we now seek are thought to leave consumers without § 64.1504 of our rules explicitly to comment on whether we should the benefit of protections against fraud. protect the subscriber as well from the specifically prohibit billing calls dialed For example, carriers must prohibit the practices that Congress has chosen to to 800 or other toll-free numbers on the use of 800 numbers, or any other prohibit. Would such an amendment basis of not just ANI, but equivalent numbers advertised or widely help to protect small businesses from information, automatically provided understood to be toll-free, in a way that calls made by employees? calling number identification. (See, e.g., the calling party is charged for b. Use of Number Identification for 47 CFR 64.1600(d) (charge number— information, with limited exception. Billing Through Toll-Free Numbers conveying similar information in a There are exceptions for charges where System 7 environment).) there are presubscription agreements or Section 228(c)(7)(A) of the 1996 Act use of certain credit and charge cards. prohibits ‘‘the calling party being 2. Audiotext Information Services, The only way to have information assessed, by virtue of completing the Including Pay-Per-Call Services charges that appear on a consumer’s call [to a toll-free number], a charge for a. Consumer Protection in General the call.’’ (47 U.S.C. 228(c)(7).) In the phone bill is through a presubscription The Commission’s rules governing agreement which in most cases must be 1996 Order & NPRM, the Commission adopted a rule that mirrors that portion pay-per-call services are meant to be a in writing, include specific disclosures, framework of consumer protections for and use personal identification numbers of the § 228 and also prohibits such conduct. (47 CFR 64.1504(c).) In order these audiotext information services. for access to the service. However, The rules require, first, that consumers despite these protections, the to assess charges for directly dialed toll are given appropriate information, such Commission continues to receive calls, common carriers identify the as pricing, so they can make informed complaints in this area. In the first six telephone line used to originate a toll decisions about services. (The months of 2004, the Commission call and assess charges to the subscriber Commission rules require carriers received close to 5,000 complaints that to that line. The Commission generally themselves to disclose information, and/ referenced toll-free numbers. We are has held telephone subscribers or to require disclosure through contract interested in finding out why, with responsible for toll charges resulting or tariff. See 47 CFR 64.1502, 1504, and these protections, there are still from unauthorized use of their 1509. The rules require compliance with complaints in this area. For example, telephone lines. However, in the past, Titles II and III of TDDRA, and the are there many problems for consumers the Commission has received when charge cards are used for complaints that parties were using such FTC’s implementing rules. See 16 CFR payment? (See 47 U.S.C. 228(c)(9); 47 information to bill callers for services 308.5 (FTC’s rules relating to pay-per- CFR 64.1504(c)(2).) Do more problems from calls made to toll-free numbers. In call).) Second, consumers are meant to occur, for example, when the written the 1996 Order & NPRM, the be able to choose to block unwanted agreement does not require the use of a Commission also tentatively concluded access to the pay-per-call services, for personal identification number? See 47 that a carrier’s billing of calls dialed to free or at a reasonable cost. (47 U.S.C. U.S.C. 228(c)(8)(C) and (D); 47 CFR 800 or other toll-free numbers on the 228(c)(5). See also 47 CFR 64.1508.) 64.1504(f)(1) We seek comment on basis of one such technology, Automatic And third, consumers are supposed to possible solutions. Number Identification (ANI), amounted be protected from losing local or long- to assessing charges on the basis of distance services for nonpayment of a. Protection for Line Subscribers as completion of the call, and therefore charges for pay-per-call services. (47 Well as Callers violated section 228(c)(7)(A) of the Act, U.S.C. 228(c)(4). See also 47 CFR Section 228 and our rules governing unless the call involved use of 64.1507.) However, we are concerned toll-free calls explicitly protect ‘‘the telecommunications devices for the that as audiotext information services calling party’’ from being charged for deaf. (The term ‘‘ANI’’ refers to the have migrated increasingly outside the information conveyed during the call delivery of the calling party’s billing pay-per-call setting, consumers, unless meeting the criteria discussed number by a local exchange carrier to including small business consumers, above. (See 47 U.S.C. 228(c)(7)(C) and any interconnecting carrier for billing or have lost some of these basic (c)(8)–(9); See also 47 CFR 64.1504.) In routing purposes, and to the subsequent protections. Consumer disclosure the 1996 Order & NPRM, the delivery to end users. See 47 CFR requirements for audiotext information Commission discussed the possibility of 64.1600(b). See also 1996 Order & services only apply to services over 900 extending the toll-free number NPRM, 11 FCC Rcd at 14754, para. 45. numbers, and, as above, some calls over protections that apply to the ‘‘calling Telecommunications devices for the toll-free numbers. Similarly, alternative party,’’ so that they also apply to the deaf utilize ANI to identify the dialing routes circumvent subscriber ‘‘subscriber to the originating line.’’ telephone subscriber to be billed. The blocking, allowing even children to (1996 Order & NPRM, 11 FCC Rcd at Commission also made a tentative obtain access to audiotext information 14753, para. 44. The calling party could conclusion that ANI-based billing also services. Additionally, consumers’ calls be someone other than the subscriber, violates 201(b) in the 1996 Order & are sometimes rerouted without their for example, a visitor to the subscriber’s NPRM. See 1996 Order & NPRM, 11 FCC authorization through specialized long- home.) We believe this proposal is still Rcd at 14754, para. 45; See also 47 distance carriers designed to accumulate valid today. For directly-dialed toll calls U.S.C. 228(c)(7), 47 CFR 64.1504(c), and high rates for what are advertised as free placed without a calling card, it is the 47 U.S.C. 201(b). Section 201(b) requires information services. Under those subscriber—not necessarily the calling that all charges and practices for and in conditions, consumers can end up being
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disconnected for what are essentially area, including whether we should through 900 numbers, and the only services that arguably should be covered consider revoking carriers’ section 214 ways that audiotext information services by pay-per-call protections. In this certification for such conduct. (See 47 fall outside the pay-per-call definition, rulemaking we explore several of these U.S.C. 214.) We seek comment on and therefore the requirement that they areas, and seek comment on the best whether consumers should be given be offered only over 900 numbers, are way to address concerns of consumers, protections to allow call disconnection. (1) by being directory services as described in the statute, or (2) to have without hindering legitimate businesses, b. The 900 Number Regime including small and new businesses. charges assessed only after there is a One such example of an item outside Section 228 also requires the ‘‘presubscription or comparable the standard pay-per-call application is Commission to identify procedures that agreement.’’ (47 U.S.C. 228(i) and a phenomena known informally as common carriers and pay-per-call (b)(5).) In the 1996 Order & NPRM, the ‘‘modem hijacking.’’ The Commission providers, including small carriers and Commission sought comment on has received complaints about local providers, can use to protect against refining the definition of calls which are redirected without the nonpayment of legitimate charges. (47 presubscription and comparable caller’s authorization through software U.S.C. 228(b)(4).) Pay-per-call providers agreement so that it is clear what criteria programs, which disconnects Internet have recently commented that audiotext must be met for all audiotext users’ calls and dial international information service providers have information services other than numbers often through carriers other moved outside the 900 number regime directory services to be offered over than those chosen by subscribers for because it has become a difficult numbers outside of the 900 prefixes, their long-distance calls. Sometimes environment in which to operate. In including those services using toll-free there is no way to disconnect the call addition, AT&T Corp. noted that pay- numbers. Rather than having the other than to unplug the telephone line. per-call providers may avoid federal Commission designate all prefixes as Furthermore, the placement of a call to regulation by using revenue sharing pay-per-call prefixes to ensure an international telephone number in agreements and instant credit to mask protection for consumers, the situations like this does not necessarily services that otherwise would be Commission proposed to make clear mean it connects through the country to regulated as pay-per-call. that to operate outside of 900 numbers, The use of 900 numbers has dropped which it is assigned. all audiotext information services (other dramatically in the past five years. For than directory services) must either Although the FTC has addressed some example, the number of assigned 900 have presubscription agreements cases in this area, we seek comment on numbers, which peaked in 1999 with executed in writing or, alternatively, whether additional actions are needed 447 distinct 900 NXX codes, had require that payments be made through from the FCC. (See, e.g., FTC v. BTV dropped to 206 by the end of 2002. direct remittance, prepaid account, or Industries, Rik Covell, Adam Lewis, Many of those numbers are not actually debit, credit, charge or calling card. For National Communications Team, Inc., used by end users. Many carriers example, this proposal would apply LO/AD Communications Corp., and decline to provide transport or bill for such protections to 500 numbers, 700 Nicholas Loader, CV–S–02–0437–LHR– 900 numbers. Further, some pay-per-call numbers, plain old telephone service PAL, Complaint, and Temporary providers claimed that carriers forgive and international numbers when used to Restraining Order (D Nev. 2002) disputed pay-per-call charges repeatedly provide audiotext information services. (alleging defendant sent e-mail messages for the same subscribers without We again seek comment on the claiming that consumers had won a instituting 900 number blocking in usefulness and practicality of such a prize, and when consumers responded, those cases. One participant expressed proposal. In particular, we ask whether routing the calls to an adult Internet site concern that the health of the 900 this proposal would be adequate to via a 900-number modem connection number rules, if applicable, is crucial to balance the need to protect consumers, generating high per-minute rates). In market and consumer confidence. but allow businesses to develop. In that case, the FTC alleged that the Clearly the Commission does not want particular, how would this proposal defendant’s practices were deceptive to direct pay-per-call providers to a effect small businesses? Are small and misleading by, among other things, system that does not function. We seek businesses already keeping such leading consumers to believe that the comment on what steps can be taken to records? In addition, we seek comment connection to the web site was toll-free. ensure the 900 number regime functions on whether there is still a need for such See, also, FTC v. Verity Int’l, Ltd., 194 properly. changes in this area given developments F.Supp.2d 270, 276 (S.D.N.Y. 2002) One commenter noted that a practice in electronic commerce and related (FCC supported the FTC action in a used in the United Kingdom requiring laws, and the now-common use of third- friend of the court brief).) We invite pay-per-call providers to record the party verifications in telephone commenters to offer specific proposals customer’s voice greatly reduced transactions. consistent with our section 228 disputes over charges. We seek We also seek comment on whether we authority. We have on a case-by-case comment on whether it would be need to modify our existing and basis looked at some parameters of appropriate to allow carriers to accept proposed rules given our obligations using 201(b) to review certain recordings of customer’s oral under the Electronic Signatures in relationships between carriers and verification that they understand and Global and National Commerce Act (E- information providers in chat-line cases. agree to the charges as evidence that Sign Act). (Electronic Signatures in (See, e.g., Beehive v. AT&T, 17 FCC Rcd charges should not be forgiven. We seek Global and National Commerce Act, S. 11641 (2002); AT&T Corp. v. Jefferson comment from pay-per-call providers on 761, 106th Cong., 2d Sess. (signed into Telephone Co., Memorandum Opinion whether such items would be necessary. law June 30, 2000).) Under the E-Sign and Order, 16 FCC Rcd 16130 (2001) Act, a contract or business transaction (Jefferson).) We seek comment on the c. Presubscription or Comparable cannot be denied validity or broader policy of what factors and Arrangement enforceability solely because the concerns we should take into account in As noted previously, the Commission contract or transaction is not in writing, making decisions regarding the broad requires services meeting the pay-per- so long as the contract or transaction is practices and conduct in this general call definition to be accessed only a properly authenticated electronic
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record or has been affirmed by an 6025, para. 5 (2000) (Truth-in-Billing evidence that the charge levied actually electronic signature. The E-Sign Act Reconsideration.)) exceeds the charge for the transmission. provides a specific framework for the We seek comment on whether our Accordingly, under this tentative use of electronic records and signatures existing rules governing billing conclusion, interstate services provided specifically for pay-per-call services and and places limits on the interpretation through such an arrangement would fit those for charges billed through toll-free authority of federal and state regulatory within the pay-per-call definition and, numbers, in combination with our agencies with regard to this framework. thus, be required to be offered Truth-in-Billing rules and guidelines, We seek comment on how we might exclusively through 900 numbers. The best adjust our current and proposed are sufficient to address any current 1996 Order & NPRM also notes a staff requirements for presubscription or billing concerns. (We note that the letter which discussed several comparable agreements to best comply Commission’s billing rules specifically hypothetical scenarios in which with the E-Sign Act. do not preempt states from adopting or enforcing their own consistent rules. 47 revenue-sharing arrangements were 3. Billing CFR 64.2400(b). For example, Florida used essentially to mask audiotext Section 228 and our rules already has adopted a rule specifically aimed at information services from pay-per-call mandate certain billing practices for pay-per-call problems. See Policies and regulation. In the Marlowe Letter, the pay-per-call services and 800 numbers Rules Implementing the Telephone staff’s opinion was that such scenarios billed via the telephone bill. (See 47 Disclosure and Dispute Resolution Act, would violate both sectiion 228 and U.S.C. 228(c)(8)(B) and (d)(4); See also Florida Public Service Commission section 201(b). (Letter from John Muleta, 47 CFR 64.1504, 1509 and 1510.) Notice of Withdrawal of Petition to Chief of the Common Carrier Telephone billing of subscribers for any Initiate Rulemaking, filed January 26, Enforcement Bureau at that time, to pay-per-call services must already 2004.) We seek comment specifically on Ronald Marlowe, 10 FCC Rcd 10945, DA display any such charges ‘‘in a part of whether we should adopt a rule stating 95–1905 (September 1, 1995) (Marlowe the subscriber’s bill that is identified as that charges for presubscribed audiotext Letter). See 47 U.S.C. 201(b). Section not being related to local and long information services accessed through 201(b) requires all charges and practices distance telephone charges,’’ and, at a toll-free numbers must be displayed for and in connection with any common minimum, describe the type of service, separately from local and long-distance carrier communications services be just the amount of the charge, and the date, telephone service. How would such a and reasonable.) time, and duration of the call. There rule affect small carriers? In 2001, the Commission determined must also be a clearly-identified toll-free 4. Revenue-Sharing Arrangements that the existence of a revenue-sharing number established for customers to call arrangement between a common carrier The definition of pay-per-call services with any questions. 47 U.S.C. 228(d)(4); and a chat-line service alone did not found in § 228 rests on the requirement See also 47 CFR 64.1509(b) and 47 CFR demonstrate that a carrier’s conduct was that such calls are only those calls to 64.1510(2). For toll-free numbers used unjust and unreasonable under section to bill items on a telephone bill, the audiotext information services for 201(b). (Jefferson., 16 FCC Rcd at 16136, number called must be listed clearly which the caller pays a per-call or per- para. 13. (2001) (overruling Marlowe to with a disclaimer in prominent type that time-interval charge greater than or in the extent that it was not consistent neither local nor long distance service addition to the ‘‘charge for transmission with the conclusions in the Order). See could be disconnected for ‘‘failure to of the call.’’ Some businesses have used also Beehive; Jefferson; AT&T Corp. v. pay disputed charges for information revenue-sharing arrangements to offer services.’’ In addition, the Commission for-profit audiotext information services Frontier Communications of Mt. has developed rules and guidelines in without pay-per-call regulation. The Pulaski, Inc., 17 FCC Rcd 4041 (2002) the Truth-in-Billing proceeding to classic scenario is when an audiotext (follows Jefferson), AT&T v. Atlas ensure that all telephone billing is information service provider does not Telephone Co. and Total readily discernable to consumers. (See charge callers for the service outright, Telecommunications Services, Inc., 16 47 CFR 64.2400–2401; see also Truth-in- but instead receives a commission from FCC Rcd 5726 (2001), aff’d in part and Billing and Billing Format, CC Docket a common carrier for the telephone remanded sub nom, AT&T Corp. v. No. 98–170, First Report and Order and traffic, which might be charged at a high F.C.C., 317 F.3d 227 (DC Cir. 2003); Further Notice of Proposed Rule rate. dismissed, Atlas Telephone Co. v. AT&T Making, 14 FCC Rcd 7492 (1999) (Truth- In the 1996 Order & NPRM, the Corp., File No. E–97–03, Order, 18 FCC in-Billing Order)). In general, charges Commission sought to address these Rcd 11533.) Although the Commission must be accompanied by ‘‘a brief, clear, types of evasions of consumer noted in Jefferson that it was not non-misleading, plain language protections. The Commission tentatively addressing the application of section description of the service or services concluded that certain revenue-sharing 228 to such a situation, the decision rendered’’ that allows consumers to arrangements were in reality charging calls into question our basis for our ‘‘accurately assess that the services for for more than just transmission of the prior tentative conclusion in the 1996 which they are billed correspond to call, even if the caller was not billed Order & NPRM. (Jefferson, 16 FCC Rcd those that they requested and received,’’ separately for the audiotext information at 16133 n.18.) Thus, we no longer reach and that the costs ‘‘conform to their service. (1996 Order & NPRM at 14756 that tentative conclusion here. Instead, understanding of the prices charged.’’ para. 48. The Commission based its we invite commenters, including small (47 CFR 64.2401(b). See also Truth-in- tentative conclusion on its authority carriers and small audiotext information Billing Order.) The Truth-in-Billing under § 154(i), and addressed service providers, to address the issue of Order requires that telephone bills circumvention of section 228 through revenue-sharing arrangements in light of highlight changes in or additions of new the language related to the cost of the Jefferson decision. Parties should providers, but non-recurring pay-per- transmission.) Specifically, the discuss whether it is possible or call services are specifically exempt Commission tentatively concluded that appropriate to find that any revenue- from that requirement. (Truth-in-Billing any form of remuneration between a sharing arrangements do not comply and Billing Format, Order on carrier and audiotext information with section 228 even if such Reconsideration, 15 FCC Rcd 6023, at services provider constituted per se arrangements would not violate 201(b).
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5. New and Evolving Services In January 2002, the Commission possible significant economic impact on released a Notice of Proposed a substantial number of small entities by a. Definition of Exempted Directory Rulemaking in a related proceeding the policies and rules proposed in this Services specifically asking whether allowing Notice of Proposed Rulemaking and Section 228 exempts ‘‘directory enhanced directory assistance to be Memorandum Opinion and Order services’’ from the definition of pay-per- available through presubscribed 411 (NPRM). (See 5 U.S.C. 603. The RFA, call. In the TDDRA R&O implementing would be consistent with Commission see 5 U.S.C. 601–612, has been amended section 228, commenters asked the rules regarding pay-per-call and related by the Small Business Regulatory Commission to interpret the definition services. (Provision of Directory Listing Enforcement Fairness Act of 1996 of ‘‘directory services’’ to include only Information Under the Communications (SBREFA), Public Law Number. 104– ‘‘basic’’ directory services. The Act of 1934, as Amended, CC Docket 121, Title II, 110 Statute 857 (1996).) Commission noted that a common No. 99–273; The Use of N11 Codes and Written public comments are requested carrier also operating as a provider of Other Abbreviated Dialing on this IRFA. Comments must be audiotext information services ‘‘cannot Arrangements, CC Docket No. 92–105; identified as responses to the IRFA and shield its information services from pay- Administration of the North American must be filed by the deadline for per-call regulation by offering them Numbering Plan, CC Docket No. 92–237, comments on the NPRM provided above through a directory services number.’’ In Notice of Proposed Rulemaking, 17 FCC in the Comment Filing Procedures 2003, some commenters stated that Rcd 1164, 1183, para. 37 (FCC 01–384) section paragraph 45. The Commission ambiguities in this area persist. They (N11 NPRM).) We seek comment on the will send a copy of the NPRM, including asked that the Commission ‘‘clarify’’ narrow question of how to further this IRFA, to the Chief Counsel for that enhanced directory services were define ‘‘directory services’’ that are Advocacy of the Small Business exempt from pay-per-call. specifically exempt from the consumer Administration (SBA). In addition, the Examples of such services mentioned protections of pay-per-call, regardless of NPRM and IRFA (or summaries thereof) in the comments to CC Docket No. 96– whether any presubscription or will be published in the Federal 146 include such things as a service that comparable agreement exists. Register. allows subscribers to access directory listings by category, and then obtain b. Data Services Need for, and Objectives of, the additional information about the listing, At least two commenters in 2003, Proposed Rules upload personal contacts into a private claimed that data services are exempt database, and use a live operator to from regulation under section 228 and The Commission has rules to afford access their own personal data. Another another has suggested that uncertainty consumers protection from deceptive service allows wireless subscribers to in this area might fluster development practices associated with the provision store personal address books on a of nascent industries. However, section of audiotext information services, and network server and have voice-activated 228 has several provisions that allude to the use of toll-free numbers. In 1996, the access to data with news, receive wake- data services being pay-per-call services. Commission issued a Notice of up calls and get travel information ‘‘at First, section 228(f)(3) required the Proposed Rulemaking (NPRM) no additional charge.’’ Another Commission to review the ‘‘extension of proposing rules which were intended to proposed service would add more regulation under [section 228] with address potential circumvention of the content such as information about the respect to persons that provide, for a regulations. Later, in March of 2003, the weather, and have partnerships with per-call charge, data services that are Commission issued a Public Notice businesses to allow for such not pay-per-call services.’’ In the First seeking to refresh the record in the connections as transferring customers to TDDRA Order, the Commission noted proceeding. In this NPRM, the places for ticket purchases. that the statutory definition of pay-per- Commission initiates a new proceeding In other proceedings, the Commission call includes ‘‘data information to review the effectiveness of our rules has already been presented with services,’’ but it did not find a need to governing pay-per-call services, related questions about the offering of directory warrant extension of regulation of audiotext information services, and toll- services that are more than ‘‘traditional’’ section 228 outside pay-per-call data free numbers. The Commission seeks operator provision of local telephone services. In addition, section 228(c)(8) comment on the state of the 900-number numbering. In the N11 numbering provides an exception to the criteria for regime regulating pay-per-call services, proceeding, some commenters had written agreements for ‘‘any purchase of the effectiveness of consumer argued that Local Exchange Carrier goods or of services that are not protections relating to toll-free numbers, (LEC) use of the 411 number should be information services.’’ We seek and to those audiotext information restricted to the provision of comment on whether further services accessed through dialing ‘‘traditional’’ directory services, clarification is needed on this topic of methods other than 900 numbers. We meaning operator provision of local what data services fit within the pay- are interested in learning the extent to telephone numbers. (The Use of N11 per-call definition. We seek specific which consumer protections have been Code and Other Abbreviated Dialing comments on items that might be of circumvented, and what steps we might Arrangements, CC Docket No. 92–105, significant concern for consumers and take to protect consumers, including First Report and Order and Further for developing businesses, including small business consumers, from such Notice of Proposed Rulemaking, 12 FCC small businesses. practices. In addition, we seek comment Rcd 5572, 5600, para. 48 (N11 First on changes in technology that warrant Report and Order).) The Commission Initial Regulatory Flexibility Analysis re-examination and clarification of these declined to do so at that time, and (IRFA) rules. instead concluded that a LEC could Initial Regulatory Flexibility Analysis Legal Basis offer enhanced services using a 411 (IRFA), as required by the Regulatory code, or any other N11 code, only if that Flexibility Act of 1980, as amended The legal basis for any action that may LEC offered access to the code on a (RFA), the Commission has prepared be taken pursuant to this NPRM is reasonable, nondiscriminatory basis to this present Initial Regulatory contained in sections 1–4, 201(b), 228, competing enhanced services providers. Flexibility Analysis (IRFA) of the and 303(r) of the Communications Act
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of 1934, as amended, 47 U.S.C. 151–154, service providers that have used toll- million and $9,999,999. Consequently, 201(b), 228, and 303(r). free numbers to provide information we estimate that the majority of these services will be affected by the proposed firms are small entities that may be Description and Estimate of the Number limitations involving the use of toll-free affected by our action. of Small Entities To Which the numbers and mandatory written Providers of Telecommunications and Proposed Rules Will Apply presubscription. These companies may Other Services. We have included small The RFA directs agencies to provide experience an adverse economic impact incumbent local exchange carriers a description of, and where feasible, an in that they will have to change the (LECs) in this present RFA analysis. As estimate of the number of small entities manner in which they provide services noted above, a ‘‘small business’’ under that may be affected by the proposed to secure billing. the RFA is one that, inter alia, meets the rules and policies, if adopted. The RFA The Commission has only limited pertinent small business size standard generally defines the term ‘‘small unverifiable information to predict (e.g., a telephone communications entity’’ as having the same meaning as either the total number of audiotext business having 1,500 or fewer the terms ‘‘small business,’’ ‘‘small information service providers, or the employees), and ‘‘is not dominant in its organization,’’ and ‘‘small governmental percentage of providers that qualify as field of operation.’’ The SBA’s Office of jurisdiction.’’ In addition, the term small entities. Audiotext Information Advocacy contends that, for RFA ‘‘small business’’ has the same meaning Service providers are not subject to purposes, small incumbent LECs are not as the term ‘‘small business concern’’ federal licensing or reporting dominant in their field of operation under the Small Business Act. A ‘‘small requirements. In 1996, staff had been because any such dominance is not business concern’’ is one which: (1) Is able to obtain from industry sources ‘‘national’’ in scope. We have therefore independently owned and operated; (2) only an informal estimate that the total included small incumbent LECs in this is not dominant in its field of operation; number of these entities operating, RFA analysis, although we emphasize and (3) satisfies any additional criteria which at that time was noted as that this RFA action has no effect on established by the SBA. probably somewhere between 10,000 Commission analyses and Small entities potentially affected by and 20,000 total operating entities. determinations in other, non-RFA the policies and rules proposed herein Although the Commission asked for contexts. include organizations, governmental comment as to the number of small Total Number of Telephone jurisdictions, providers of audiotext businesses that would have been Companies Affected. The Census information services, and providers of affected by regulations proposed in this Bureau reports that, at the end of 1997, telecommunications and other services, area in 1996, the Commission received there were 6,239 firms engaged in including both wired and wireless no data in comments. Even assuming providing telephone services, as defined services, such as operator service that this rough estimate is correct, we therein. This number contains a variety providers, prepaid calling card cannot, with certainty identify what of different categories of carriers, providers, and other toll carriers. portion of such providers might be including local exchange carriers, Small Businesses. Nationwide, there providing services in a manner that interexchange carriers, competitive are approximately 22.4 million small would subject them to the proposed access providers, mobile service businesses, according to SBA data. regulations governing toll-free numbers carriers, operator service providers, pay Small Organizations. A small and presubscription agreements, or telephone operators, personal organization is generally ‘‘any not-for- predict what portion of all such communications service (PCS) profit enterprise which is independently providers are small businesses. We providers, covered small mobile radio owned and operated and is not invite parties commenting on this IRFA (SMR) providers, and resellers. It seems dominant in its field.’’ Nationwide, to provide information as to the number certain that some of those 6,239 there are approximately 1.6 million of small businesses that would be telephone service firms may not qualify small organizations. Small affected by our proposed regulations as small entities because they are not Governmental Jurisdictions. The term and to identify alternatives that would ‘‘independently owned and operated.’’ ‘‘small governmental jurisdiction’’ is reduce the burden on these entities For example, a PCS provider that is defined as ‘‘governments of cities, while still ensuring that consumers are affiliated with an interexchange carrier counties, towns, townships, villages, protected adequately. having more than 1,500 employees school districts, or special districts, with All Other Information Services. ‘‘This would not meet the definition of a small a population of less than fifty industry comprises establishments business. It seems reasonable to thousand.’’ As of 1997, there were primarily engaged in providing other conclude, therefore, that 6,239 or fewer approximately 87,453 government information services (except new telephone service firms are small entity jurisdictions in the United States. This syndicates and libraries and archives).’’ telephone service firms that may be number includes 39,044 county We note that, in our Notice, we have affected by the policies and rules governments, municipalities, and described activities such as email, proposed in this NPRM. townships, of which 37,546 have online gaming, web browsing, video Wired Telecommunications Carriers. populations of fewer than 50,000 and conferencing, instant messaging, and The SBA has developed a small 1,498 have populations of 50,000 or other, similar Internet Protocol-enabled business size standard for Wired more. Thus, we estimate the number of services. The SBA has developed a Telecommunications Carriers, which small governmental jurisdictions overall small business size standard for this consists of all such companies having to be up to 85,955. category; that size standard is $6 million 1,500 or fewer employees. Providers of audiotext information or less in average annual receipts. According to Census Bureau data for services. While the Commission’s rules According to United States Bureau of 1997, there were 2,225 firms in this directly apply to common carriers that the Census (the Census Bureau) data for category, total, that operated for the transmit and bill subscribers for 1997, there were 195 firms in this entire year. Of this total, 2,201 firms had information services, other companies category that operated for the entire employment of 999 or fewer employees, actually providing the information year. Of these, 172 had annual receipts and an additional 24 firms had services might be indirectly affected. of under $5 million, and an additional employment of 1,000 employees or For example, audiotext information nine firms had receipts of between $5 more. Thus, under this size standard,
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the great majority of firms can be affected by our proposed policies and OSPs, prepaid calling card providers, considered small. actions. satellite service carriers, or toll resellers. Incumbent LECs. Neither the Interexchange Carriers. Neither the The closest applicable size standard Commission nor the SBA has developed Commission nor the SBA has developed under SBA rules is for Wired a small business size standard a small business size standard Telecommunications Carriers. Under specifically for incumbent LECs. The specifically for providers of that size standard, such a business is appropriate size standard under SBA interexchange services. The appropriate small if it has 1,500 or fewer employees. rules is for the category Wired size standard under SBA rules is for the According to Commission’s data, 42 Telecommunications Carriers. Under category Wired Telecommunications companies reported that their primary that size standard, such a business is Carriers. Under that size standard, such telecommunications service activity was small if it has 1,500 or fewer employees. a business is small if it has 1,500 or the provision of payphone services. Of According to Commission data, 1,337 fewer employees. According to these 42 companies, an estimated 37 carriers have reported that they are Commission data, 261 carriers have have 1,500 or fewer employees and five engaged in the provision of incumbent reported that they are engaged in the have more than 1,500 employees. local exchange services. Of these 1,337 provision of interexchange service. Of Consequently, the Commission carriers, an estimated 1,032 have 1,500 these, an estimated 223 have 1,500 or estimates that most ‘‘Other Toll or fewer employees and 305 have more fewer employees and 38 have more than Carriers’’ are small entities that may be than 1,500 employees. Consequently, 1,500 employees. Consequently, the affected by our proposed policies and the Commission estimates that most Commission estimates that the majority actions. providers of incumbent local exchange of interexchange carriers are small Wireless Service Providers. The SBA service are small businesses that may be entities that may be affected by our has developed a small business size affected by our proposed policies and proposed policies and actions. standard for wireless firms within the actions. Operator Service Provider (OSP). two broad economic census categories Competitive LECs, Competitive Access Neither the Commission nor the SBA of Paging and Cellular and Other Providers (CAPs), and ‘‘Other Local has developed a small business size Wireless Telecommunications. Under Service Providers.’’ Neither the standard specifically for operator both SBA categories, a wireless business Commission nor the SBA has developed service providers. The appropriate size is small if it has 1,500 or fewer a small business size standard standard under SBA rules is for the employees. For the census category of specifically for these service providers. category Wired Telecommunications Paging, Census Bureau data for 1997, The appropriate size standard under Carriers. Under that size standard, such show that there were 1,320 firms in this SBA rules is for the category Wired a business is small if it has 1,500 or category, total, that operated for the Telecommunications Carriers. Under fewer employees. According to entire year. Of this total, 1,303 firms had that size standard, such a business is Commission data, 23 carriers have employment of 999 or fewer employees, small if it has 1,500 or fewer employees. reported that they are engaged in the and an additional 17 firms had According to Commission data, 609 provision of operator services. Of these, employment of 1,000 employees or carriers have reported that they are an estimated 22 have 1,500 or fewer more. Thus, under this category and engaged in the provision of either employees and one has more than 1,500 associated small business size standard, competitive access provider services or employees. Consequently, the the great majority of firms can be competitive local exchange carrier Commission estimates that the majority considered small. For the census services. Of these 609 carriers, an of OSPs are small entities that may be category Cellular and Other Wireless estimated 458 have 1,500 or fewer affected by our proposed policies and Telecommunications, Census Bureau employees and 151 have more than actions. data for 1997, show that there were 977 1,500 employees. In addition, 35 Prepaid Calling Card Providers. firms in this category, total, that carriers have reported that they are Neither the Commission nor the SBA operated for the entire year. ‘‘Other Local Service Providers.’’ Of the has developed a small business size Of this total, 965 firms had 35, an estimated 34 have 1,500 or fewer standard specifically for prepaid calling employment of 999 or fewer employees, employees and one has more than 1,500 card providers. The appropriate size and an additional 12 firms had employees. Consequently, the standard under SBA rules is for the employment of 1,000 employees or Commission estimates that most category Telecommunications Resellers. more. Thus, under this second category providers of competitive local exchange Under that size standard, such a and size standard, the great majority of service, competitive access providers, business is small if it has 1,500 or fewer firms can, again, be considered small. and ‘‘Other Local Service Providers’’ are employees. According to Commission Narrowband Personal Communications small entities that may be affected by data, 37 carriers have reported that they Services. The Commission held an our proposed policies and actions. are engaged in the provision of prepaid auction for Narrowband PCS licenses Local Resellers. The SBA has calling cards. Of these, an estimated 36 that commenced on July 25, 1994, and developed a small business size have 1,500 or fewer employees and one closed on July 29, 1994. A second standard for the category of has more than 1,500 employees. auction commenced on October 26, Telecommunications Resellers. Under Consequently, the Commission 1994, and closed on November 8, 1994. that size standard, such a business is estimates that the majority of prepaid For purposes of the first two small if it has 1,500 or fewer employees. calling card providers are small entities Narrowband PCS auctions, ‘‘small According to Commission data, 133 that may be affected by our proposed businesses’’ were entities with average carriers have reported that they are policies and actions. gross revenues for the prior three engaged in the provision of local resale Other Toll Carriers. Neither the calendar years of $40 million or less. services. Of these, an estimated 127 Commission nor the SBA has developed Through these auctions, the have 1,500 or fewer employees and six a size standard for small businesses Commission awarded a total of 41 have more than 1,500 employees. specifically applicable to ‘‘Other Toll licenses, 11 of which were obtained by Consequently, the Commission Carriers.’’ This category includes toll four small businesses. To ensure estimates that the majority of local carriers that do not fall within the meaningful participation by small resellers are small entities that may be categories of interexchange carriers, business entities in future auctions, the
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Commission adopted a two-tiered small commenced on May 13, 2003, and account the resources available to small business size standard in the closed on May 28, 2003. Seventy-seven entities; (2) the clarification, Narrowband PCS Second Report and bidders claiming small or very small consolidation, or simplification of Order. A ‘‘small business’’ is an entity business status won 2,093 licenses. compliance and reporting requirements that, together with affiliates and Currently, there are approximately under the rule for such small entities; controlling interests, has average gross 74,000 Common Carrier Paging licenses. (3) the use of performance rather than revenues for the three preceding years of According to the most recent Trends in design standards; and (4) an exemption not more than $40 million. A ‘‘very Telephone Service, 608 private and from coverage of the rule, or any part small business’’ is an entity that, common carriers reported that they thereof, for such small entities.’’ together with affiliates and controlling were engaged in the provision of either Commenters, in 2003, noted that interests, has average gross revenues for paging or ‘‘other mobile’’ services. Of audiotext service providers found the the three preceding years of not more these, we estimate that 589 are small, 900 number regime has become a than $15 million. The SBA has under the SBA-approved small business difficult environment in which to approved these small business size size standard. We estimate that the operate a business. Some businesses standards. A third auction commenced majority of common carrier paging complained that charges for audiotext on October 3, 2001 and closed on providers would qualify as small information services were dropped from October 16, 2001. Here, five bidders entities under the SBA definition. carriers’ bills. In order to address this won 317 (Metropolitan Trading Areas concern we are considering allowing Description of Projected Reporting, and nationwide) licenses. Three of these carriers to accept recordings of customer Recordkeeping, and Other Compliance claimed status as a small or very small oral verifications as evidence that Requirements entity and won 311 licenses. charges through 900 numbers should Common Carrier Paging. The SBA has There are several compliance not be removed from the telephone bill. developed a small business size requirements addressed in this item. These verifications would indicate that standard for wireless firms within the One, carriers are responsible for the customer understood and agreed to broad economic census categories of assuring that toll-free numbers, when the 900 number charges. We expect this Cellular and Other Wireless they appear on a telephone bill, must alternative to assist small businesses, Telecommunications. Under this SBA appear in a separate section of the bill both carriers and audiotext information category, a wireless business is small if in order to make it easier for consumers service providers, by facilitating billing it has 1,500 or fewer employees. For the to understand charges that stem from on a telephone bill as opposed to a census category of Paging, Census calls to toll-free numbers. Carriers are credit card or other such means. We Bureau data for 1997, show that there already required to separate out a note in the primary item that disputes were 1,320 firms in this category, total, variety of calls, e.g. local versus long over such charges were greatly reduced that operated for the entire year. Of this distance; therefore, we do not expect once oral verification was implemented total, 1,303 firms had employment of this compliance requirement to be in another country. 999 or fewer employees, and an particularly burdensome for carriers, additional 17 firms had employment of even small carriers. Federal Rules That May Duplicate, 1,000 employees or more. Thus, under This is not a new requirement, just a Overlap, or Conflict With the Proposed this category and associated small clarification of an existing one. Two, in Rules business size standard, the great order to operate outside 900 numbers, Federal Trade Commission (FTC) majority of firms can be considered all audiotext information services—not regulations pursuant to the Telephone small. only those using toll-free numbers— Disclosure and Dispute Resolution Act In the Paging Second Report and must be provided pursuant to a written (TDDRA), prescribe federal standards Order, the Commission adopted a size (or the electronic equivalent) governing some audiotext information standard for ‘‘small businesses’’ for presubscription agreement or made service providers and all entities, purposes of determining their eligibility through payments involving direct including common carriers, which bill for special provisions such as bidding remittance, prepaid account, or debit, and collect for interstate information credits and installment payments. A credit, charge, or calling cards. These services. The FTC has noted that the small business is an entity that, together proposed policies and rules are expansion of the definition of covered with its affiliates and controlling designed to clarify the existing services under its governing statutes principals, has average gross revenues requirement that the presubscription or from Titles II and III of TDDRA, does not exceeding $15 million for the comparable agreement be in writing or not have any effect upon the main preceding three years. The SBA has make use of one of the payment definition of pay-per-call services under approved this definition. An auction of methods discussed above. As such, any Title I of TDDRA, codified as section Metropolitan Economic Area (MEA) proposed policy or rule changes do not 228. The FTC initiated a proceeding in licenses commenced on February 24, constitute an additional compliance this area in 1998, but at this time it has 2000, and closed on March 2, 2000. Of burden. not issued final conclusions. the 2,499 licenses auctioned, 985 were sold. Fifty-seven companies claiming Steps Taken To Minimize Significant Ordering Clauses small business status won 440 licenses. Economic Impact on Small Entities, and Accordingly, pursuant to the An auction of MEA and Economic Area Significant Alternative Considered authority contained in sections 1–4, (EA) licenses commenced on October The RFA requires an agency to 201(b), 228 and 303(r) of the 30, 2001, and closed on December 5, describe any significant, specifically Communications Act of 1934, as 2001. Of the 15,514 licenses auctioned, small business, alternatives that it has amended, 47 U.S.C. 151–154, 201(b), 5,323 were sold. One hundred thirty- considered in reaching its proposed 228 and 303(r); and 47 CFR 64.1501– two companies claiming small business approach, which may include the 1515 of the Commission’s rules, this status purchased 3,724 licenses. A third following four alternatives (among Notice of Proposed Rulemaking is auction, consisting of 8,874 licenses in others): ‘‘(1) The establishment of adopted. each of 175 EAs and 1,328 licenses in differing compliance or reporting The Commission’s Consumer & all but three of the 51 MEAs requirements or timetables that take into Governmental Affairs Bureau, Reference
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Information Center, shall send a copy of Supplementary Information for filing brick, metal conduit or cinder blocks this Notice of Proposed Rulemaking, instructions. would likely be physically inaccessible; including the Initial Regulatory FOR FURTHER INFORMATION CONTACT: wiring simply enclosed within hallway Flexibility Analysis, to the Chief Karen A. Kosar, Media Bureau at (202) molding would not. By expanding the Counsel for Advocacy of the Small 418–1053 or via internet at Note to § 76.5(mm)(4) to include sheet Business Administration. [email protected]. rock in its Reconsideration Order, the Court of Appeals found that the Federal Communications Commission. SUPPLEMENTARY INFORMATION: This is a Commission offered no reasoned basis Marlene H. Dortch, synopsis of the Commission’s Further Secretary. Notice of Proposed Rule Making for the amendment and remanded the [FR Doc. 04–23192 Filed 10–14–04; 8:45 am] (FNPRM), CS Docket No. 95–184 and case to the Commission for further consideration. BILLING CODE 6712–01–P MM Docket No. 92–260, adopted September 22, 2004 and released 2. In response to the Court’s decision, September 29, 2004. The full text is the FNPRM seeks additional comment FEDERAL COMMUNICATIONS available for inspection and copying on whether accessing inside wiring COMMISSION during normal business hours in the behind sheet rock (1) will involve FCC Reference Center, Federal significant modification of or damage to 47 CFR Part 76 Communications Commission, 445 12th preexisting structural elements and (2) Street, SW, CY–A267, Washington, DC will add significantly to the difficulty [CS Docket No. 95–184; MM Docket No. 92– 20554. Persons with disabilities who and cost of wiring an MDU. The FNPRM 260; FCC 04–228] need assistance in the FCC Reference seeks comment as to whether our center may contact Bill Cline at (202) conclusions in general as stated in the Telecommunications Services Inside 418–0267 (voice), (202) 418–7365 Reconsideration Order with regard to Wiring, Customer Premises Equipment (TTY), or [email protected]. Documents are § 76.5(mm)(4) of the rules and the and Implementation of the Cable also available from the Commission’s applicable Note are correct. In addition, Television Consumer Protection and Electronic Comment Filing System. the FNPRM seeks comment as to Competition Act of 1992: Cable Home Documents are available electronically whether there is an additional or more Wiring in ASCII, Word 97, and Adobe Acrobat. appropriate standard that would Copies of documents also may be AGENCY: Federal Communications support the amendment of our rule in obtained from Best Copy and Printing, Commission. light of the Court’s remand. The FNPRM Inc., Portals II, 445 12th Street, SW., ACTION: Proposed rule. also seeks comment as to whether any Room CY–B402, Washington, DC 20554, specific language changes or telephone (202) 488–5300 or (800) 378– SUMMARY: In this document, the eliminations should be made to our 3160, e-mail [email protected], or via its Commission addresses an amendment rule. Web site http:// www.bcpiweb.com. To to a Note in its rules to include wiring request materials in accessible formats I. Procedural Matters behind sheet rock as an example, along for people with disabilities (Braille, with wiring located behind brick, metal large print, electronic files, audio A. Initial Regulatory Flexibility Analysis conduit or cinder blocks, as wiring format), send an e-mail to considered to be ‘‘physically 3. As required by the Regulatory [email protected] or call consumer and inaccessible’’ as that term is used Flexibility Act, the Commission has Governmental Affairs Bureau at 202– regarding the Commission’s cable prepared an Initial Regulatory 418–0531 (voice), 202–418–7365 (TTY). Flexibility Analysis (IRFA) of the television inside wiring rules. The 1. This Further Notice of Proposed possible significant economic impact on consequence of that conclusion is to Rule Making (FNPRM) is issued in a substantial number of small entities of move the point at which a competing response to a decision issued by the the proposals addressed in this multichannel video programming United States Court of Appeals for the document. The IRFA is set forth in the distributor (‘‘MVPD’’) can gain access to District of Columbia Circuit regarding below. Written public comments are wiring located behind sheet rock closer amendment of the Commission’s cable requested on the IRFA. These comments to the incumbent cable operator’s television inside wiring rules. In the must be filed in accordance with the junction box, thereby facilitating First Order on Reconsideration and same filing deadlines for comments on competition between MVPD providers Second Report and Order in the to serve an MDU. The Court of Appeals proceeding, the Commission, in part, the FNPRM, and they should have a found that the Commission offered no modified its rules to provide that home separate and distinct heading reasoned basis for the amendment to run wiring located behind sheet rock is designating them as responses to the add sheet rock and remanded the case considered to be physically inaccessible IRFA. back to the Commission for further for purposes of determining the B. Paperwork Reduction Act consideration. This document seeks demarcation point between home wiring additional comment from interested and home run wiring. At issue in the 4. This FNPRM does not contain parties regarding the Commission’s Appeals Court decision is the proposed information collections conclusion that cable wiring located Commission’s amendment of the Note to subject to the Paperwork Reduction Act behind sheet rock is ‘‘physically § 76.5(mm)(4) of the Commission’s rules of 1995 (‘‘PRA’’), Public Law 104–13. In inaccessible’’ as that term is used in our to indicate that wiring embedded in addition, therefore, it does not contain rules. sheet rock would be considered any new or modified ‘‘information DATES: Comments are due November 15, physically inaccessible. Prior to its collection burden for small business 2004 and reply comments are due Reconsideration Order and amendment concerns with fewer than 25 December 6, 2004. of the Note to § 76.5(mm)(4), the employees,’’ pursuant to the Small ADDRESSES: Federal Communications Commission determined under its Business Paperwork Relief Act of 2002, Commission, 445 12th Street, SW., definition of ‘‘physically inaccessible,’’ Public Law 107–198, see 44 U.S.C. Washington, DC 20554. See for example, that wiring embedded in 3506(c)(4).
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C. Ex Parte Rules—Permit-but-Disclose Any envelopes must be disposed of inaccessible’’ as that term is used in 5. This is a permit-but-disclose notice before entering the building. § 76.5(mm)(4) of the rules and the and comment rulemaking proceeding. Commercial overnight mail (other than appended Note. The consequence of Ex parte presentations are permitted, U.S. Postal Service Express Mail and that conclusion is to move the point at except during the Sunshine Agenda Priority Mail) must be sent to 9300 East which a competing multichannel video period, provided that they are disclosed Hampton Drive, Capitol Heights, MD programming distributor (‘‘MVPD’’) can as provided in the Commission’s rules. 20743. U.S. Postal Service first-class gain access to wiring located behind See generally 47 CFR 1.1202, 1.1203, mail, Express Mail, and Priority Mail sheet rock closer to the incumbent cable and 1.1206. should be addressed to 445 12th Street, operator’s junction box, thereby SW., Washington, DC, 20554. All filings facilitating competition between MVPD D. Comment Information must be addressed to the Commission’s providers to serve an MDU. The Court 6. Pursuant to §§ 1.415 and 1.419 of Secretary, Office of the Secretary, of Appeals found that the Commission the Commission’s rules, 47 CFR 1.415, Federal Communications Commission. offered no reasoned basis for the 1.419, interested parties may file 8. Parties also must serve either one amendment to add sheet rock as an comments on or before November 15, copy of each filing via e-mail or two example of material to be considered as paper copies to Best Copy and Printing, 2004 and reply comments on or before a ‘‘preexisting structural element’’ in Inc., Portals II, 445 12th Street, SW., December 6, 2004. Comments may be defining physical inaccessibility and Room CY–B402, Washington, DC, filed using the Commission’s Electronic remanded the case to the Commission 20554, telephone (202) 488–5300 or Comment Filing System (ECFS) or by for further consideration. (800) 378–3160, e-mail filing paper copies. See Electronic Filing [email protected], or via its Web site at B. Description and Estimate of the of Documents in Rulemaking http://www.bcpiweb.com. In addition, Number of Small Entities Impacted Proceedings, 63 Fed. Reg. 24121 (1998). parties should serve one copy of each 11. The RFA directs agencies to 7. Comments filed through the ECFS filing via e-mail or one paper copy to provide a description of, and where can be sent as an electronic file via the Karen Kosar, Media Bureau, 445 12th feasible, an estimate of the number of Internet to http://www.fcc.gov/e-file/ Street, SW., 4–C453, Washington, DC, small entities that may be affected by ecfs.html. Generally, only one copy of 20554. Washington, DC, 20554. the proposed rules and policies, if an electronic submission must be filed. adopted. The RFA generally defines the If multiple docket or rulemaking II. Initial Regulatory Flexibility term ‘‘small entity’’ as having the same numbers appear in the caption of this Analysis meaning as the terms ‘‘small business,’’ proceeding, however, commenters must 9. As required by the Regulatory ‘‘small organization,’’ and ‘‘small transmit one electronic copy of the Flexibility Act of 1980, as amended governmental jurisdiction.’’ In addition, comments to each docket or rulemaking (‘‘RFA’’), the Commission has prepared the term ‘‘small business’’ has the same number referenced in the caption. In this Initial Regulatory Flexibility meaning as the term ‘‘small business completing the transmittal screen, Analysis (‘‘IRFA’’) of the possible concern’’ under the Small Business Act. commenters should include their full significant economic impact on small A ‘‘small business concern’’ is one name, U.S. Postal Service mailing entities by the policies and rules which: (1) Is independently owned and address, and the applicable docket or addressed in the Further Notice of operated; (2) is not dominant in its field rulemaking number. Parties may also Proposed Rulemaking (‘‘FNPRM’’). of operation; and (3) satisfies any submit an electronic comment by Written comments are requested on this additional criteria established by the Internet e-mail. To get filing instructions IRFA. Comments must be identified as SBA. for e-mail comments, commenters responses to the IRFA and must be filed 12. Cable and Other Program should send an e-mail to [email protected], in accordance with the same filing Distribution. This category includes and should include the following words deadlines for comments on the FNPRM. cable systems operators, closed circuit in the body of the message, ‘‘get form television services, direct broadcast
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size standard for cable system operators, receipts of $10 million or less, and an 392 incumbent MDS licensees that have for purposes of rate regulation. Under additional 52 firms had receipts of $10 gross revenues that are not more than the Commission’s rules, a ‘‘small cable million or more but less than $25 $40 million and are thus considered company’’ is one serving fewer than million. Thus, under this standard, we small entities. 400,000 subscribers nationwide. The estimate that the majority of providers 18. In addition, and as noted supra, most recent estimates indicate that there in this service category are small the SBA has developed a small business were 1,439 cable operators who businesses that may be affected by the size standard for Cable and Other qualified as small cable system rules and policies involved herein. Program Distribution, which includes operators at the end of 1995. Since then, 16. Local Multipoint Distribution all such companies generating $12.5 some of those companies may have Service. Local Multipoint Distribution million or less in annual receipts. grown to serve over 400,000 subscribers, Service (LMDS) is a fixed broadband According to Census Bureau data for and others may have been involved in point-to-multipoint microwave service 1997, there were a total of 1,311 firms transactions that caused them to be that provides for two-way video in this category, total, that had operated combined with other cable operators. telecommunications. The auction of the for the entire year. Of this total, 1,180 Consequently, the Commission 986 Local Multipoint Distribution firms had annual receipts of under $10 estimates that there are now fewer than Service (LMDS) licenses began on million, and an additional 52 firms had 1,439 small entity cable system February 18, 1998 and closed on March receipts of $10 million or more but less operators that may be affected by the 25, 1998. The Commission established a than $25 million. Consequently, we rules and policies involved herein. small business size standard for LMDS estimate that the majority of providers 14. Cable System Operators (Telecom licenses as an entity that has average in this service category are small Act Standard). The Communications gross revenues of less than $40 million businesses that may be affected by the Act of 1934, as amended, also contains in the three previous calendar years. An proposed rules and policies. a size standard for small cable system additional small business size standard 19. Finally, while SBA approval for a operators, which is ‘‘a cable operator for ‘‘very small business’’ was added as Commission-defined small business size that, directly or through an affiliate, an entity that, together with its affiliates, standard applicable to ITFS is pending, serves in the aggregate fewer than 1 has average gross revenues of not more educational institutions are included in percent of all subscribers in the United than $15 million for the preceding three this analysis as small entities. There are States and is not affiliated with any calendar years. The SBA has approved currently 2,032 ITFS licensees, and all entity or entities whose gross annual these small business size standards in but 100 of these licenses are held by revenues in the aggregate exceed the context of LMDS auctions. There educational institutions. Thus, we $250,000,000.’’ The Commission has were 93 winning bidders that qualified tentatively conclude that at least 1,932 determined that there are 67,700,000 as small entities in the LMDS auctions. ITFS licensees are small businesses. subscribers in the United States. A total of 93 small and very small 20. Open Video Services. Open Video Therefore, an operator serving fewer business bidders won approximately Service (OVS) systems provide than 677,000 subscribers shall be 277 A Block licenses and 387 B Block subscription services. The SBA has deemed a small operator, if its annual licenses. On March 27, 1999, the created a small business size standard revenues, when combined with the total Commission re-auctioned 161 licenses; for Cable and Other Program annual revenues of all its affiliates, do there were 32 small and very small Distribution. This standard provides not exceed $250 million in the businesses winning that won 119 that a small entity is one with $12.5 aggregate. Based on the available data, licenses. million or less in annual receipts. The the Commission estimates that the 17. Multipoint Distribution Service, Commission has certified approximately number of cable operators serving Multichannel Multipoint Distribution 100 OVS operators to serve 75 areas, 677,000 subscribers or fewer, totals Service, and Instructional Television and some of these are currently 1,450. The Commission neither requests Fixed Service. Multichannel Multipoint providing service. Affiliates of nor collects information on whether Distribution Service (MMDS) systems, Residential Communications Network, cable system operators are affiliated often referred to as ‘‘wireless cable,’’ Inc. (RCN) received approval to operate with entities whose gross annual transmit video programming to OVS systems in New York City, Boston, revenues exceed $250 million, and subscribers using the microwave Washington, D.C., and other areas. RCN therefore are unable, at this time, to frequencies of the Multipoint has sufficient revenues to assure that estimate more accurately the number of Distribution Service (MDS) and they do not qualify as a small business cable system operators that would Instructional Television Fixed Service entity. Little financial information is qualify as small cable operators under (ITFS). In connection with the 1996 available for the other entities that are the size standard contained in the MDS auction, the Commission defined authorized to provide OVS and are not Communications Act of 1934. ‘‘small business’’ as an entity that, yet operational. Given that some entities 15. Cable Television Relay Service. together with its affiliates, has average authorized to provide OVS service have This service includes transmitters gross annual revenues that are not more not yet begun to generate revenues, the generally used to relay cable than $40 million for the preceding three Commission concludes that those OVS programming within cable television calendar years. The SBA has approved operators remaining might qualify as system distribution systems. The SBA of this standard. The MDS auction small businesses that may be affected by has defined a small business size resulted in 67 successful bidders the rules and policies proposed herein. standard for Cable and other Program obtaining licensing opportunities for Distribution, consisting of all such 493 Basic Trading Areas (BTAs). Of the C. Description of Projected Recording, companies having annual receipts of no 67 auction winners, 61 claimed status as Recordkeeping, and Other Compliance more than $12.5 million. According to a small business. At this time, we Requirements Census Bureau data for 1997, there were estimate that of the 61 small business 21. The retention or deletion of the 1,311 firms in the industry category MDS auction winners, 48 remain small word ‘‘sheet rock’’ to the Note to Cable and Other Program Distribution, business licensees. In addition to the 48 § 76.5(mm)(4) of the Commission’s rules total, that operated for the entire year. small businesses that hold BTA would not impose any additional Of this total, 1,180 firms had annual authorizations, there are approximately reporting or recordkeeping
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requirements. With regard to other Commission’s conclusions if based on III. Ordering Clauses compliance requirements, we note as evidence of potential differential indicated above, that the FNPRM is impact. 25. It is ordered that, pursuant to sections 1, 4(i), 601, 623, 624, and 632 initiated in response to a decision D. Steps Taken To Minimize Significant issued by the United States Court of of the Communications Act of 1934, as Impact on Small Entities and amended, 47 U.S.C. 151, 154(i), 521, Appeals for the District of Columbia Significant Alternatives Considered regarding amendment of the 543, 544 and 552 comment is hereby Commission’s cable television inside 23. The RFA requires an agency to sought on the analysis, questions, wiring rules. The Court seeks support describe any significant alternatives that discussions and statement of issues in for the Commission’s decision to add it has considered in reaching its this Further Notice of Proposed wiring behind sheet rock as an example proposed approach, which may include Rulemaking. of wiring considered to be ‘‘physically the following four alternatives: (1) The establishment of differing compliance or 26. It is further ordered that the inaccessible’’ as that term is defined by Commission’s Consumer and § 76.5(mm)(4) of the Commission’s rules reporting requirements or timetables that take into account the resources Governmental Affairs Bureau, Reference and the appended Note. As stated, the available to small entities; (2) the Information Center, shall send a copy of consequence of the Commission’s clarification, consolidation, or the Further Notice of Proposed underlying decision is to move the point simplification of compliance or Rulemaking, including the IRFA, to the at which a competing video provider reporting requirements under the rule Chief Counsel for Advocacy of the Small can gain access to wiring located behind for small entities; (3) the use of Business Administration. sheet rock closer to the incumbent cable performance, rather than design operator’s junction box, thereby Federal Communications Commission. standards; and (4) an exemption from facilitating competition between video coverage of the rule, or any part thereof, Marlene H. Dortch, providers to serve an MDU. for small entities. Secretary. 22. No alternatives to our proposal [FR Doc. 04–23186 Filed 10–14–04; 8:45 am] E. Federal Rules Which Duplicate, herein are mentioned because we do not BILLING CODE 6712–01–P anticipate a negative impact on smaller Overlap, or Conflict With the entities. However, we welcome Commission’s Rules and Policies Herein comment on modifications of the 24. None.
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Notices Federal Register Vol. 69, No. 199
Friday, October 15, 2004
This section of the FEDERAL REGISTER Done in Washington, DC, this 8th day of notice is published will be used to contains documents other than rules or October 2004. establish the official date for the proposed rules that are applicable to the John Surina, beginning of the comment or appeal public. Notices of hearings and investigations, Deputy Assistant Secretary for period. The newspapers to be used are committee meetings, agency decisions and Administration. as follows: rulings, delegations of authority, filing of [FR Doc. E4–2653 Filed 10–14–04; 8:45 am] petitions and applications and agency Regional Forester, Intermountain statements of organization and functions are BILLING CODE 3410–34–P Region examples of documents appearing in this section. For decisions made by the Regional DEPARTMENT OF AGRICULTURE Forester affecting National Forests in Idaho: Idaho Statesman, Boise, Idaho. DEPARTMENT OF AGRICULTURE Forest Agency For decisions made by the Regional Forester affecting National Forests in Newspapers Used for Publication of Animal and Plant Health Inspection Nevada: Reno Gazette-Journal, Reno, Legal Notices by the International Service Nevada. Region; Utah, Idaho, Nevada, and For decisions made by the Regional [Docket No. 04–033–1] Wyoming Forester affecting National Forests in General Conference Committee of the AGENCY: Forest Service, USDA. Wyoming: Casper Star-Tribune, Casper, National Poultry Improvement Plan; ACTION: Notice. Wyoming. Reestablish For decisions made by the Regional SUMMARY: This notice lists newspapers Forester affecting National Forests in AGENCY: Animal and Plant Health that will be used by the ranger districts, Utah: Salt Lake Tribune, Salt Lake City, Inspection Service, USDA. forests and regional office of the Utah. ACTION: Notice of reestablishment. Inermountain Region to publish legal For decisions made by the Regional notices required under 36 CFR 215, 217, Forester that affect all National Forests SUMMARY: We are giving notice that the and 218. The intended effect of this in the Intermountain Region; Salt Lake Secretary of Agriculture has action is to inform interested members Tribune, Salt Lake City, Utah. reestablished the General Conference of the public which newspapers the Committee of the National Poultry Forest Service will use to publish Ashley National Forest Improvement Plan for a 2-year period. notices of proposed actions and notices Ashley Forest Supervisor decisions: The Secretary has determined that the of decision. This will provide the public Vernal Express, Vernal, Utah. Committee is necessary and in the with constructive notice of Forest Duchesne District Ranger decisions: public interest. Service proposals and decisions, Uinta Basin Standard, Roosevelt, Utah. FOR FURTHER INFORMATION CONTACT: Mr. provide information on the procedures Flaming Gorge District Ranger for Andrew Rhorer, Senior Coordinator, to comment or appeal, and establish the decisions affecting Wyoming: Rocket National Poultry Improvement Plan, VS, date that the Forest Service will use to Miner, Rock Springs, Wyoming. APHIS, 1498 Klondike Road, Suite 200, determine if comments or appeals were Flaming Gorge District Ranger for Conyers, GA 30094–5104; (770) 922– timely. decisions affecting Utah: Vernal 3496. DATES: Publication of legal notices in Express, Vernal, Utah. Roosevelt District Ranger decisions: SUPPLEMENTARY INFORMATION: the listed newspapers will begin on or The Uinta Basin Standard, Roosevelt, Utah. purpose of the General Conference after October 1, 2004. The list of newspapers will remain in effect until Vernal District Ranger decisions: Committee of the National Poultry Vernal Express, Vernal, Utah. Improvement Plan (Committee) is to April 1, 2005, when another notice will maintain and ensure industry be published in the Federal Register. Boise National Forest involvement in Federal administration FOR FURTHER INFORMATION CONTACT: Boise Forest Supervisor decisions: of matters pertaining to poultry health. Priscilla McLain, Regional Appeals Idaho Statesman, Boise, Idaho. The Committee Chairperson and the Coordinator, Intermountain Region, 324 Cascade District Ranger decisions: Vice Chairperson shall be elected by the 25th Street, Ogden, UT 84401, and Long Valley Advocate, Cascade, Idaho. Committee from among its members. phone (801) 625–5146. Emmett District Ranger decisions: There are seven members on the SUPPLEMENTARY INFORMATION: The Messenger-Index, Emmett, Idaho. Committee. This Committee differs administrative procedures at 36 CFR Idaho City District Ranger decisions: somewhat from other advisory 215, 217, and 218 require the Forest Idaho Statesman, Boise, Idaho. committees in the selection process and Service to publish notices in a Lowman District Ranger decisions: composition of its membership. The newspaper of general circulation. The Idaho World, Garden Valley, Idaho. poultry industry elects the members of content of the notices is specified in 36 Mountain Home District Ranger the Committee. The members represent CFR 215, 217 and 218. In general, the decisions: Idaho Statesman, Boise, six geographic areas with one member- notices will identify: the decision or Idaho. at-large. The membership is not subject project, by title or subject matter, the to the U.S. Department of Agriculture’s name and title of the official making the Bridger-Teton National Forest review. A formal request for decision; how to obtain additional Bridger-Teton Forest Supervisor nominations for membership is information; and where and how to file decisions: Casper Star-Tribune, Casper, published in the Federal Register. comments or appeals. The date the Wyoming.
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Big Piney District Ranger decisions: Austin District Ranger decisions: Middle Fork District Ranger Casper Star-Tribune, Casper, Wyoming. Reno Gazette-Journal, Reno, Nevada. decisions: The Challis Messenger, Buffalo District Ranger decisions: Bridgeport District Ranger decisions: Challis, Idaho. Casper Star-Tribune, Casper, Wyoming. Mammoth Times, Mammoth Lakes, North Fork District Ranger decisions: Greys River District Ranger decisions: California. The Recorder-Herald, Salmon, Idaho. Casper Star-Tribune, Casper, Wyoming. Carson District Ranger decisions: Jackson District Ranger decisions: Reno Gazette-Journal, Reno, Nevada. Salmon/Cobalt District Ranger Casper Star-Tribune, Casper, Wyoming. Ely District Ranger decisions: Ely decisions: The Recorder-Herald, Kemmerer District Ranger decisions: Daily Times, Ely, Nevada. Salmon, Idaho. Casper Star-Tribune, Casper, Wyoming. Jarbridge District Ranger decisions: Yankee Fork District Ranger Pinedale District Ranger decisions: Elko Daily Free Press, Elko, Nevada. decisions: The Challis Messenger, Casper Star-Tribune, Casper, Wyoming. Mountain City District Ranger Challis, Idaho. Caribou-Targhee National Forest decisions: Elko Daily Free Press, Elko, Sawtooth National Forest Caribou-Targhee Forest Supervisor Nevada. Ruby Mountains District Ranger decisions for the Caribou portion: Idaho Sawtooth Forest Supervisor decisions: decisions: Elko Daily Free Press, Elko, State Journal, Pocatello, Idaho. The Times News, Twin Falls, Idaho. Caribou-Targhee Forest Supervisor Nevada. Santa Rosa District Ranger decisions: Fairfield District Ranger decisions: decisions for the Targhee portion: Post The Times News, Twin Falls, Idaho. Register, Idaho Falls, Idaho. Humboldt Sun, Winnemucca, Nevada. Ashton District Ranger decisions: Post Spring Mountains National Recreation Ketchum District Ranger decisions: Register, Idaho Falls, Idaho. Area District Ranger decisions: Las Idaho Mountain Express, Ketchum, Dubois District Ranger decisions: Post Vegas Review Journal, Las Vegas, Idaho. Nevada. Register, Idaho Falls, Idaho. Minidoka District Ranger decisions: Tonopah District Ranger decisions: Island Park District Ranger decisions: The Times News, Twin Falls, Idaho. Post Register, Idaho Falls, Idaho. Tonopah Times Bonanza-Goldfield Montpelier District Ranger decisions: News, Tonopah, Nevada. Sawtooth National Recreation Area: The Challis Messenger, Challis, Idaho. Idaho State Journal, Pocatello, Idaho. Manti-Lasal National Forest Palisades District Ranger decisions: Uinta National Forest Post Register, Idaho Falls, Idaho. Manti-LaSal Forest Supervisor Soda Springs District Ranger decisions: Sun Advocate, Price, Utah. Uinta Forest Supervisor decisions: decisions: Idaho State Journal, Ferron District Ranger decisions: The Daily Herald, Provo, Utah. Pocatello, Idaho. Emery County Progress, Castle Dale, Teton Basin District Ranger decisions: Utah. Heber District Ranger decisions: The Post Register, Idaho Falls, Idaho. Moab District Ranger decisions: Times Daily Herald, Provo, Utah. Westside District Ranger decisions: Independent, Moab, Utah. Pleasant Grove District Ranger Idaho State Journal, Pocatello, Idaho. Monticello District Ranger decisions: decisions: The Daily Herald, Provo, Dixie National Forest San Juan Record, Monticello, Utah. Utah. Price District Ranger decisions: Sun Spanish Fork District Ranger Dixie Forest Supervisor decisions: Advocate, Price, Utah. Daily Spectrum, St. George, Utah. decisions: The Daily Herald, Provo, Sanpete District Ranger decisions: Utah. Cedar City District Ranger decisions: Sanpete Messenger, Manti, Utah. Daily Spectrum, St. George, Utah. Wasatch-Cache National Forest Escalante District Ranger decisions: Payette National Forest Daily Spectrum, St. George, Utah. Payette Forest Supervisor decisions: Wasatch-Cache Forest Supervisor Pine Valley District Ranger decisions: Idaho Statesman, Boise, Idaho. decisions: Salt Lake Tribune, Salt Lake Daily Spectrum, St. George, Utah. Council District Ranger decisions: City, Utah. Powell District Ranger decisions: Adams County Record, Council, Idaho. Evanston District Ranger decisions: Daily Spectrum, St. George, Utah. Krassel District Ranger decisions: Star Teasdale District Ranger decisions: Uinta County Herald, Evanston, News, McCall, Idaho. Wyoming. Richfield Reaper, Richfield, Utah. McCall District Ranger decisions: Star Kamas District Ranger decisions: Salt News, McCall, Idaho. Fishlake National Forest Lake Tribune, Salt Lake City, Utah. Fishlake Forest Supervisor decisions: New Meadows District Ranger decisions: Star News, McCall, Idaho. Logan District Ranger decisions: Richfield Reaper, Richfield, Utah. Logan Herald Journal, Logan, Utah. Beaver District Ranger decisions: Weiser District Ranger decisions: Richfield Reaper, Richfield, Utah. Signal American, Weiser, Idaho. Mountain View District Ranger Fillmore District Ranger decisions: Salmon-Challis National Forests decisions: Unita County Herald, Richfield Reaper, Richfield, Utah. Evanston, Wyoming. Salmon-Challis Forest Supervisor Loa District Ranger decisions: Ogden District Ranger decisions: Richfield Reaper, Richfield, Utah. decisions for the Salmon portion: The Recorder-Herald, Salmon, Idaho. Ogden Standard Examiner, Ogden, Richfield District Ranger decisions: Utah. Richfield Reaper, Richfield, Utah. Salmon-Challis Forest Supervisor decisions for the Challis portion: The Salt Lake District Ranger decisions: Humboldt-Toiyabe National Forests Challis Messenger, Challis, Idaho. Salt Lake Tribune, Salt Lake City, Utah. Humboldt-Toiyabe Forest Supervisor Challis District Ranger decisions: The Dated: September 29, 2004. decisions for the Humboldt portion: Challis Messenger, Challis, Idaho. Jack G. Troyer, Elko Daily Free Press, Elko, Nevada. Leadore District Ranger decisions: Humboldt-Toiyabe Forest Supervisor The Recorder-Herald, Salmon, Idaho. Regional Forester. decisions for the Toiyabe portion: Reno Lost River District Ranger decisions: [FR Doc. 04–23156 Filed 10–14–04; 8:45 am] Gazette-Journal, Reno, Nevada. The Challis Messenger, Challis, Idaho. BILLING CODE 3410–11–M
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DEPARTMENT OF AGRICULTURE Tuesday, October 26, 2004 3 p.m.–7 length within a 60-foot width. Any new p.m., Creede Community Center, or upgraded sections of the roadway Forest Service Forest Service Road 503 #9, Creede, would be constructed to USFS Colorado 81130. specifications and would cross USFS Notice of Availability Application for Wednesday, October 27, 2004, 3 p.m.– land from United States Highway 160 Transportation and Utility Systems and 7 p.m., South Fork Community (Highway 160) to the private property. Facilities for the Village at Wolf Creek Center, 0254 Highway 49, South Fork, Approximately 2,100 feet of this Draft Environmental Impact Statement Colorado 81154. proposed route has been developed as a Thursday, October 28, 2004, 3 p.m.–7 AGENCY: Forest Service, Rio Grande road, known as ‘‘Tranquility Road,’’ for National Forest. p.m., Pagosa Springs Community access to Ski Area parking lots and will Center, 451 Hot Springs Boulevard, ACTION: be operated and maintained under the Notice of availability and public Pagosa Springs, Colorado 81147. meetings. WCSC SUP. Vehicle traffic would The following Web site may be accessed consist of passenger vehicles, buses, and SUMMARY: The United States Department for additional information: http:// other vehicles and transport necessary of Agriculture (USDA) Forest Service www.fs.fed.us/r2/riogrande/planning/ to develop, construct, operate, and (USFS), Rio Grande National Forest planning.htm. support the residents and businesses (RGNF) announces the availability of ADDRESSES: Send written comments on associated with the Village at Wolf the Application for Transportation and the Draft EIS or requests for copies of Creek. The Application would also grant two Utility Systems and Facilities for the the Draft EIS to: VWC DEIS Comments, 10-foot wide permanent utility corridors Village at Wolf Creek Draft Tetra Tech Inc., 5205 Leesburg Pike, for the installation, operation, Environmental Impact Statement (EIS). Suite 1400, Falls Church, VA 22041. maintenance, repair, and replacement of Draft EIS was prepared in accordance You may send electronic comments to electrical transmission lines and with the Council on Environmental comments-rocky-mountain-rio- facilities; television cables, Quality’s National Environmental Policy [email protected], or comments may be communication cables and lines, fiber- Act (NEPA) Implementing Regulations faxed to (703) 931–9222. (40 CFR parts 1500–1508). The EIS A copy of the Draft EIS is available on optic lines, and other utilities as required to serve the private property analyzes the environmental impacts of a the Internet at: http://www.fs.fed.us/r2/ (Village at Wolf Creek). An additional proposal to authorize the construction riogrande/planning/planning.htm. and use of road and utility corridors 1,000-foot long, 20-foot wide utility FOR FURTHER INFORMATION CONTACT: corridor from Highway 160 to the across Federal land administered by the Contact Mr. Robert Dalrymple, Forest USFS RGNF to a 287.5-acre private northwest section of the property is also Planner, USDA–USFS, Rio Grande proposed. parcel of land (private property). Four National Forest, (719) 852–5941. Refer alternatives are considered: (1) The No The responsible Official is the Forest to SUPPLEMENTARY INFORMATION Supervisor, Rio Grande National Forest, Action Alternative; (2) the Proposed regarding public disclosure of submitted Action (Tranquility Road); (3) the Snow 1803 West Highway 160, Monte Vista, comment information. CO 81132. The NEPA decision to be Shed—East Village Access Alternative; SUPPLEMENTARY INFORMATION: The Rio made by the USFS official is whether or and (4) the Dual Access Road Grande National Forest is comprised of not to authorize the Application for Alternative—Tranquility Road and the 1.86 million acres located in Transportation and Utility Systems and Snow Shed—East Village Access southwestern Colorado. Denver, Facilities on Federal lands as proposed Alternative. More than one access road Colorado, is approximately 300 miles to by the Leavell-McCombs Joint Venture, and utility corridor may be authorized the north of the RGNF, and or alternatives to the proposed access by the USFS as a result of the Albuquerque, New Mexico, is road(s) and utility corridors. Application. approximately 270 miles to the south. No Action: The No Action Alternative DATES: USFS invites Federal agencies, The Continental Divide runs for 236 is the current USFS management State and local governments, Native miles along most of the western border situation. Under this alternative, USFS American tribes, and the public to of the RGNF. The Wolf Creek Ski Area would not issue the Applicant any comment on the Draft EIS. The (Ski Area) is located on lands special-use authorization for access or comment period extends for forty-five administered by the RGNF. utility corridors across USFS lands to days from the publication of the Notice On May 14, 1987, the USFS conveyed the private property. However, this of Availability published by the to the Leavell-McCombs Joint Venture action would not preclude the Environmental Protection Agency on 287.5 acres of private property in Applicant from continuing to have October 8, 2004. Comments submitted exchange for property in Saguache limited access to the private property after that date will be considered to the County, Colorado. The 287.5 acres is via Forest System Road (FSR) 391. The extent practicable. The USFS will entirely surrounded by Federal lands; a Applicant has stated the intent to consider the comments in the condition that was recognized at the develop 2,172 units on the private preparation of the Final EIS. Public time the land exchange was approved. property as the Village at Wolf Creek meetings to present information and The 287.5-acre private property is also even if the No Action Alternative is receive written comments on the Draft entirely within the Wolf Creek Ski selected by the USFS. EIS will be held at three locations. This Corporation (WCSC) Special Use Permit Proposed Action: The Applicant information will also be published in (SUP) boundary managed by the USFS submitted a request for authorization to local Colorado newspapers prior to the as a winter use area. Presently, the construct and use an 80-foot wide meetings. Any necessary changes will Leavell-McCombs Joint Venture is corridor across USFS lands for both be announced in the local media and on requesting authorization to construct road and utility purposes, from the Web site noted in the ADDRESSES and use road and utility corridors across Highway 160 to the private property via section of this notice. Written comments Federal land to access their private an extension of ‘‘Tranquility Road’’. will be accepted at the public meetings. property. Tranquility Road has a 23-foot driving The locations, dates, and times for The all-weather, year-round access surface, and WCSC plans to complete it these public meetings are as follows: road would not exceed 2,350 feet in in 2004. To access the western boundary
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of the private property, the Applicant is suggestions on the proposed action and November 3, 2004, in the Broadway/ proposing to extend Tranquility Road by alternatives, including any issues to Weidler Conference Rooms at the adding approximately 250 feet of road consider, as well as any concerns DoubleTree at Lloyd Center Hotel, 1000 length. The extensions would have a relevant to the analysis. Pursuant to 30 NE Multnomah, Portland, Oregon (503– minimum 24-foot wide running surface. CFR 215.13(b), only those individuals or 249–3110). The meeting will begin at 9 The road access associated with this organizations who submitted a.m. and adjourn at approximately 4 alternative would merge into the current substantive comments during the p.m. The purpose of the meeting, in entrance to the Ski Area at the junction comment period may file an appeal. general, is to continue committee with Highway 160. Utility corridors to Comments received in response to discussions related to Northwest Forest the east and the north of the this notice, including names and Plan implementation. Meeting agenda approximately 2,350-foot access road addresses of those who comment, will items include, but are not limited to the would include buried electrical be considered part of the public record 10-year monitoring report process, transmission lines, television and on this Proposed Action and will be Natural Resources Conservation Service communication cables, fiber-optic lines, available for public inspection. If you Conservation Security Program, Pacific and other utilities. An additional 1,000- wish to withhold your name or street Northwest Aquatic Monitoring foot long, 20-foot wide utility corridor address from public review or from Partnerships, update on Bureau of Land from Highway 160 to the northwest disclosure under the Freedom of Management Resource Management section of the private property is also Information Act (FOIA), you must state Plan Revisions, and several short proposed. Public access across the this prominently at the beginning of written or oral reports related to ongoing private property on FSR 391 would your written comment. Such requests implementation improvement activities. remain unchanged from the current will be honored to the extent allowed by The meeting is open to the public and USFS management conditions. law, but persons requesting such fully accessible for people with Snow Shed—East Village Access confidentiality should be aware that disabilities. A 15-minute time slot is Alternative: The Snow Shed—East under the FOIA, confidentiality may be reserved for public comments at 9:15 Village Access Alternative would granted in only very limited a.m. Interpreters are available upon authorize the construction and use of an circumstances, such as to protect trade request at least 10 days prior to the access road and three utility corridors secrets. The USFS will inform the meeting. Written comments may be that begin on Highway 160, at a point requester of the agency’s decision submitted for the meeting record. approximately 0.33 mile east of the regarding the request for confidentiality, Interested persons are encouraged to current entrance to the Ski Area and and where the request is denied, the attend. approximately 0.25 mile west of the agency will return the submission and FOR FURTHER INFORMATION CONTACT: Snow Shed. Utility corridors alongside notify the requester that the comments Questions regarding this meeting may the approximately 1,500-foot access may be resubmitted with or without be directed to Kath Collier, Management road would include buried electrical name and address within a specified Analyst, Regional Ecosystem Office, 333 transmission lines, television and number of days. All submissions from SW First Avenue, P.O. Box 3623, communication cables, fiber-optic lines, organizations and business, and from Portland, OR 97208 (telephone: 503– and other utilities. Public access across individuals identifying themselves as 808–2165). private lands on FSR 391 would remain representatives or officials of unchanged from the current organizations or businesses, will be Dated: October 7, 2004. management conditions. available for public inspection in their Anne Badgley, Dual Access Road Alternative: This entirety. Comments submitted Designated Federal Official. alternative provides two access roads to anonymously will be accepted and the private property and utility [FR Doc. 04–23144 Filed 10–14–04; 8:45 am] considered; however, those who submit BILLING CODE 3410–11–P corridors associated with those roads. anonymous comments will not have This alternative would be a combination standing to appeal the subsequent of Alternative 2 (Proposed Action) and decision pursuant to 36 CFR part 215. DEPARTMENT OF AGRICULTURE the first 750 feet of Alternative 3 (from Comments and USFS responses will be Highway 160 to the northwestern addressed in the Final EIS. Forest Service boundary of the private property). Public access across private lands on Dated: October 8, 2004. Wrangell-Petersburg Resource FSR 391 would remain unchanged from Peter L. Clark, Advisory Committee the current management conditions. Forest Supervisor. After the end of the public comment [FR Doc. 04–23155 Filed 10–14–04; 8:45 am] AGENCY: Forest Service, USDA. period, the USFS will consider and BILLING CODE 3410–11–M ACTION: Notice of meeting. respond to the comments received, revise the Draft EIS as appropriate, and SUMMARY: Wrangell-Petersburg Resource issue the Final EIS. The USFS will DEPARTMENT OF AGRICULTURE Advisory Committee (RAC) will meet consider the analysis in the Final EIS, from 1 p.m. until 5:15 p.m. (or until the along with other information, in making Forest Service conclusion of public testimony) on a decision on the request for authorized Friday, November 5, and from 8 a.m. Intergovernmental Advisory use of the access road(s) and corridor(s). until 2 p.m., Saturday, November 6, Committee Meeting, Northwest Forest 2004, in Petersburg, Alaska. The Comments Requested Plan purpose of this meeting is to review, The Notice of Availability published AGENCY: Forest Service, USDA. discuss and potentially recommend for by the Environmental Protection Agency ACTION: Notice of meeting. funding proposals received pursuant to on October 8, 2004 initiated the public Title II, Public Law 106–393, H.R. 2389, comment process that guides the SUMMARY: The Intergovernmental the Secure Rural Schools and development of the Final EIS. The USFS Advisory Committee (IAC), Northwest Community Self-Determination Act of invites written comments and Forest Plan (NWFP), will meet on 2000, also called the ‘‘Payments to
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States’’ Act. Public testimony regarding ACTION: Addition to procurement list. date of this addition or options that may the proposals will also be taken. be exercised under those contracts. DATES: The meeting will be held SUMMARY: This action adds to the Procurement List a product to be Patrick Rowe, commencing at 1 p.m. on Friday, Deputy Executive Director. November 5, through 2 p.m., Saturday, furnished by nonprofit agencies [FR Doc. 04–23175 Filed 10–14–04; 8:45 am] November 6, 2004. employing persons who are blind or have other severe disabilities. BILLING CODE 6353–01–P ADDRESSES: The meeting will be held at the Petersburg Lutheran Church Holy EFFECTIVE DATE: November 14, 2004. Cross House, 407 Fram Street, ADDRESSES: Committee for Purchase COMMITTEE FOR PURCHASE FROM Petersburg, Alaska. From People Who Are Blind or Severely PEOPLE WHO ARE BLIND OR FOR FURTHER INFORMATION CONTACT: Disabled, Jefferson Plaza 2, Suite 10800, SEVERELY DISABLED Michael Davis, Acting Wrangell District 1421 Jefferson Davis Highway, Ranger, P.O. Box 51, Wrangell, AK Arlington, Virginia 22202–3259. Procurement List; Proposed Additions 99929, phone (907) 874–2323, e-mail FOR FURTHER INFORMATION CONTACT: AGENCY: Committee for Purchase From [email protected], or Patty Sheryl D. Kennerly, (703) 603–7740. People Who Are Blind or Severely Grantham, Petersburg District Ranger, Disabled. SUPPLEMENTARY INFORMATION: On June P.O. Box 1328, Petersburg, AK 99833, ACTION: Proposed additions to 18, 2004, the Committee for Purchase phone (907) 772–3871, e-mail procurement list. [email protected]. For further From People Who Are Blind or Severely information on RAC history, operations, Disabled published notice (69 FR 34121) SUMMARY: The Committee is proposing and the application process, a Web site of proposed additions to the to add to the Procurement List products is available at www.fs.fed.us/r10/ro/ Procurement List. After consideration of and services to be furnished by payments. Once in the Web-site, follow the material presented to it concerning nonprofit agencies employing persons the links to the Wrangell-Petersburg capability of qualified nonprofit who are blind or have other severe Resource Advisory Committee. agencies to provide the product and disabilities. SUPPLEMENTARY INFORMATION: This impact of the addition on the current or Comments Must be Received on or meeting will focus on the review and most recent contractors, the Committee Before: November 14, 2004. discussion of proposals received by the has determined that the product listed ADDRESSES: Committee for Purchase RAC for funding under Title II of the below is suitable for procurement by the From People Who Are Blind or Severely Payments to States legislation (Pub. L. Federal Government under 41 U.S.C. Disabled, Jefferson Plaza 2, Suite 10800, 106–393), particularly proposals that 46–48c and 41 CFR 51–2.4. 1421 Jefferson Davis Highway, were of high interest to the committee, Regulatory Flexibility Act Certification Arlington, Virginia 22202–3259. but lacked enough information for the FOR FURTHER INFORMATION CONTACT: committee to act. New information may I certify that the following action will Sheryl D. Kennerly, (703) 603–7740. be introduced concerning these not have a significant impact on a SUPPLEMENTARY INFORMATION: This proposals. New proposals (initial substantial number of small entities. notice is published pursuant to 41 reading) may be discussed at this The major factors considered for this U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its meeting. The committee may make certification were: purpose is to provide interested persons recommendations for project funding at 1. The action will not result in any an opportunity to submit comments on this meeting. A field trip to review additional reporting, recordkeeping or the proposed actions. If the Committee proposals proximate to the Petersburg, other compliance requirements for small approves the proposed additions, the Alaska, area may take place. The entities other than the small entities of the Federal Government committee will also review a draft organizations that will furnish the identified in the notice for each product version of an informational newsletter/ product to the Government. or service will be required to procure project solicitation document that will 2. The action will result in the products and services listed below be sent to the public in the near future. authorizing small entities to furnish the from nonprofit agencies employing The meeting is open to the public. product to the Government. persons who are blind or have other Public input opportunity will be 3. There are no known regulatory severe disabilities. provided and individuals will have the alternatives which would accomplish Regulatory Flexibility Act Certification opportunity to address the committee at the objectives of the Javits-Wagner- that time. I certify that the following action will O’Day Act (41 U.S.C. 46–48c) in not have a significant impact on a Dated: October 7, 2004. connection with the product proposed substantial number of small entities. Forrest Cole, for addition to the Procurement List. The major factors considered for this Forest Supervisor. End of Certification certification were: [FR Doc. 04–23157 Filed 10–14–04; 8:45 am] 1. If approved, the action will not BILLING CODE 3410–11–M Accordingly, the following product is result in any additional reporting, added to the Procurement List: recordkeeping or other compliance Product: requirements for small entities other COMMITTEE FOR PURCHASE FROM than the small organizations that will Product/NSN: One Step Tub & Shower furnish the products and services to the PEOPLE WHO ARE BLIND OR Cleaner, M.R. 584. SEVERELY DISABLED Government. NPA: Winston-Salem Industries for the 2. If approved, the action will result Blind, Winston-Salem, North Carolina. in authorizing small entities to furnish Procurement List; Addition Contract Activity: Defense Commissary Agency (DeCA), Fort Lee, Virginia. the products and services to the AGENCY: Committee for Purchase From Government. People Who Are Blind or Severely This action does not affect current 3. There are no known regulatory Disabled. contracts awarded prior to the effective alternatives which would accomplish
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the objectives of the Javits-Wagner- 6260–01–282–7630 (4’’–Orange) which would be likely to significantly O’Day Act (41 U.S.C. 46–48c) in NPA: L.C. Industries for the Blind, Inc., frustrate implementation of a proposed connection with the products and Durham, North Carolina. agency action. (5 U.S.C. 552b.(c)(9)(B)). Contract Activity: Defense Supply Center services proposed for addition to the Philadelphia, Philadelphia, In addition, part of the discussion will Procurement List. Comments on this Pennsylvania. relate solely to the internal personnel certification are invited. Commenters and organizational issues of the BBG or should identify the statement(s) Services the International Broadcasting Bureau. underlying the certification on which Service Type/Location: Base Supply Center, (5 U.S.C. 552b.(c)(2) and (6)). they are providing additional Buildings 1304 and 1305, Fort Rucker, CONTACT PERSON FOR MORE INFORMATION: information. Alabama. Persons interested in obtaining more NPA: Alabama Industries for the Blind, End of Certification information should contact either Talladega, Alabama. Brenda Hardnett or Carol Booker at Contract Activity: Department of the Army, The following products and services (202) 203–4545. are proposed for addition to the Directorate of Contracting, Fort Rucker, Procurement List for production by the Alabama. Dated: October 12, 2004. nonprofit agencies listed: Service Type/Location: Custodial Services, Carol Booker, USDA, Laboratory Research Building, Legal Counsel. Products 6301 W. 750 North, West Lafayette, Indiana. [FR Doc. 04–23208 Filed 10–13–04; 9:45 am] Product/NSN: Battery Nonrechargeable, NPA: Wabash Center, Inc., Lafayette, Indiana. BILLING CODE 8230–01–M Lithium, 6135–01–351–1131. Contract Activity: USDA, Agriculture NPA: Eastern Carolina Vocational Center, Research Service, Peoria, Illinois. Inc., Greenville, North Carolina. Contract Activity: Defense Supply Center Service Type/Location: Food Service and DEPARTMENT OF COMMERCE Richmond, Richmond, Virginia. Food Service Attendant, 131st Fighter Wing (Air National Guard Unit—Lambert Product/NSN: Cups, Hot and Cold Drink International Trade Administration Air Base), St. Louis, Missouri. 7350–00–281–3211 (Cold Drink) NPA: Challenge Unlimited, Inc., Alton, [A–570–851, A–533–813] 7350–00–641–4517 (Hot Drink) Illinois. 7350–00–641–4519 (Hot Drink) Contract Activity: Missouri Air National Certain Preserved Mushrooms From 7350–00–641–4523 (Cold Drink) Guard, Bridgeton, Missouri. the People’s Republic of China and 7350–00–641–4576 (Hot Drink) India: Notice of Extension of Time 7350–00–641–4587 (Cold Drink) Service Type/Location: Housekeeping 7350–00–641–4589 (Cold Drink) Services, Camp Edwards Billeting, Camp Limit for Preliminary Results in 7350–00–641–4590 (Cold Drink) Edwards, Massachusetts. Antidumping Duty Administrative 7350–00–641–4591 (Cold Drink) NPA: Nauset, Inc., Hyannis, Massachusetts. Reviews 7350–00–641–4592 (Cold Drink) Contract Activity: Massachusetts Army 7350–00–641–4593 (Cold Drink) National Guard, Camp Edwards, AGENCY: Import Administration, NPA: The Lighthouse for the Blind in New Massachusetts. International Trade Administration, Department of Commerce. Orleans, New Orleans, Louisiana. Patrick Rowe, Contract Activity: GSA, Southwest Supply DATES: Effective Date: October 15, 2004. Center, Fort Worth, Texas. Deputy Executive Director. [FR Doc. 04–23176 Filed 10–14–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Product/NSN: Gloves, Chemical Protective Cindy Robinson at (202) 482–3797, or 8415–01–509–2898 BILLING CODE 6353–01–P 8415–01–509–2902 Amber Musser at (202) 482–1777 (PRC), 8415–01–509–2904 and David J. Goldberger at (202) 482– 8415–01–509–2905 BROADCASTING BOARD OF 4136, or Kate Johnson at (202) 482–4929 8415–01–509–2916 GOVERNORS (India), Import Administration, Product/NSN: Socks, Chemical Protective International Trade Administration, 8415–01–509–2875 Sunshine Act Meeting U.S. Department of Commerce, 14th 8415–01–509–2877 Street and Constitution Avenue, NW., 8415–01–509–2879 DATE AND TIME: October 19, 2004 2 p.m.– Washington, DC, 20230. 8415–01–509–2882 8415–01–509–2883 4:30 p.m. SUMMARY: The Department of Commerce NPA: Industrial Opportunities, Inc., Marble, PLACE: RFE/RL Broadcast Center, Room is extending the time limit for the North Carolina. 546, Prague, Czech Republic. preliminary results of the fifth Contract Activity: Defense Supply Center CLOSED MEETING: The members of the administrative review of the Philadelphia, Philadelphia, Broadcasting Board of Governors (BBG) antidumping duty order on certain Pennsylvania. will meet in closed session to review preserved mushrooms from the People’s Product/NSN: Lightsticks (Chemlights) and discuss a number of issues relating Republic of China and the fifth 6260–00–106–7478 (4’’–Green) to U.S. Government-funded non- administrative review of the 6260–01–230–8601 (6’’–Red—HI) military international broadcasting. antidumping duty order on certain 6260–01–074–4229 (6’’–Green) preserved mushrooms from India, 6260–01–074–4230 (6’’–Yellow—HI) They will address internal procedural, 6260–01–178–5559 (6’’–Red) budgetary, and personnel issues, as well which cover the period February 1, 2003 6260–01–178–5560 (6’’–Blue) as sensitive foreign policy issues through January 31, 2004. 6260–01–195–9753 (6’’–Orange) relating to potential options in the U.S. SUPPLEMENTARY INFORMATION: Pursuant 6260–01–196–0136 (6’’–Yellow) international broadcasting field. This to section 751(a)(3)(A) of the Tariff Act 6260–01–218–5146 (6’’–White) meeting is closed because if open it of 1930, as amended (the Act), the 6260–01–247–0362 (15’’–Green) likely would either disclose matters that Department shall make a preliminary 6260–01–247–0363 (6’’–Orange/Ultra HI) 6260–01–247–0367 (15’’–White) would be properly classified to be kept determination in an administrative 6260–01–247–0368 (6’’–White—HI) secret in the interest of foreign policy review of an antidumping duty order 6260–01–265–0612 (15’’–Red) under the appropriate executive order (5 within 245 days after the last day of the 6260–01–265–0613 (15’’–Yellow) U.S.C. 552b.(c)(1)) or would disclose anniversary month of the date of 6260–01–265–0614 (15’’–Blue) information the premature disclosure of publication of the order. The Act further
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provides, however, that the Department (4) Promote science and technology FOR FURTHER INFORMATION CONTACT: may extend that 245-day period to 365 suitable for 3Rs; and Caratina L. Alston, United States days if it determines it is not practicable (5) Cooperate with developing Secretary, NAFTA Secretariat, Suite to complete the review within the countries in such areas as capacity 2061, 14th and Constitution Avenue, foregoing time period. building, raising public awareness, Washington, DC 20230, (202) 482–5438. The Department finds that it is not human resource development and SUPPLEMENTARY INFORMATION: Chapter practicable to complete the preliminary implementation of recycling projects. 19 of the North American Free-Trade results in the administrative review of It was further agreed at Sea Island that Agreement (‘‘Agreement’’) establishes a certain preserved mushrooms from the Japan would host a Ministerial level mechanism to replace domestic judicial People’s Republic of China as well as conference on the Initiative. This has review of final determinations in the administrative review of certain been scheduled by the Government of antidumping and countervailing duty preserved mushrooms from India within Japan for April 28–30, 2005 in Tokyo. cases involving imports from a NAFTA this time limit. We find that additional The White House Council on country with review by independent time is needed in order to fully analyze Environmental Quality (CEQ) is leading binational panels. When a Request for the questionnaire responses submitted an interagency effort to determine what Panel Review is filed, a panel is by respondents and conduct possible the United States shall attempt to established to act in place of national verifications of these administrative accomplish through the 3Rs Initiative courts to review expeditiously the final reviews. and the policy approaches for the determination to determine whether it Therefore, in accordance with section Ministerial Conference. Joseph H. conforms with the antidumping or 751(a)(3)(A) of the Act, the Department Bogosian, the Deputy Assistant countervailing duty law of the country is extending the time for completion of Secretary for Manufacturing at the U.S. that made the determination. the preliminary results of these reviews Department of Commerce, hosted the Under Article 1904 of the Agreement, until February 28, 2005. 3Rs meeting on October 14th in order to which came into force on January 1, Dated: October 5, 2004. solicit input from all interested stakeholders including representatives 1994, the Government of the United Jeffrey May, of manufacturers, retailers, recyclers, States, the Government of Canada and Deputy Assistant Secretary for Import and environmental organizations. the Government of Mexico established Administration. Further written comments or input from Rules of Procedure for Article 1904 [FR Doc. E4–2661 Filed 10–14–04; 8:45 am] interested stakeholders may be Binational Panel Reviews (‘‘Rules’’). BILLING CODE 3510–DS–P submitted to [email protected] These Rules were published in the no later than October 29th, 2004. Please Federal Register on February 23, 1994 include your name, phone number, and (59 FR 8686). The panel review in this DEPARTMENT OF COMMERCE organization affiliation. matter was conducted in accordance with these Rules. International Trade Administration FOR FURTHER INFORMATION CONTACT: Sarah E. Aker, Office of the Deputy Background Information Office of Manufacturing; Roundtable Assistant Secretary for Manufacturing, on the 3Rs Initiative (Reduce Waste, On September 24, 2003, the Office of Department of Commerce, Room 2132, the United States Trade Representative Reuse and Recycle); Notice of Request 1401 Constitution Avenue NW., for Written Comments filed a Request for an Extraordinary Washington, DC 20230 (Phone: (202) Challenge Committee to review 482–4073). On October 14, 2004, the U.S. decisions as stated above with the Department of Commerce and the Office Dated: October 13, 2004. United States Section of the NAFTA of Manufacturing hosted an outreach Sarah E. Aker, Secretariat pursuant to Article 1904 of meeting to discuss the 3Rs Initiative Special Assistant. the North American Free Trade (Reduce waste, Reuse and Recycle) that [FR Doc. 04–23282 Filed 10–14–04; 8:45 am] Agreement. Committee review was was introduced by the Government of BILLING CODE 3510–DR–P requested of the full sunset review of Japan and supported by the U.S. at the the antidumping duty order made by the 2004 G8 summit in Sea Island, Georgia. International Trade Administration, The following objectives for the DEPARTMENT OF COMMERCE respecting Pure Magnesium From Initiative were established by the G–8 Canada. These determinations were nations: International Trade Administration published in the Federal Register. The NAFTA Secretariat assigned Secretariat (1) Reduce waste, reuse and recycle North American Free-Trade Agreement resources and products to the extent File Number ECC–2003–1904–01USA to (NAFTA), Article 1904 NAFTA Panel this request. feasible; Reviews; Decision of the Committee (2) Reduce barriers to the Committee Decision international flow of goods and AGENCY: NAFTA Secretariat, United materials for recycling and States Section, International Trade The Committee concluded that the remanufacturing, recycled and Administration, Department of panel manifestly exceeded its powers by remanufactured products, and cleaner, Commerce. failing to apply the correct standard of review; such action materially affected more efficient technologies, consistent ACTION: Notice of completion of the Panel’s decision, but; that the with existing environmental and trade extraordinary challenge. obligations and frameworks; Panel’s action did not threaten the (3) Encourage cooperation among SUMMARY: On October 7, 2004 the integrity of the binational panel review various stakeholders (central Extraordinary Challenge Committee process. governments, local governments, the (ECC) issued its decision in the matter Accordingly the challenge is private sector, NGOs and communities), of Pure Magnesium from Canada, dismissed and by virtue of section 3 of including voluntary and market-based Secretariat File No. ECC–2003–1904– NAFTA Annex 1904.13 the challenged activities; 01USA. panel decision stands affirmed.
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The Committee Members are hereby a Request for an Extraordinary will be conducted pursuant to sections discharged from their duties effective Challenge Committee to review 312 and 315 of the CZMA and October 15, 2004. decisions of March 27, 2002; October regulations at 15 CFR part 921, subpart Dated: October 12, 2004. 15, 2002; April 28, 2003 and June 24, E and part 923, subpart L. The CZMA requires continuing Caratina L. Alston, 2003, with the United States Section of the NAFTA Secretariat pursuant to review of the performance of states with United States Secretary, NAFTA Secretariat. Article 1904 of the North American Free respect to coastal program [FR Doc. E4–2658 Filed 10–14–04; 8:45 am] Trade Agreement. Panel review was implementation. Evaluation of Coastal BILLING CODE 3510–GT–P requested of the full sunset review of Zone Management Programs and the anti-dumping order made by the National Estuarine Research Reserves International Trade Administration, requires findings concerning the extent DEPARTMENT OF COMMERCE respecting Pure Alloy Magnesium from to which a state has met the national objectives, adhered to its Coastal International Trade Administration Canada. These determinations were published in the Federal Register. The Management Program document or North American Free-Trade Agreement NAFTA Secretariat assigned Secretariat Reserve final management plan (NAFTA), Article 1904 NAFTA Panel File Number ECC–2003–1904–01USA to approved by the Secretary of Commerce, Reviews; Decision of the Committee this request. and adhered to the terms of financial Committee Decision: The Committee assistance awards funded under the AGENCY: NAFTA Secretariat, United concluded that the panel manifestly CZMA. States Section, International Trade exceeded its powers by failing to apply The evaluations will include a site Administration, Department of the correct standard of review; such visit, consideration of public comments, Commerce. action materially affected the Panel’s and consultations with interested ACTION: Notice of decision of decision, but; that the Panel’s action did Federal, state and local agencies and Extraordinary Challenge Committee. not threaten the integrity of the members of the public. Public meetings binational panel review process. will be held as part of the site visits. SUMMARY: On October 7, 2004 the Accordingly the challenge is Notice is hereby given of the dates of Extraordinary Challenge Committee dismissed and by virtue of section 3 of the site visits for the listed evaluations, (ECC) issued its decision in the matter NAFTA Annex 1904.13 the challenged and the dates, local times, and locations of Pure Magnesium from Canada, panel decision stands affirmed. of the public meetings during the site Secretariat File No. ECC–2003–1904– visits. Dated: October 8, 2004. 01USA. The Mississippi Coastal Management Caratina L. Alston, Program evaluation site visit will be FOR FURTHER INFORMATION CONTACT: United States Secretary, NAFTA Secretariat. held December 6–10, 2004. One public Caratina L. Alston, United States [FR Doc. E4–2706 Filed 10–14–04; 8:45 am] meeting will be held during the week. Secretary, NAFTA Secretariat, Suite BILLING CODE 3510–GT–P The public meeting will be on Monday, 2061, 14th and Constitution Avenue, December 6, 2004, at 5 p.m., at the NW., Washington, DC 20230, (202) 482– Mississippi Department of Marine 5438. DEPARTMENT OF COMMERCE Resources Auditorium, 1141 Bay View SUPPLEMENTARY INFORMATION: Chapter Avenue, Biloxi, Mississippi. 19 of the North American Free-Trade National Oceanic and Atmospheric The Sapelo Island National Estuarine Agreement (‘‘Agreement’’) establishes a Administration Research Reserve, Georgia, evaluation mechanism to replace domestic judicial site visit will be held December 14–16, review of final determinations in Evaluation of State Coastal 2004. One public meeting will be held antidumping and countervailing duty Management Programs and National during the week. The public meeting cases involving imports from a NAFTA Estuarine Research Reserves will be held on Wednesday, December country with review by independent AGENCY: National Oceanic and 15, 2004, at 7 p.m., at the Sapelo Island binational panels. When a Request for Atmospheric Administration (NOAA), Visitor Center, Landing Road/Route 1, Panel Review is filed, a panel is Office of Ocean and Coastal Resource Meridian, Georgia. established to act in place of national Management, National Ocean Service, The North Carolina National courts to review expeditiously the final Commerce. Estuarine Research Reserve evaluation site visit will be held December 6–10, determination to determine whether it ACTION: Notice of intent to evaluate and conforms with the antidumping or notice of availability of final findings. 2004. Three public meetings will be countervailing duty law of the country held during the week. The first public that made the determination. SUMMARY: The NOAA Office of Ocean meeting will be held on Tuesday, Under Article 1904 of the Agreement, and Coastal Resource Management December 7, 2004, at 7 p.m. at the which came into force on January 1, (OCRM) announces its intent to evaluate Currituck County Library—Corolla 1994, the Government of the United the performance of the Mississippi Branch, 1123 Ocean Trail, Corolla, States, the Government of Canada and Coastal Management Program; the North Carolina. The second public the Government of Mexico established Sapelo Island National Estuarine meeting will be held on Wednesday, Rules of Procedure for Article 1904 Research Reserve, Georgia; and the December 8, 2004, at 7 p.m. at the C– Binational Panel Reviews (‘‘Rules’’). North Carolina National Estuarine MAST Building, third floor Library These Rules were published in the Research Reserve. Conference Room, 303 College Circle, Federal Register on February 23, 1994 The Coastal Zone Management Morehead City, North Carolina. The (59 FR 8686). The panel review in this Program evaluation will be conducted third public meeting will be held on matter was conducted in accordance pursuant to section 312 of the Coastal Thursday, December 9, 2004, at 7 p.m. with these Rules. Zone Management Act of 1972, as at the North Carolina Department of Background Information: On amended, (CZMA) and regulations at 15 Environment and Natural Resources September 24, 2003, the Office of the CFR part 923, subpart L. The National Regional Office, Room 200, 127 Cardinal United States Trade Representative filed Estuarine Research Reserve evaluations Drive Ext., Wilmington, North Carolina.
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Copies of states’ most recent Dated: September 27, 2004. Highway, #215, Honolulu, Hawaii performance reports, as well as OCRM’s Eldon Hout, 96825; faxed to (808) 397–2662; e- notifications and supplemental request Director, Office of Ocean and Coastal mailed to [email protected] or letters to the state, are available upon Resource Management. downloaded at http:// request from OCRM. Written comments [FR Doc. 04–23164 Filed 10–14–04; 8:45 am] www.hawaiireef.noaa.gov. from interested parties regarding these BILLING CODE 3510–08–P SUPPLEMENTARY INFORMATION: The Programs are encouraged and will be Northwestern Hawaiian Islands Coral accepted until 15 days after the last Reef Ecosystem Reserve (Reserve) was public meeting held for that Program. DEPARTMENT OF COMMERCE established by Executive Orders 13178 Please direct written comments to Ralph National Oceanic and Atmospheric and 13196. Pursuant to the EO, NOAA Cantral, Chief, National Policy and Administration prepared a draft Reserve Operations Evaluation Division, Office of Ocean Plan that was issued for public review and Coastal Resource Management, Notice of Availability of the Final in February 2002 (67 FR 11998), which NOS/NOAA, 1305 East-West Highway, Reserve Operations Plan for the provided a guide for management of the 10th Floor, Silver Spring, Maryland Northwestern Hawaiian Islands Coral Reserve during a process that will 20910. When the evaluations are Reef Ecosystem Reserve consider the marine environment of the completed, OCRM will place a notice in Northwestern Hawaiian Islands for the Federal Register announcing the AGENCY: National Marine Sanctuary designation as a National Marine availability of the Final Evaluation Program (NMSP), National Ocean Sanctuary. Significant public comment Findings. Service (NOS), National Oceanic and was received on the first draft, and the Atmospheric Administration (NOAA), NMSP considered the public comment Notice is hereby given of the Department of Commerce (DOC). and worked with the Reserve Advisory availability of the final evaluation ACTION: Notice. Council to produce a second draft findings for the Virginia and New York Reserve Operations Plan. A second Coastal Management Programs (CMPs); SUMMARY: The National Oceanic and public review period was conducted and the Old Woman Creek (Ohio) and Atmospheric Administration (NOAA) from March 19 through May 15, 2004 Jacques Cousteau (New Jersey) National announces the availability of the Final and over 29,000 comments were Estuarine Research Reserves (NERRs). Reserve Operations Plan for the received. Sections 312 and 315 of the Coastal Northwestern Hawaiian Islands Coral Zone Management Act of 1972 (CZMA), Reef Ecosystem Reserve (Reserve). The Comments and Responses as amended, require a continuing Reserve Operations Plan (ROP) is a From all of the public comments review of the performance of coastal requirement of Executive Order 13178, received, a number of comments were states with respect to approval of CMPs as finalized by Executive Order 13196 accepted by NOAA which corrected and the operation and management of (hereinafter Executive Order or EO). The technical inaccuracies and/or added NERRs. ROP was presented to the public on two additional clarifying information as separate occasions in 2002 and 2004, The states of Virginia and New York improvements to the ROP, and were and over 30,000 public comments were found to be implementing and incorporated into the final document, resulted from both open public either verbatim as suggested, or enforcing their federally approved comment periods. coastal management programs, addressed by explanation. An example The most recent public comment of a comment received and accepted addressing the national coastal period for the ROP opened on March 19, which addressed a technical inaccuracy management objectives identified in 2004 (69 FR 13022) and ended on May was ‘‘The correct Latin name for killer CZMA Section 303(2)(A)–(K), and 15, 2004. Approximately 29,400 public whale is ‘Orcinus’ and should replace adhering to the programmatic terms of comments were received during this ‘Orsinus’’. Significant comments to the their financial assistance awards. Old period, with about 27,000 arriving by e- ROP are generally described below, with Woman Creek (Ohio) and Jacques mail and the remainder by letter and NOAA’s responses. Cousteau (New Jersey) NERRs were fax. In addition, the Northwestern 1. Comment: NOAA should, through found to be adhering to programmatic Hawaiian Islands Coral Reef Ecosystem the Department of Commerce, carry out requirements of the NERR System. Reserve Advisory Council provided formal regulations for the Executive Copies of these final evaluation both general and specific comments on Orders that would be enforceable within findings may be obtained upon written the draft final ROP as did the Marine the Reserve. request from: Ralph Cantral, Chief, Mammal Commission, Western Pacific Response: The NMSP will not pursue National Policy and Evaluation Regional Fisheries Management Council the issuance of any additional Division, Office of Ocean and Coastal and a group of 13 local and national regulations for the Reserve. The NMSP’s Resource Management, NOS/NOAA, conservation organizations, claiming to priority is to finalize the ROP and focus 1305 East-West Highway, 10th Floor, represent over 3.4 million members. A on the sanctuary designation process, Silver Spring, Maryland 20910, or similar letter was also received from a which will include the development of group of 10 conservation organizations [email protected], (301) 713– regulations for the preferred alternative, (many of the same as above), 3155, extension 118. rather than undertake a resource- collectively representing more than 2.7 intensive, concurrent process to issue FOR FURTHER INFORMATION CONTACT: million members. regulations for the Reserve. Ralph Cantral, Chief, National Policy FOR FURTHER INFORMATION CONTACT: 2. Comment: The ROP should include and Evaluation Division, Office of Robert P. Smith, (808) 933–8181, a penalty schedule for violation of all Ocean and Coastal Resource [email protected]. Reserve prohibitions. Management, NOS/NOAA, 1305 East- To Obtain a Hard Copy of the Final Response: Executive Orders 13178 West Highway, 10th Floor, Silver Reserve Operations Plan: Requests can and 13196, which established the Spring, Maryland 20910, (301) 713– be mailed to NWHI Coral Reef Reserve, provide specific conservation 3155, extension 118. Ecosystem Reserve, 6700 Kalanianaole measures that apply to the Reserve.
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Most of these measures are self- management program that incorporates species, bottomfish, and precious coral) executing and need no additional action provisions of the Executive Orders in an undertaken or proposed in recent years on the part of the NMSP. Remedies approved sanctuary decision. in the NWHI. This lack of information applicable to violations will depend on Response: A statement regarding the on current NWHI stocks, allowable the circumstances of the particular case. ROP as a ‘‘No Action’’ alternative has fishing levels, and efforts to manage Further, the National Marine been added to the ROP. However, the these fisheries stands in sharp contrast Sanctuaries Amendments Act of 2000 NMSP does not agree with the portion to the more detailed discussions of other does not contain a provision for of the comment which suggests that the resources such as cultural and historic assessing penalties. As such, the ROP and provisions of the EO be resources. Its brevity is inappropriate National Marine Sanctuary Program has approved as part of a sanctuary given the major focus on fishery determined it is not necessary to list a decision, as this is speculative and management needs and measures in the schedule of penalties for the Reserve. premature relative to the process Executive Orders. The discussion 3. Comment: The ROP fails to provide mandated by the National Marine should be expanded and included in a specific plans and actions on how to Sanctuaries Act and the National separate action plan on fisheries. recover endangered and threatened Environmental Policy Act. Response: The NMSP believes the species within the Reserve. 6. Comment: Clearly some of the ROP contains adequate descriptions of Response: Actions needed for the responsibilities related to enforcement fisheries for the purposes of recovery of species listed as endangered in the NWHI reside with other parts of implementing the Executive Order. or threatened under the Endangered NOAA or with other federal agencies. Sanctuary designation requires an Species Act of 1973, as amended, are Including such high costs for Environmental Impact Statement (EIS). addressed in formal Recovery Plans. enforcement in the draft ROP greatly The EIS will contain detailed Recovery Plans for most terrestrial inflates the estimate of total funding background information on the relevant species are written and carried out required for maintaining and operating fisheries, will include a thorough under the authority of the U.S. the Reserve. analysis of issues associated with Department of the Interior, Fish and Response: An enforcement workshop fishing activities, and will also assess Wildlife Service. Similarly, Recovery effort took place in May and June of management implications to fishing Plans for most species of marine 2004 to gather knowledge and exchange activities. mammals are prepared and ideas among multiple federal and state 9. Comment: The ROP should implemented under the authority of the agencies with the intent to develop a implement a mandatory domestic Vessel U.S. Department of Commerce, National unified approach to surveillance and Monitoring System (VMS). Marine Fisheries Service. In some monitoring in the NWHI. The cost of Response: The Executive Order does instances where species rely on both the surveillance and monitoring of the not state that a vessel monitoring system land and the ocean for essential life Reserve or who will bear the costs have be mandatory; rather it directs the ROP stages (such as with sea turtles and yet to be determined. The enforcement to consider the use of VMS, if warranted monk seals in the NWHI), the Recovery costs in the draft ROP are the best (see Sec 5(b)(10) of EO 13178). Plans are jointly written by the agencies, projections at this point in time. Reserve Operations Plan and recovery actions are shared. Copies 7. Comment: NOAA’s marine debris of Recovery Plans pertaining to cleanup efforts should focus on areas The EO directs that the ROP shall be threatened and endangered species that pose a high risk of monk seal directed at priority issues and actions. within the Northwestern Hawaiian entanglement (i.e., adjacent to places The EO also directs that the ROP should Islands may be obtained by contacting where monk seal pups are born and address such issues as coordinated the offices of the agencies mentioned where young seals may learn to swim management among the agencies with above. The Northwestern Hawaiian and feed). Given the magnitude of the relevant jurisdiction in the Islands Coral Reef Ecosystem Reserve, debris problem and the length of time Northwestern Hawaiian Islands, clean through cooperative interagency efforts that will likely be required to up and prevention of marine debris, described in the Reserve Operations adequately cleanup the entire region, restoration of degraded or injured Plan, will coordinate and assist either the Marine Mammal Commission resources, research and education, responsible agency in the Northwestern continues to believe that it is necessary enforcement and surveillance, Hawaiian Islands. to prioritize areas for clean up. identification and coordination with 4. Comment: The Reserve should Therefore, the ROP should indicate the Native Hawaiian interests on cultural implement mandatory access permits highest priority need is to remove debris uses and locations, and designation of and a mandatory access notification from areas of particular importance to the Reserve as a National Marine system. monk seals. Sanctuary. Response: The Reserve manager Response: The Desired Outcome of The NMSP prepared the revised draft currently reviews requests for permits the Marine Debris Action Plan of the Reserve Operations Plan, following pertaining to activities proposed in the ROP was expanded to read ‘‘To reduce templates used for the management Reserve that are otherwise prohibited by threats by marine debris to natural plans of the National Marine Sanctuary the Executive Order. However, a resources in the Reserve and Program. The document is composed of mandatory access notification system is neighboring waters with an emphasis on a set of function- and issue-oriented not mandated by the EO and thus is not preventing endangered species action plans (as topically identified in a requirement for the ROP. entanglement.’’ The following statement the Executive Order), with supporting 5. Comment: The ROP should was also added ‘‘Areas identified as documentation. Each action plan constitute the ‘‘No Action’’ alternative most important for marine debris focuses on strategies, and outlines what, for any sanctuary designation proposal. removal should be consistent with who, why, when, and how different The Executive Summary should be endangered species recovery efforts, activities will be conducted. Following expanded to note that the ROP such as monk seal recovery.’’ is a list of the action plans contained in establishes a Reserve management 8. Comment: The ROP does not the final Reserve Operations Plan: framework that will remain in place contain enough background information • Operations: includes interagency until modified or replaced by a on the four fisheries (lobster, pelagic coordination, activity and area
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identification, Reserve/Sanctuary on the First Annual Integrated Ocean ACTION: Issuing a directive to the Advisory Council operations, Observing System (IOOS) Development Commissioner, Bureau of Customs and development of fishing caps and Plan, available on October 15, 2004 at Border Protection adjusting limits. permitting procedures, and www.ocean.us. Comments are due not infrastructure development; later than close of business on Monday, EFFECTIVE DATE: October 15, 2004. • Education: encompasses all November 1, 2004 and should be FOR FURTHER INFORMATION CONTACT: Ross education, outreach, and interpretive submitted via e-mail to Arnold, International Trade Specialist, projects; [email protected] or in writing to Ms. Office of Textiles and Apparel, U.S. • Native Hawaiian Cultural Kristine Stump; Ocean.US; 2300 Department of Commerce, (202) 482– Resources: consists of all projects Clarendon Boulevard, Suite 1350; 4212. For information on the quota related to Native Hawaiian culture, uses, Arlington, VA 22201. status of these limits, refer to the Quota and locations; Status Reports posted on the bulletin • FOR FURTHER INFORMATION CONTACT: For Maritime Heritage: contains projects boards of each Customs port, call (202) further information regarding this related to maritime historic resources; 927–5850, or refer to the Bureau of • Notice, please contact Ms. Kristine Research and Monitoring: contains Customs and Border Protection website Stump, Ocean.US Telephone: (703) all projects related to research and at http://www.cbp.gov. For information 588–0855. E-mail: [email protected]. monitoring; on embargoes and quota re-openings, • Mapping: covers all projects related SUPPLEMENTARY INFORMATION: Ocean.US refer to the Office of Textiles and to developing nautical charts and maps Apparel website at http:// of the NWHI; is the national office for the integrated • Response, Damage Assessment, and and sustained ocean observing system. otexa.ita.doc.gov. Restoration: contains projects related to Ocean.US has conducted several SUPPLEMENTARY INFORMATION: workshops and has completed a draft of contingency planning, response, and Authority: Section 204 of the Agricultural restoration; the preliminary First Annual IOOS Development Plan, which, along with Act of 1956, as amended (7 U.S.C. 1854); • Marine Debris: consists of projects Executive Order 11651 of March 3, 1972, as related to the removal of marine debris reports of the workshops, can be amended. from the NWHI; reviewed at www.ocean.us. IOOS will The current limit for Categories 340/ • Enforcement: includes air and sea be a sustained network of sensors on 640 is being increased for swing, support for existing enforcement buoys, ships, satellites, underwater reducing the limit for Category 341 to operations and expansion of a vessel vehicles, and other platforms that account for the swing being applied to monitoring system; and routinely supply the data and Categories 340/640. • Designation: comprised of all information needed for rapid detection A description of the textile and projects related to the Sanctuary and timely predictions of changes in our apparel categories in terms of HTS designation process. nation’s coastal waters and on the high numbers is available in the The ROP provides a guide for seas. An initial IOOS consisting of CORRELATION: Textile and Apparel management of the Reserve during the existing systems has been identified, Categories with the Harmonized Tariff time necessary to consider the and needs for enhancements have been Schedule of the United States (see Northwestern Hawaiian Islands for submitted by stakeholders. The First Federal Register notice 69 FR 4926, designation as a National Marine Annual IOOS Implementation published on February 2, 2004). Also Sanctuary. The designation process is Conference, convened August 31– see 68 FR 59915, published on October currently underway (January 19, 2001, September 2, 2004, allowed 20, 2003. 66 FR 5509). stakeholders to review and prioritize D. Michael Hutchinson, Authority: Pub. L. 106–513; Executive IOOS enhancements. Results of the Order 13178; and Executive Order 13196. conference may be obtained by Acting Chairman, Committee for the Implementation of Textile Agreements. Dated: October 7, 2004. contacting Ms. Kristine Stump ([email protected]). Richard W. Spinrad, Committee for the Implementation of Textile Agreements Assistant Administrator, Ocean Services and Dated: October 8, 2004. Coastal Zone Management, National Oceanic Richard W. Spinrad, October 8, 2004. and Atmospheric Administration. Assistant Administrator for Ocean Services Commissioner, [FR Doc. 04–23165 Filed 10–14–04; 8:45 am] and Coastal Zone Management, National Bureau of Customs and Border Protection, BILLING CODE 3510–NK–P Oceanic and Atmospheric Administration. Washington, DC 20229. [FR Doc. 04–23163 Filed 10–14–04; 8:45 am] Dear Commissioner: This directive amends, but does not cancel, the directive BILLING CODE 3510–JE–M DEPARTMENT OF COMMERCE issued to you on October 14, 2003, by the Chairman, Committee for the Implementation National Oceanic and Atmospheric of Textile Agreements. That directive Administration concerns imports of certain cotton and man- COMMITTEE FOR THE made fiber textile products, produced or IMPLEMENTATION OF TEXTILE Public Comment for Enhancement of manufactured in Bangladesh and exported AGREEMENTS during the twelve-month period which began the Initial Integrated Ocean Observing on January 1, 2004 and extends through System (IOOS) Adjustment of Import Limits for Certain December 31, 2004. Effective on October 15, 2004, you are AGENCY: National Oceanic and Cotton and Man-Made Fiber Textile directed to adjust the limits for the following Atmospheric Administration (NOAA), Products Produced or Manufactured in Bangladesh categories, as provided for under the Uruguay DOC. Round Agreement on Textiles and Clothing: ACTION: Notice of opportunity for October 8, 2004. written public comment. Category Adjusted twelve-month AGENCY: Committee for the limit 1 SUMMARY: This notice announces the Implementation of Textile Agreements opportunity for the public to comment (CITA). 340/640 ...... 6,460,573 dozen.
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SUPPLEMENTARY INFORMATION: Category Adjusted twelve-month Category Adjusted twelve-month limit 1 limit 1 Authority: Section 204 of the Agricultural 341 ...... 4,662,027 dozen. Act of 1956, as amended (7 U.S.C. 1854); 442 ...... 17,167 dozen. Executive Order 11651 of March 3, 1972, as 1 The limits have not been adjusted to ac- amended. 1 The limits have not been adjusted to ac- count for any imports exported after December count for any imports exported after December 31, 2003. The current limit for Category 435 is 31, 2003. being increased for swing, reducing the The Committee for the Implementation of The Committee for the Implementation of Textile Agreements has determined that limit for Category 442 to account for the Textile Agreements has determined that these actions fall within the foreign affairs swing being applied to Category 435. these actions fall within the foreign affairs exception of the rulemaking provisions of 5 A description of the textile and exception of the rulemaking provisions of 5 U.S.C. 553(a)(1). apparel categories in terms of HTS U.S.C. 553(a)(1). Sincerely, numbers is available in the Sincerely, D. Michael Hutchinson, CORRELATION: Textile and Apparel D. Michael Hutchinson, Acting Chairman, Committee for the Acting Chairman, Committee for the Implementation of Textile Agreements. Categories with the Harmonized Tariff Implementation of Textile Agreements. Schedule of the United States (see [FR Doc. E4–2659 Filed 10–14–04; 8:45 am] [FR Doc. E4–2660 Filed 10–14–04; 8:45 am] Federal Register notice 69 FR 4926, BILLING CODE 3510–DR–S published on February 2, 2004). Also BILLING CODE 3510–DR–S see 68 FR 59921, published on October 20, 2003. COMMITTEE FOR THE DEPARTMENT OF DEFENSE IMPLEMENTATION OF TEXTILE D. Michael Hutchinson, AGREEMENTS Acting Chairman, Committee for the Office of the Secretary Implementation of Textile Agreements. Adjustment of Import Limits for Certain [Transmittal No. 05–11] Wool Textile Products Produced or Committee for the Implementation of Textile Manufactured in Malaysia Agreements 36(b)(1) Arms Sales Notification October 8, 2004. October 8, 2004. AGENCY: Department of Defense, Defense Commissioner, Security Cooperation Agency. AGENCY: Committee for the Bureau of Customs and Border Protection, ACTION: Notice. Implementation of Textile Agreements Washington, DC 20229. (CITA). Dear Commissioner: This directive SUMMARY: The Department of Defense is ACTION: Issuing a directive to the amends, but does not cancel, the directive publishing the unclassified text of a Commissioner, Bureau of Customs and issued to you on October 14, 2003, by the section 36(b)(1) arms sales notification. Border Protection adjusting limits. Chairman, Committee for the Implementation This is published to fulfill the of Textile Agreements. That directive requirements of section 155 of Public EFFECTIVE DATE: October 15, 2004. concerns imports of certain cotton, wool and Law 104–164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ross man-made fiber textiles and textile products FOR FURTHER INFORMATION CONTACT: Ms. Arnold, International Trade Specialist, and silk blend and other vegetable fiber J. Hurd, DSCA/OPS–ADMIN, (703) 604– Office of Textiles and Apparel, U.S. apparel, produced or manufactured in 6575 Department of Commerce, (202) 482– Malaysia and exported during the twelve- The following is a copy of a letter to 4212. For information on the quota month period which began on January 1, the Speaker of the House of status of these limits, refer to the Quota 2004 and extends through December 31, Representatives, Transmittal 05–11 with Status Reports posted on the bulletin 2004. attached transmittal, policy justification, boards of each Customs port, call (202) Effective on October 15, 2004, you are Sensitivity of Technology, and Section 344–2650, or refer to the Bureau of directed to adjust the limits for the following categories, as provided for under the Uruguay 620C(d). Customs and Border Protection Web site Round Agreement on Textiles and Clothing: at http://www.cbp.gov. For information Dated: October 8, 2004. on embargoes and quota re-openings, L.M. Bynum, Category Adjusted twelve-month refer to the Office of Textiles and limit 1 Alternate OSD Federal Register Liaison Apparel Web site at http:// Officer, Department of Defense. otexa.ita.doc.gov. 435 ...... 20,093 dozen. BILLING CODE 5001–06–M
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[FR Doc. 04–23118 Filed 10–14–04; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittal 05–12 with publishing the unclassified text of a attached transmittal, policy justification, DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. Sensitivity of Technology, and Section Office of the Secretary This is published to fulfill the 620C(d). requirements of section 155 of Public Dated: October 8, 2004. [Transmittal No. 05–12] Law 104–164 dated 21 July 1996. L.M. Bynum, 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. Alternate OSD Federal Register Liaison J. Hurd, DSCA/OPS–ADMIN, (703) 604– Officer, Department of Defense. AGENCY: Department of Defense, Defense 6575. Security Cooperation Agency. BILLING CODE 5001–06–M
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[FR Doc. 04–23119 Filed 10–14–04; 8:45 am] distinguished group representing FOR FURTHER INFORMATION CONTACT: BILLING CODE 5001–06–C scientific, academic engineering and Laura Wurzer, telephone: 301–693– intelligence communities advises the 0934. Chief of Naval Operations on questions Dated: October 8, 2004. DEPARTMENT OF DEFENSE related to SSBN Security. Their mission L.M. Bynum, is to make in-depth technical Office of the Secretary OSD Federal Register Liaison Officer, assessments of U.S. and foreign threat Department of Defense. Renewal of the Planning and Steering ASW developments and related [FR Doc. 04–23114 Filed 10–14–04; 8:45 am] Advisory Committee (Navy) technologies, to critically review BILLING CODE 5001–06–M programs which potentially impact ACTION: Notice. SSBN survivability, and to evaluate intelligence efforts to identify and DEPARTMENT OF DEFENSE SUMMARY: The Planning and Steering define ASW and SSBN survivability Advisory Committee (PSAC) has been Office of the Secretary renewed in consonance with the public threats. interest, and in accordance with the The Committee will continue to be National Security Education Board provisions of Public Law 92–463, the composed of selected Group members to Meeting ‘‘Federal Advisory Committee Act.’’ conduct detailed examinations of The PSAC provides an avenue of matters related to SSBN security. AGENCY: National Defense University, communications by which a DOD.
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ACTION: Notice of meeting. sight, and cooperative/non-cooperative. analyzing and adapting during the Potential mechanisms include preparation and stabilization phase? SUMMARY: Pursuant to Public Law 92– predictive behavior modeling based on The mission of the Defense Science 463, notice is hereby given of a threat characteristics (attack modality, Board is to advise the Secretary of forthcoming meeting of the National ideological makeup, social, ethnic, Defense and the Under Secretary of Security Education Board. The purpose religious and political tendencies, etc.), Defense for Acquisition, Technology & of the meeting is to review and make identification technologies such as Logistics on scientific and technical recommendations to the Secretary biometrics (iris scans, facial features, matters as they affect the perceived concerning requirements established by voice prints, etc.), DNA matching, and needs of the Department of Defense. the David L. Boren National Security advanced non-identification In accordance with Section 10(d) of Education Act, Title VIII of Public Law technologies such as EO, RF, the Federal Advisory Committee Act, 102–183, as amended. hyperspectral, and fluid surface P.L. 92–463, as amended (5 U.S.C. App. DATES: October 29, 2004. assembly (FSA) sensors. 2), it has been determined that these ADDRESSES: The Crystal City Marriott In accordance with Section 10(d) of Defense Science Board Task Force Hotel, 1999 Jefferson Davis Highway, the Federal Advisory Committee Act, meetings concern matters listed in 5 Arlington, Virginia 22202. P.L. No. 92–463, as amended (5 U.S.C. U.S.C. 552b(c)(1) and that, accordingly, FOR FURTHER INFORMATION CONTACT: Dr. App. 2), it has been determined that these meetings will be closed to the Edmond J. Collier, Deputy Director for these Defense Science Board Task Force public. meetings concern matters listed in 5 Programs, National Security Education Dated: October 7, 2004. U.S.C. 552b(c)(1) and that, accordingly, Program, 1101 Wilson Boulevard, Suite L.M. Bynum, 1210, Rosslyn P.O. Box 20010, the meetings will be closed to the public. Alternate OSD Federal Register Liaison Arlington, Virginia 22209–2248; (703) Officer, Department of Defense. 696–1991. Electronic mail address: Dated: October 8, 2004. [FR Doc. 04–23116 Filed 10–14–04; 8:45 am] [email protected] L.M. Bynum, BILLING CODE 5001–06–M SUPPLEMENTARY INFORMATION: The Board Alternate OSD Federal Register Liaison meeting is open to the public. Officer, Department of Defense. [FR Doc. 04–23113 Filed 10–14–04; 8:45 am] DEPARTMENT OF DEFENSE Dated: October 8, 2004. BILLING CODE 5001–06–M L.M. Bynum, Office of the Secretary Alternate OSD Federal Register Liaison Officer, Department of Defense. DEPARTMENT OF DEFENSE Threat Reduction Advisory Committee [FR Doc. 04–23115 Filed 10–14–04; 8:45 am] Office of the Secretary AGENCY: Department of Defense, Office BILLING CODE 5001–06–M of the Under Secretary of Defense Defense Science Board (Acquisition, Technology and Logistics). ACTION: Notice of Advisory Committee DEPARTMENT OF DEFENSE AGENCY: Department of Defense. Meeting. Office of the Secretary ACTION: Notice of Advisory Committee Meeting. SUMMARY: The Threat Reduction Defense Science Board Advisory Committee will meet in closed SUMMARY: The Defense Science Board session on Thursday, December 2, 2004, AGENCY: Task Force on Red Lessons Learned will Department of Defense. at the Institute for Defense Analyses meet in closed session on October 22, ACTION: Notice of Advisory Committee (IDA), and on Friday, December 3, 2004, 2004, at SAIC, 4001 N. Fairfax Drive, Meeting. in the Pentagon, Washington, DC. Arlington, VA. This Task Force will The mission of the Committee is to SUMMARY: The Defense Science Board assess what useful information can our advise the Under Secretary of Defense Task Force on Identification adversaries learn from U.S. military (Acquisition, Technology and Logistics) Technologies will meet in closed engagement and, particularly, what on combating weapons of mass session on November 4–5, 2004, at might they have learned from Operation destruction, chemical and biological Strategic Analysis Inc., 3601 Wilson Iraqi Freedom and Operation Enduring defense, transformation of the nuclear Boulevard, Arlington, VA. The Task Freedom; identify the channels through deterrence, and other matters related to Force will assess current technologies which adversaries learn about U.S. the Defense Threat Reduction Agency’s and operational concepts to identify and capabilities; is there any evidence an mission. track individuals and materiel. adversary is adjusting to U.S. The mission of the Defense Science capabilities and what might the U.S. do In accordance with Section 10(d) of Board is to advise the Secretary of to counter this; what are the indicators the Federal Advisory Committee Act, Defense and the Under Secretary of or observables that the Intelligence Public Law 92–463, as amended (5 Defense for Acquisition, Technology & Community can focus on to determine U.S.C. Appendix II), it has been Logistics on scientific and technical if an adversary is engaging in this type determined that this Committee meeting matters as they affect the perceived of practice and do the indicators change concerns matters listed in 5 U.S.C. needs of the Department of Defense. In in peacetime or wartime; do different 552b(c)(1), and that accordingly the this assessment, the task force’s technology insertion models exist; is meeting will be closed to the public. investigation will encompass defense, there any evidence potential adversaries DATES: Thursday, December 2, 2004, (8 intelligence, and commercial systems, are targeting the seams in the U.S. a.m. to 4 p.m.) and Friday, December 3, including compartmented technology in command and control alignment and 2004, (8 a.m. to 9:20 a.m.) development and promising planning process; and the preceding ADDRESSES: Institute for Defense technologies in the lab that are not yet areas of concern focus primarily on the Analyses, Board Room, 4850 Mark deployed. Technologies will include military operations phases, are the Center Drive, Alexandria, Virginia and passive/active, line of sight/non-line of potential adversaries observing, the USD(AT&L) Conference Room
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(3D1019), the Pentagon, Washington, February 8, 1996 (February 20, 2996, 61 repository for military and civilian DC. FR 6427). remittance information, which will be used to verify the validity of payee and FOR FURTHER INFORMATION CONTACT: Dated: October 7, 2004. Lieutenant Colonel Don Culp, USAF, L.M. Bynum, financial institution accounts prior to issuing an electronic payment. Defense Threat Reduction Agency/AST, Alternate OSD Federal Register Liaison 8725 John J. Kingman Road MS 6201, Officer, Department of Defense. ROUTINE USES OF RECORDS MAINTAINED IN THE Fort Belvoir, VA 22060–6201, Phone: SYSTEM, INCLUDING CATEGORIES OF USERS AND T7320 (703) 767–5717. THE PURPOSES OF SUCH USES: Dated: October 7, 2004. SYSTEM NAME: In addition to those disclosures L.M. Bynum, Electronic Funds Transfer (EFT) generally permitted under 5 U.S.C. Alternate OSD Federal Register Liaison Records. 552a(b) of the Privacy Act, as amended, Officer, Department of Defense. these records or information contained SYSTEM LOCATIONS: [FR Doc. 04–23117 Filed 10–14–04; 8:45 am] therein may specifically be disclosed Defense Finance and Accounting outside the Department of Defense as a BILLING CODE 5001–08–M Service, Columbus, P.O. Box 182317 routine use pursuant to 5 U.S.C. Columbus, OH 43218–2317 552a(b)(3) as follows: DEPARTMENT OF DEFENSE Defense Finance and Accounting To the U.S. Treasury Department to Service, Cleveland, 1240 E. 9th Street, provide information on check issues Defense Finance and Accounting Cleveland, OH 44199–8002 and electronic funds transfers. Service Defense Finance and Accounting To the Internal Revenue Service to Service, Denver, 6760 E. Irvington Place, report taxable earnings and taxes Privacy Act of 1974; Systems of Denver, CO 80279–8000 withheld, accounting, and tax audits, Records Defense Finance and Accounting and to compute or resolve tax liability Service, Indianapolis, 8899 E. 56th St., or tax levies. AGENCY: Defense Finance and Indianapolis, IN 46249–0100 To the Social Security Administration Accounting Service. Defense Finance and Accounting to report earned wages by members for ACTION: Notice to add a new system of Service, Kansas City, 1500 E. Bannister the Federal Insurance Contribution Act, records. Road, Kansas City, MO 64197–0001 accounting or tax audits, and death notices. SUMMARY: The Defense Finance and CATEGORIES OF INDIVIDUALS COVERED BY THE To the Department of Veterans Affairs Accounting Service (DFAS) is proposing SYSTEM: to report compensation, waivers, and to add a system of records notice to its Department of Defense (DoD) civilian audits, life insurance accounting, inventory of record systems subject to personnel, and other U.S. government disbursement and benefit the Privacy Act of 1974, (5 U.S.C. 552a), employees paid by DFAS; active determinations, and death notices. as amended. military, former, and retired military To the American Red Cross and members; Reserve and National Guard DATES: This Action will be effective military relief societies to assist military personnel; academy nominees, without further notice on November 15, personnel, and their dependents in applicants, and cadets; dependents of 2004 unless comments are received that determining the status of monthly pay, military personnel; and foreign would result in a contrary dependents’ allotments, loans, and nationals residing in the United States, determination. related financial transactions, and to and all in receipt of payments from ADDRESSES perform other relief-related duties as : Send comments to the DFAS. FOIA/PA Program Manager, Office of requested by the service member. Corporate Communications, Defense CATEGORIES OF RECORDS IN THE SYSTEM: To Federal Reserve banks to distribute Finance and Accounting Service, 6760 Individual’s Name, Social Security payments made through the direct E. Irvington Place, Denver, CO 80279– Number, home address, financial deposit system to financial 8000. institution account number, account organizations or their processing agents authorized by individuals to receive and FOR FURTHER INFORMATION CONTACT: Ms. type, financial institution name, deposit payments in their accounts. Linda Krabbenhoft at (303) 676–7514. American Banking Association routing and transmittal number, lock box The DoD ‘Blanket Routine Uses’ SUPPLEMENTARY INFORMATION: The number, electronic funds transfer published at the beginning of the Defense Finance and Accounting payment method, and electronic funds Defense Finance and Accounting Service notices for systems of records transfer waiver. Service compilation of systems of subject to the Privacy Act of 1974 (5 records notices also apply to this U.S.C. 552a), as amended, have been AUTHORITY FOR MAINTENANCE OF THE SYSTEM: system. published in the Federal Register and 5 U.S.C. 301, Departmental are available from the address above. Regulations; Pub. L. 104–134, Debt DISCLOSURE TO CONSUMER REPORTING AGENCIES: The proposed system report, as Collection Improvement Act of 1996; required by 5 U.S.C. 552a(r) of the DoD Financial Management Regulation Disclosures pursuant to 5 U.S.C. Privacy Act of 1974, as amended, was 7000.14–R, Volumes 7B, 7C, 8, Military 552a(b)(12) may be made from this submitted on October 4, 2004, to the Pay Policy and Procedures—Retired system to ‘consumer reporting agencies’ House Committee on Government Pay, Military Pay Policy and as defined in the Fair Credit Reporting Reform, the Senate Committee on Procedures—Active Duty and Reserve Act, (15 U.S.C. 1681a(f)) or the Federal Governmental Affairs, and the Office of Pay, Civilian Pay Policy and Procedures; Claims Collection Act of 1966, (31 Management and Budget (OMB) and E.O. 9397 (SSN). U.S.C. 3701(a)(3)). The purpose of this pursuant to paragraph 4c of Appendix I disclosure is to aid in the collection of to OMB Circular No. A–130, ‘Federal PURPOSE(S): outstanding debts owed to the Federal Agency Responsibilities for Maintaining The Electronic Funds Transfer government; typically to provide an Records About Individuals,’ dated Records will provide DoD with a central incentive for debtors to repay
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delinquent Federal government debts by organization where currently assigned, FOR FURTHER INFORMATION CONTACT: Ms. making these debts part of their credit if applicable, and current address, and Juanita Irvin at (703) 601–4722, records. telephone number. extension 110. The disclosure is limited to SUPPLEMENTARY INFORMATION: The Office RECORD ACCESS PROCEDURES: information necessary to establish the of the Joint Staff notices for systems of identity of the individual, including Individuals seeking access to records subject to the Privacy Act of name, address, and taxpayer information about themselves contained 1974 (5 U.S.C. 552a), as amended, have identification number (Social Security in this system of records should address been published in the Federal Register Number for individuals); the amount, written inquiries to the Defense Finance and are available from the address status, and history of the claim; and the and Accounting Service, Office of above. agency or program under which the Corporate Communications, Freedom of The proposed system report, as claim arose for the sole purpose of Information Act/Privacy Act Program required by 5 U.S.C. 552a(r) of the allowing the consumer reporting agency Manager, 6760 E. Irvington Place, Privacy Act of 1974, as amended, was to prepare a commercial credit report. Denver, CO 80279–8000. submitted on October 4, 2004, to the Policies and practices for storing, Individual should provide their full House Committee on Government retrieving, accessing, retaining, and name, Social Security Number, office or Reform, the Senate Committee on disposing of records in the system: organization where currently assigned, Governmental Affairs, and the Office of STORAGE: if applicable, and current address, and Management and Budget (OMB) telephone number. The records are maintained in pursuant to paragraph 4c of appendix I computers and computer output CONTESTING RECORD PROCEDURES: to OMB Circular No. A–130, ‘Federal Agency Responsibilities for Maintaining products; electronic storage media, and The DFAS rules for accessing records, hard copy documents. Records About Individuals,’ dated for contesting contents and appealing February 8, 1996 (February 20, 1996, 61 RETRIEVABILITY: initial agency determinations are FR 6427). Retrieved by entering the last four published in DFAS Regulation 5400.11– Dated: October 7, 2004. digits of the Social Security Number, R; 32 CFR part 324; or may be obtained and a portion of the person’s last name. from the Defense Finance and L.M. Bynum, Accounting Service, Office of Corporate Alternate OSD Federal Register Liaison SAFEGUARDS: Communications, Freedom of Officer, Department of Defense. Records are stored in office buildings Information Act/Privacy Act Program JS009ATHD protected by guards, controlled Manager, 6760 E. Irvington Place, screening, visitor registers are used, Denver, CO 80279–8000. SYSTEM NAME: electronic access, and/or locks. Access Anti-Terrorism Awareness Training. to records is limited to individuals who RECORD SOURCE CATEGORIES: are properly screened and cleared on a Information is obtained from the SYSTEM LOCATION: need-to-know basis in the performance Active Duty, Reserve, Guard, separated Defense Technical Information of their official duties. Passwords and or retired military members, cadets, Center, 8725 John J. Kingman Road, Fort digital signatures are used to control dependents, annuitants, and civilian Belvoir, VA 22060–6218. access to the systems data, and employees. procedures are in place to deter and CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: detect browsing and unauthorized EXEMPTIONS CLAIMED FOR THE SYSTEM: access. Physical and electronic access None. Service members (to include the are limited to persons responsible for [FR Doc. 04–23120 Filed 10–14–04; 8:45 am] Reserve and National Guard), DoD civilian employees, DoD contractors, servicing and authorized to use the BILLING CODE 5001–06–M record system. and DoD employee dependant family members. RETENTION AND DISPOSAL: DEPARTMENT OF DEFENSE Records in this system are maintained CATEGORIES OF RECORDS IN THE SYSTEM: for 6 years and 3 months after date of Office of the Joint Staff; Privacy Act of The information collected from the cutoff. 1974; System of Records individual includes their first name, last name, last 4 digits of their Social SYSTEM MANAGER(S) AND ADDRESS: AGENCY: Office of the Joint Staff, DoD. Security Number, rank, user category, Director, Strategic Business Office, ACTION: Notice to add a system of combatant command region, and date Defense Finance and Accounting records. training completed. Service, Columbus, P.O. Box 182317 AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Columbus, OH 43218–2317. SUMMARY: The Office of the Joint Staff, 10 U.S.C., Chapter 5, sections 151– NOTIFICATION PROCEDURE: DoD proposes to add a system of records to its inventory of record systems 155; DoD Instruction 2000.16, DoD Individuals seeking to determine subject to the Privacy Act of 1974 (5 Antiterrorism Standards; and E.O. 9397 whether information about themselves U.S.C. 552a), as amended. (SSN). is contained in this system of records should address written inquiries to the DATES: The changes will be effective on PURPOSE(S): Defense Finance and Accounting November 15, 2004 unless comments Due to the increased terrorism threat Service, Office of Corporate are received that would result in a world-wide, the Department of Defense Communications, Freedom of contrary determination. (DoD) requires that all DoD employees, Information Act/Privacy Act Program ADDRESSES: Send comments to DoD/ contractors and dependents who will be Manager, 6760 E. Irvington Place, WHS/ESCD, Directives and Records traveling outside the United States take Denver, CO 80279–8000. Division, Directives and Records terrorism awareness training to make Individual should provide their full Branch, 201 12th Street, Arlington, VA them more aware of potential threats. name, Social Security Number, office or 22202. The system will be used by authorized
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DoD officials to validate required Antiterrorism Division J–34, The Joint declared disaster area and that were training has been completed within the Staff, J–3, Deputy Directorate for adversely affected by these severe past year. Antiterrorism and Homeland Defense, weather conditions, and (2) applicants 3000 Joint Staff Pentagon, Washington, that are adversely affected by these ROUTINE USES OF RECORDS MAINTAINED IN THE DC 20318–3000. severe weather conditions. SYSTEM, INCLUDING CATEGORIES OF USERS AND SUPPLEMENTARY INFORMATION: On THE PURPOSES OF SUCH USES: RECORD ACCESS PROCEDURES: September 21, 2004 the Department In addition to those disclosures Individuals seeking access to published a ‘‘Dear Partner Letter’’ generally permitted under 5 U.S.C. information about themselves is announcing the intention of the 552a(b) of the Privacy Act, these records contained in this system should address Secretary to extend certain deadline or information contained therein may written inquiries to the Branch Chief, dates. That letter is available at: specifically be disclosed outside the Programs and Resources, Antiterrorism http://ifap.ed.gov/dpcletters/ DoD as a routine use pursuant to 5 Division J–34, The Joint Staff, J–3, GEN0409.html. U.S.C. 552a(b)(3) as follows: Deputy Directorate for Antiterrorism In this notice, the Secretary officially The DoD ‘Blanket Rountine Uses’ set and Homeland Defense, 3000 Joint Staff establishes these new deadlines, as set forth at the beginning of the Joint Staff’s Pentagon, Washington, DC 20318–3000. forth below. compilation of systems of records notices apply to this system. CONTESTING RECORD PROCEDURES: Activities Related to Institutional The Joint Staff rules for accessing Reporting POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND records and for contesting contents and FISAP Filing Deadline: For an affected DISPOSING OF RECORDS IN THE SYSTEM: appealing initial determinations are institution or third-party servicer that is contained in OSD Administrative unable to meet the previously published STORAGE: Instruction 81; Joint Administrative deadline of October 1, 2004, the Records are automated and are Instruction 2530.9A; 32 CFR part 311; or Secretary announces the extension to maintained in computers and computer may be obtained from the system October 30, 2004 of the date by which output products and reside on disk and manager. the institution’s FISAP (Fiscal magnetic tape. Operations Report for 2003–2004 and RECORD SOURCE CATEGORIES: RETRIEVABILITY: Application to Participate for 2005– From the individual. Date training 2006) must be submitted. If the A combination of individual’s name was taken is computer generated. institution or servicer is unable to meet and the last 4 digits of their Social this extended deadline, it must contact EXEMPTIONS CLAIMED FOR THE SYSTEM: Security Number retrieve the record. the Campus-Based Call Center at 1–877– Training date is then displayed for None. 801–7168. An institution or servicer that matching individual records. [FR Doc. 04–23121 Filed 10–14–04; 8:45 am] submits a FISAP after October 1, 2004 SAFEGUARDS: BILLING CODE 5001–06–M must maintain documentation of the Records are maintained in a hurricane-related reason why it did so. 2003–2004 Federal Pell Grant controlled facility. Physical entry is Reporting Deadline: For an affected restricted by the use of locks, guards, DEPARTMENT OF EDUCATION institution or third-party servicer that is and is accessible only to authorized unable to meet the previously published personnel. Access to records is limited Student Assistance General deadline of September 30, 2004, the to those personnel who require the Provisions, Federal Perkins Loan, Secretary grants administrative relief records to perform their official duties Federal Work-Study, Federal and announces the extension to October consistent with the purpose for which Supplemental Educational Opportunity 22, 2004 of the date by which the the information was collected. Access to Grant, Federal Family Education Loan, institution or servicer must report computerized data is restricted by William D. Ford Federal Direct Loan, Federal Pell Grant, and Leveraging Federal Pell Grant payments (and passwords, which are changed adjustments) for the 2003–2004 award periodically. Educational Assistance Partnership Programs year to the Common Origination and RETENTION AND DISPOSAL: Disbursement (COD) System. An AGENCY: Disposition pending. Until the Department of Education. institution or servicer that submits Pell National Archives and Records ACTION: Notice extending institutional Grant payment information for the Administration has approved the and applicant filing and reporting 2003–2004 award year after September retention and disposition schedule for deadlines. 30, 2004 must maintain documentation these records treat them as permanent. of the hurricane-related reason why it SUMMARY: The Secretary announces the did so. SYSTEM MANAGER(S) AND ADDRESS: extension of the deadline dates for Submission of Federal Pell Grant Branch Chief, Programs and specific filing and reporting activities, Disbursement Records: The Secretary Resources, Antiterrorism Division J–34, including those published in the announces the extension to 60 days The Joint Staff, J–3, Deputy Directorate Federal Register on March 10, 2004 (69 (instead of the normal 30 days) of the for Antiterrorism and Homeland FR 11403) and March 15, 2004 (69 FR time within which an affected Defense, 3000 Joint Staff Pentagon, 12136). The Secretary takes this action institution or third-party servicer must Washington, DC 20318–3000. as a result of the damage and submit a Federal Pell Grant disruptions caused by the recent disbursement record to the COD System. NOTIFICATION PROCEDURE: hurricanes and tropical storms in the If the institution or servicer finds that it Individuals seeking to determine southern and eastern parts of the United cannot submit the record within this 60- whether information about themselves States, including Puerto Rico. The new day period, it must contact the COD is contained in this system should dates or requested extensions apply School Relations Center at 1–800– address written inquiries to the Branch only to (1) institutions or third-party 4PGRANT (1–800–474–7268). An Chief, Programs and Resources, servicers that are located in a federally- affected institution or servicer that does
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not submit Pell Grant payment SAR or ISIR was not received by that Dated: October 12, 2004. information within the current 30-day date. Theresa S. Shaw, timeframe must maintain Receipt of Verification Documents: Chief Operating Officer, Federal Student Aid. documentation of the hurricane-related The Secretary announces the extension [FR Doc. 04–23183 Filed 10–14–04; 8:45 am] reason why it did so. from September 17, 2004 to October 8, BILLING CODE 4000–01–P Submission of Federal Direct Loan 2004 of the date by which an institution Records: The Secretary will not enforce or third-party servicer must have the current 30-day submission received all requested verification DEPARTMENT OF ENERGY requirement against an affected documents to consider an applicant for institution or third-party servicer that is Federal Student Aid for the 2003–2004 Federal Energy Regulatory unable to submit Direct Loan award year. An institution or servicer Commission promissory notes, loan origination that pays Federal Student Aid based on [Docket No. RP99–301–117] records, and disbursement records verification documents received after (including adjustments) to the COD September 17, 2004 must maintain ANR Pipeline Company; Notice of System. Instead, the institution or documentation of the hurricane-related Negotiated Rate servicer has 60 days to submit these reason why those documents were not records. If an institution or servicer received by that date. October 7, 2004. finds that it cannot submit these records Take notice that on October 1, 2004, within this 60-day period, it must FOR FURTHER INFORMATION CONTACT: For ANR Pipeline Company (ANR) tendered contact the COD School Relations general questions, John Kolotos, U.S. for filing five service agreements entered Center at 1–800–848–0978. An affected Department of Education, 400 Maryland into between ANR and Wisconsin institution or servicer that does not Avenue, SW., (UCP room 113F1), Electric Power Company (WEPCO) and submit Direct Loan information within Washington, DC 20202. Telephone: one service agreement entered into the current 30-day timeframe must (202) 377–4027, FAX: (202) 275–4552, between ANR and Wisconsin Public maintain documentation of the or by email: [email protected]. Service Corporation (WPS), pursuant to hurricane-related reason why it did so. For other questions or requests for ANR’s Rate Schedules FTS–3, FSS and Activities Related to Applicant Filing extensions, contact the appropriate call NSS. ANR is submitting this filing to center as previously noted or the comply with the Commission’s FAFSA Correction Deadline: For an Customer Service Call Center at 1–800– certificate order authorizing ANR’s affected applicant, the Secretary 433–7327. EastLeg Project. announces the extension from Electronic Access to This Document: ANR states that copies of its filing September 17, 2004 to October 8, 2004 You may view this document, as well as have been sent to all jurisdictional of the date by which the Department’s all other documents of this Department customers, and interested state Central Processing System must have published in the Federal Register, in commissions. received the following items: Any person desiring to intervene or to • text or Adobe Portable Document Paper corrections (including Format (PDF) on the Internet at the protest this filing must file in address changes and changes of following site: http://www.ed.gov/news/ accordance with Rules 211 and 214 of institutions) made using a SAR; fedregister. the Commission’s Rules of Practice and • Electronic corrections (including Procedure (18 CFR 385.211 and address changes and changes of To use PDF you must have Adobe 385.214). Protests will be considered by institutions) made from FAFSA on the Acrobat Reader, which is available free the Commission in determining the Web, FAA Access to CPS Online, or at this site. If you have questions about appropriate action to be taken, but will EDExpress; using PDF, call the U.S. Government not serve to make protestants parties to • Changes to mailing or e-mail Printing Office (GPO), toll free, at 1– the proceeding. Any person wishing to addresses, changes of institutions, and 888–293–6498; or in the Washington, become a party must file a notice of requests for a duplicate SAR made by DC area at (202) 512–1530. intervention or motion to intervene, as phone to the Federal Student Aid Note: The official version of this document appropriate. Such notices, motions, or Information Center; and is the document published in the Federal protests must be filed in accordance • Paper signature pages and Register. Free Internet access to the official with the provisions of Section 154.210 electronic signatures. edition of the Federal Register and the Code of the Commission’s regulations (18 CFR of Federal Regulations is available on GPO 154.210). Anyone filing an intervention Activities Related to Documents Access at: http://www.gpoaccess.gov/nara/ or protest must serve a copy of that Received by an Institution index.html. document on the Applicant. Anyone Receipt of SARs and ISIRs: For an filing an intervention or protest on or affected applicant, institution, or third- Program Authority: 20 U.S.C. 1070a, before the intervention or protest date party servicer, the Secretary announces 1070b–1070b–4, 1070c–1070c–4, 1071– need not serve motions to intervene or the extension from September 17, 2004 1087–2, 1087a–1087j, 1087aa–1087ii, 1094, protests on persons other than the to October 8, 2004 of the date by which and 1099c; 42 U.S.C. 2751–2756b. Catalog of Applicant. Federal Domestic Assistance numbers: the institution or servicer must have The Commission encourages 84.007 Federal Supplemental Educational received a SAR from a student, or an Opportunity Grant (FSEOG) Program; 84.032 electronic submission of protests and ISIR from the Department, for the Federal Family Education Loan (FFEL) interventions in lieu of paper using the student to be considered for a Federal Programs; 84.033 Federal Work-Study (FWS) ‘‘eFiling’’ link at http://www.ferc.gov. Pell Grant for the 2003–2004 award Program; 84.038 Federal Perkins (Perkins) Persons unable to file electronically year. An institution or servicer that pays Loans; 84.063 Federal Pell Grant (Pell) should submit an original and 14 copies Federal Student Aid on a SAR or ISIR Program; 84.069 Leveraging Educational of the protest or intervention to the that was received after September 17, Assistance Partnership (LEAP) Programs; and Federal Energy Regulatory Commission, 2004 must maintain documentation of 84.268 William D. Ford Federal Direct Loan 888 First Street, NE., Washington, DC the hurricane-related reason why the (Direct Loan) Programs. 20426.
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This filing is accessible on-line at should submit an original and 14 copies the proceeding. Any person wishing to http://www.ferc.gov, using the of the protest or intervention to the become a party must file a notice of ‘‘eLibrary’’ link and is available for Federal Energy Regulatory Commission, intervention or motion to intervene, as review in the Commission’s Public 888 First Street, NE., Washington, DC appropriate. Such notices, motions, or Reference Room in Washington, DC. 20426. protests must be filed in accordance There is an ‘‘eSubscription’’ link on the This filing is accessible on-line at with the provisions of Section 154.210 Web site that enables subscribers to http://www.ferc.gov, using the of the Commission’s regulations (18 CFR receive email notification when a ‘‘eLibrary’’ link and is available for 154.210). Anyone filing an intervention document is added to a subscribed review in the Commission’s Public or protest must serve a copy of that docket(s). For assistance with any FERC Reference Room in Washington, DC. document on the Applicant. Anyone Online service, please email There is an ‘‘eSubscription’’ link on the filing an intervention or protest on or [email protected], or call Web site that enables subscribers to before the intervention or protest date (866) 208–3676 (toll free). For TTY, call receive email notification when a need not serve motions to intervene or (202) 502–8659. document is added to a subscribed protests on persons other than the docket(s). For assistance with any FERC Applicant. Magalie R. Salas, Online service, please email The Commission encourages Secretary. [email protected], or call electronic submission of protests and [FR Doc. E4–2620 Filed 10–14–04; 8:45 am] (866) 208–3676 (toll free). For TTY, call interventions in lieu of paper using the BILLING CODE 6717–01–P (202) 502–8659. ‘‘eFiling’’ link at http://www.ferc.gov. Magalie R. Salas, Persons unable to file electronically should submit an original and 14 copies Secretary. DEPARTMENT OF ENERGY of the protest or intervention to the [FR Doc. E4–2621 Filed 10–14–04; 8:45 am] Federal Energy Regulatory Commission, Federal Energy Regulatory BILLING CODE 6717–01–P Commission 888 First Street, NE., Washington, DC 20426. [Docket No. RP99–301–118] DEPARTMENT OF ENERGY This filing is accessible on-line at http://www.ferc.gov, using the ANR Pipeline Company; Notice of ‘‘eLibrary’’ link and is available for Negotiated Rate Filing Federal Energy Regulatory Commission review in the Commission’s Public Reference Room in Washington, DC. October 7, 2004. [Docket No. RP04–609–000] Take notice that on October 4, 2004, There is an ‘‘eSubscription’’ link on the ANR Pipeline Company (ANR) tendered CenterPoint Energy—Mississippi Web site that enables subscribers to for filing and approval one amendment River; Transmission Corporation; receive email notification when a to an existing negotiated rate service Notice of Tariff Filing document is added to a subscribed agreement between ANR and Wisconsin docket(s). For assistance with any FERC Electric Power Company. October 7, 2004. Online service, please email ANR states that the amendment Take notice that on September 24, [email protected], or call reflects a modification to the pricing 2004, CenterPoint Energy—Mississippi (866) 208–3676 (toll free). For TTY, call provision of the contract. ANR requests River Transmission Corporation (MRT) (202) 502–8659. filed with the Commission its annual that the Commission accept and Magalie R. Salas, fuel adjustment filing pursuant to approve the subject negotiated rate Secretary. agreement amendments to be effective section 22 of the General Terms and [FR Doc. E4–2638 Filed 10–14–04; 8:45 am] October 1, 2004. Conditions of MRT’s FERC Gas Tariff, Any person desiring to intervene or to Third Revised Volume No. 1, requesting BILLING CODE 6717–01–P protest this filing must file in an effective date of November 1, 2004, MRT filed the following sheets: accordance with Rules 211 and 214 of DEPARTMENT OF ENERGY the Commission’s Rules of Practice and Fifty-Third Revised Sheet No. 5 Procedure (18 CFR 385.211 and Fifty-Third Revised Sheet No. 6 Federal Energy Regulatory 385.214). Protests will be considered by Fiftieth Revised Sheet No. 7 Commission the Commission in determining the Twenty-Second Revised Sheet No. 8 appropriate action to be taken, but will MRT states that the purpose of this [Docket No. RP95–408–059] not serve to make protestants parties to filing is to adjust the Fuel Use and the proceeding. Any person wishing to LUFG Percentages under its Rate Columbia Gas Transmission become a party must file a notice of Schedules FTS, SCT, ITS, FSS and ISS. Corporation; Notice of FERC Filing intervention or motion to intervene, as MRT further states that a copy of this appropriate. Such notices, motions, or filing is being mailed to each of MRT’s October 7, 2004. protests must be filed in accordance customers and to the state Commissions Take notice that on September 30, with the provisions of Section 154.210 of Arkansas, Illinois, Louisiana, 2004, Columbia Gas Transmission of the Commission’s regulations (18 CFR Missouri and Texas. Corporation (Columbia) tendered for 154.210). Anyone filing an intervention Any person desiring to intervene or to filing as part of its FERC Gas Tariff, or protest must serve a copy of that protest this filing must file in Second Revised Volume No. 1 (Tariff), document on all parties to this accordance with Rules 211 and 214 of the following revised tariff sheets with proceeding. the Commission’s Rules of Practice and a proposed effective date of November The Commission encourages Procedure (18 CFR 385.211 and 1, 2004: electronic submission of protests and 385.214). Protests will be considered by Seventy-second Revised Sheet No. 25 interventions in lieu of paper using the the Commission in determining the Seventy-second Revised Sheet No. 26 ‘‘eFiling’’ link at http://www.ferc.gov. appropriate action to be taken, but will Seventy-second Revised Sheet No. 27 Persons unable to file electronically not serve to make protestants parties to Thirty-second Revised Sheet No. 30A
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Columbia states it was permitted to FERC Gas Tariff, Third Revised Volume (866) 208–3676 (toll free). For TTY, call reflect in its base rates a Settlement No. 1, the following tariff sheets, to (202) 502–8659. Component to be collected from firm become effective November 1, 2004: Magalie R. Salas, transportation customers for the period Twenty-First Revised Sheet No. 31, Secretary. beginning November 1, 1996 and ending Twenty-Fifth Revised Sheet No. 32, [FR Doc. E4–2640 Filed 10–14–04; 8:45 am] October 31, 2004. Columbia states that Thirteenth Revised Sheet No. 34, as the Settlement Period is ending, Seventeenth Revised Sheet No. 35. BILLING CODE 6717–01–P Columbia is filing to remove the DTI states that the purpose of this Settlement Component from its rates filing is to update DTI’s effective DEPARTMENT OF ENERGY effective November 1, 2004. Electric Power Cost Adjustment (EPCA), Any person desiring to protest this through the mechanism described in Federal Energy Regulatory filing must file in accordance with Rule section 17 of the General Terms and Commission 211 of the Commission’s Rules of Conditions. DTI states that it is seeking [Docket No. RP04–618–000] Practice and Procedure (18 CFR to recover prospective electric costs of 385.211). Protests to this filing will be approximately $3.1 million which is a Dominion Transmission, Inc.; Notice of considered by the Commission in reduction from the $3.8 million Proposed Changes in FERC Gas Tariff determining the appropriate action to be estimated in the previous year’s filing, taken, but will not serve to make Docket No. RP03–624 DTI further states October 7, 2004. protestants parties to the proceeding. that the filing includes surcharge rate Take notice that on September 30, Such protests must be filed in adjustments resulting from the 2004, Dominion Transmission Inc. (DTI) accordance with the provisions of reconciliation of the prior year’s actual tendered for filing as part of its FERC Section 154.210 of the Commission’s cost and recoveries. Gas Tariff, Third Revised Volume No. 1, regulations (18 CFR 154.210). Anyone Any person desiring to intervene or to the following tariff sheets, with an filing a protest must serve a copy of that protest this filing must file in effective date of November 1, 2004: document on all the parties to the accordance with Rules 211 and 214 of Twenty-Second Revised Sheet No. 31, proceeding. the Commission’s Rules of Practice and Twenty-Sixth Revised Sheet No. 32, The Commission encourages Procedure (18 CFR 385.211 and Fourteenth Revised Sheet No. 34, electronic submission of protests in lieu 385.214). Protests will be considered by Eighteenth Revised Sheet No. 35. of paper using the ‘‘eFiling’’ link at the Commission in determining the DTI states that the purpose of this http://www.ferc.gov. Persons unable to appropriate action to be taken, but will filing is to update DTI’s effective file electronically should submit an not serve to make protestants parties to Transportation Cost Rate Adjustment original and 14 copies of the protest to the proceeding. Any person wishing to through the mechanism described in the Federal Energy Regulatory become a party must file a notice of section 15 of the General Terms and Commission, 888 First Street, NE., intervention or motion to intervene, as Conditions (GT&C). Washington, DC 20426. appropriate. Such notices, motions, or Any person desiring to intervene or to This filing is accessible on-line at protests must be filed in accordance protest this filing must file in http://www.ferc.gov, using the with the provisions of Section 154.210 accordance with Rules 211 and 214 of ‘‘eLibrary’’ link and is available for of the Commission’s regulations (18 CFR the Commission’s Rules of Practice and review in the Commission’s Public 154.210). Anyone filing an intervention Procedure (18 CFR 385.211 and Reference Room in Washington, DC. or protest must serve a copy of that 385.214). Protests will be considered by There is an ‘‘eSubscription’’ link on the document on the Applicant. Anyone the Commission in determining the Web site that enables subscribers to filing an intervention or protest on or appropriate action to be taken, but will receive e-mail notification when a before the intervention or protest date not serve to make protestants parties to document is added to a subscribed need not serve motions to intervene or the proceeding. Any person wishing to docket(s). For assistance with any FERC protests on persons other than the become a party must file a notice of Online service, please e-mail Applicant. intervention or motion to intervene, as [email protected], or call The Commission encourages appropriate. Such notices, motions, or (866) 208–3676 (toll free). For TTY, call electronic submission of protests and protests must be filed in accordance (202) 502–8659. interventions in lieu of paper using the with the provisions of Section 154.210 Magalie R. Salas, ‘‘eFiling’’ link at http://www.ferc.gov. of the Commission’s regulations (18 CFR Secretary. Persons unable to file electronically 154.210). Anyone filing an intervention [FR Doc. E4–2632 Filed 10–04–04; 8:45 am] should submit an original and 14 copies or protest must serve a copy of that of the protest or intervention to the BILLING CODE 6717–01–P document on the Applicant. Anyone Federal Energy Regulatory Commission, filing an intervention or protest on or 888 First Street, NE., Washington, DC before the intervention or protest date DEPARTMENT OF ENERGY 20426. need not serve motions to intervene or This filing is accessible on-line at protests on persons other than the Federal Energy Regulatory http://www.ferc.gov, using the Applicant. Commission ‘‘eLibrary’’ link and is available for The Commission encourages review in the Commission’s Public electronic submission of protests and [Docket No. RP04–617–000] Reference Room in Washington, DC. interventions in lieu of paper using the Dominion Transmission, Inc.; Notice of There is an ‘‘eSubscription’’ link on the ‘‘eFiling’’ link at http://www.ferc.gov. Proposed Changes in FERC Gas Tariff Web site that enables subscribers to Persons unable to file electronically receive email notification when a should submit an original and 14 copies October 7, 2004. document is added to a subscribed of the protest or intervention to the Take notice that on September 30, docket(s). For assistance with any FERC Federal Energy Regulatory Commission, 2004, Dominion Transmission, Inc. Online service, please email 888 First Street, NE., Washington, DC (DTI) tendered for filing as part of its [email protected], or call 20426.
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This filing is accessible on-line at The Commission encourages the Commission in determining the http://www.ferc.gov, using the electronic submission of protests and appropriate action to be taken, but will ‘‘eLibrary’’ link and is available for interventions in lieu of paper using the not serve to make protestants parties to review in the Commission’s Public ‘‘eFiling’’ link at http://www.ferc.gov. the proceeding. Any person wishing to Reference Room in Washington, DC. Persons unable to file electronically become a party must file a notice of There is an ‘‘eSubscription’’ link on the should submit an original and 14 copies intervention or motion to intervene, as Web site that enables subscribers to of the protest or intervention to the appropriate. Such notices, motions, or receive email notification when a Federal Energy Regulatory Commission, protests must be filed in accordance document is added to a subscribed 888 First Street, NE., Washington, DC with the provisions of Section 154.210 docket(s). For assistance with any FERC 20426. of the Commission’s regulations (18 CFR Online service, please email This filing is accessible on-line at 154.210). Anyone filing an intervention [email protected], or call http://www.ferc.gov, using the or protest must serve a copy of that (866) 208–3676 (toll free). For TTY, call ‘‘eLibrary’’ link and is available for document on the Applicant. Anyone (202) 502–8659. review in the Commission’s Public filing an intervention or protest on or Reference Room in Washington, DC. before the intervention or protest date Magalie R. Salas, There is an ‘‘eSubscription’’ link on the need not serve motions to intervene or Secretary. Web site that enables subscribers to protests on persons other than the [FR Doc. E4–2641 Filed 10–14–04; 8:45 am] receive e-mail notification when a Applicant. BILLING CODE 6717–01–P document is added to a subscribed The Commission encourages docket(s). For assistance with any FERC electronic submission of protests and Online service, please e-mail interventions in lieu of paper using the DEPARTMENT OF ENERGY [email protected], or call ‘‘eFiling’’ link at http://www.ferc.gov. Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Persons unable to file electronically Commission (202) 502–8659. should submit an original and 14 copies of the protest or intervention to the Magalie R. Salas, [Docket No. RP05–15–000] Federal Energy Regulatory Commission, Secretary. 888 First Street, NE., Washington, DC El Paso Natural Gas Company; Notice [FR Doc. E4–2651 Filed 10–14–04; 8:45 am] 20426. of Tariff Filing BILLING CODE 6717–01–P This filing is accessible on-line at October 7, 2004. http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for Take notice that on October 4, 2004, DEPARTMENT OF ENERGY El Paso Natural Gas Company (El Paso) review in the Commission’s Public tendered for filing as part of its FERC Federal Energy Regulatory Reference Room in Washington, DC. Gas Tariff, Second Revised Volume No. Commission There is an ‘‘eSubscription’’ link on the 1–A, 1st Rev Twenty-First Revised Web site that enables subscribers to [Docket No. RP05–2–000] Sheet No. 1, to become effective receive email notification when a document is added to a subscribed November 4, 2004. Gas Transmission Northwest El Paso states that it is submitting two docket(s). For assistance with any FERC Corporation; Notice of Proposed Online service, please email firm transportation service agreements Changes in FERC Gas Tariff (TSAs) for the Commission’s [email protected], or call information and material deviation October 7, 2004. (866) 208–3676 (toll free). For TTY, call review and has listed the TSAs on the Take notice that on October 1, 2004, (202) 502–8659. tendered tariff sheet as potential non- Gas Transmission Northwest Magalie R. Salas, conforming agreements. Corporation (GTN) tendered for filing as Secretary. Any person desiring to intervene or to part of its FERC Gas Tariff, Third [FR Doc. E4–2624 Filed 10–14–04; 8:45 am] protest this filing must file in Revised Volume No. 1–A, Fifth Revised BILLING CODE 6717–01–P accordance with Rules 211 and 214 of Sheet No. 4, to become effective the Commission’s Rules of Practice and November 1, 2004. Procedure (18 CFR 385.211 and GTN states that it is revising this tariff DEPARTMENT OF ENERGY 385.214). Protests will be considered by sheet to modify the rate for service the Commission in determining the under Rate Schedule FTS–1(E–2)(WWP) Federal Energy Regulatory appropriate action to be taken, but will in accordance with the negotiated rate Commission not serve to make protestants parties to formula for that service as specified in [Docket No. RP99–518–063] the proceeding. Any person wishing to GTN’s tariff. GTN also states that the become a party must file a notice of proposed changes would decrease Gas Transmission Northwest intervention or motion to intervene, as revenues associated with Rate Schedule Corporation; Notice of Negotiated appropriate. Such notices, motions, or FTS–1(E–2)(WWP) by approximately Rates protests must be filed in accordance 0.528%. with the provisions of Section 154.210 GTN further states that a copy of this October 7, 2004. of the Commission’s regulations (18 CFR filing has been served on GTN’s Take notice that on September 30, 154.210). Anyone filing an intervention jurisdictional customers and interested 2004, Gas Transmission Northwest or protest must serve a copy of that state regulatory agencies. Corporation (GTN) tendered for filing as document on the Applicant. Anyone Any person desiring to intervene or to part of its FERC Gas Tariff, Third filing an intervention or protest on or protest this filing must file in Revised Volume No. 1–A, Twelfth before the intervention or protest date accordance with Rules 211 and 214 of Revised Sheet No. 15, to become need not serve motions to intervene or the Commission’s Rules of Practice and effective September 1, 2004. protests on persons other than the Procedure (18 CFR 385.211 and GTN states that this sheet is being Applicant. 385.214). Protests will be considered by filed to reflect the continuation of a
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negotiated rate agreement pursuant to DEPARTMENT OF ENERGY document. You may also register online evergreen provisions contained in the at http://www.ferc.gov/docs-filing/ agreement. Federal Energy Regulatory esubscription.asp to be notified via Commission GTN further states that a copy of this email of new filings and issuances filing has been served on GTN’s related to this or other pending projects. Notice of Application for Amendment For assistance with any FERC Online jurisdictional customers and interested of License and Soliciting Comments, services, e-mail state regulatory agencies. Protests, and Motions To Intervene [email protected], or call Any person desiring to intervene or to October 7, 2004. toll free (866) 208–3676 for TTY, call protest this filing must file in Take notice that the following (202) 502–8659. A copy is also available accordance with Rules 211 and 214 of application has been filed with the for inspection and reproduction at the the Commission’s Rules of Practice and Commission and is available for public address in item (h) above. Procedure (18 CFR 385.211 and inspection: m. Individuals desiring to be included 385.214). Protests will be considered by a. Application Type: Non-project use on the Commission’s mailing list should the Commission in determining the of project lands and waters. so indicate by writing to the Secretary appropriate action to be taken, but will b. Project Number: P–1494–277. of the Commission. not serve to make protestants parties to c. Date Filed: September 20, 2004. n. Comments, Protests, or Motions To the proceeding. Any person wishing to d. Applicant: Grand River Dam Intervene: Anyone may submit become a party must file a notice of Authority (GRDA). comments, a protest, or a motion to intervention or motion to intervene, as e. Name of Project: Pensacola Project. intervene in accordance with the appropriate. Such notices, motions, or f. Location: The project is located on requirements of Rules of Practice and protests must be filed in accordance the Grand (Neosho) River in Craig, Procedure, 18 CFR 385.210, .211, .214. with the provisions of Section 154.210 Delaware, Mayes, and Ottawa Counties, In determining the appropriate action to of the Commission’s regulations (18 CFR Oklahoma. The project does not occupy take, the Commission will consider all 154.210). Anyone filing an intervention any federal or tribal lands. The protests or other comments filed, but or protest must serve a copy of that proposed non-project use would occupy only those who file a motion to document on the Applicant. Anyone project lands and waters on Grand Lake intervene in accordance with the filing an intervention or protest on or O’ the Cherokees in Section 15, Commission’s Rules may become a before the intervention or protest date Township 25 North, Range 24 East in party to the proceeding. Any comments, need not serve motions to intervene or Delaware County near Grove, protests, or motions to intervene must protests on persons other than the Oklahoma. be received on or before the specified g. Filed Pursuant to: Federal Power Applicant. comment date for the particular Act, 16 U.S.C. 791 (a)–825(r). application. The Commission encourages h. Applicant Contacts: Mary Von o. Filing and Service of Responsive electronic submission of protests and Drehle or Teresa Hicks, Grand River Documents: Any filings must bear in all interventions in lieu of paper using the Dam Authority, P.O. Box 409, Vinita, capital letters the title ‘‘COMMENTS’’, ‘‘eFiling’’ link at http://www.ferc.gov. OK 74301. Phone: (918) 256–5545. ‘‘RECOMMENDATIONS FOR TERMS Persons unable to file electronically i. FERC Contact: Any questions on AND CONDITIONS’’, ‘‘PROTEST’’, or this notice should be addressed to Steve should submit an original and 14 copies ‘‘MOTION TO INTERVENE’’, as Naugle at (202) 502–6061, or by e-mail: of the protest or intervention to the applicable, and the Project Number of [email protected]. Federal Energy Regulatory Commission, the particular application to which the j. Deadline for filing comments and or 888 First Street, NE., Washington, DC filing refers (P–1494–277). All motions: November 8, 2004. 20426. documents (original and eight copies) k. Description of the Application: This filing is accessible on-line at should be filed with: Magalie R. Salas, GRDA, the project licensee, requests Secretary, Federal Energy Regulatory http://www.ferc.gov, using the Commission approval to grant a permit Commission, 888 First Street, NE., ‘‘eLibrary’’ link and is available for to Lakewood Village for the addition of Washington, DC 20426. A copy of any review in the Commission’s Public one covered dock with 10 boat slips to motion to intervene must also be served Reference Room in Washington, D.C. an existing commercial facility upon each representative of the There is an ‘‘eSubscription’’ link on the containing five docks with 53 boat slips. Applicant specified in the particular Web site that enables subscribers to The proposed dock would be attached application. receive e-mail notification when a to the end of one of the facility’s document is added to a subscribed existing docks. The added slips would p. Agency Comments: Federal, state, docket(s). For assistance with any FERC be used by patrons of the Lakewood and local agencies are invited to file Online service, please e-mail Village mobile-home, RV-park, and comments on the described application. [email protected], or call marina complex. A copy of the application may be (866) 208–3676 (toll free). For TTY, call l. Location of the Application: A copy obtained by agencies directly from the (202) 502–8659. of the application is available for Applicant. If an agency does not file inspection and reproduction at the comments within the time specified for Magalie R. Salas, Commission’s Public Reference Room, filing comments, it will be presumed to Secretary. located at 888 First Street, NE., Room have no comments. One copy of an [FR Doc. E4–2634 Filed 10–14–04; 8:45 am] 2A, Washington, DC 20426, or by calling agency’s comments must also be sent to BILLING CODE 6717–01–P (202) 502–8371. This filing may also be the Applicant’s representatives. viewed on the Commission’s website at q. Comments, protests, and http://www.ferc.gov using the interventions may be filed electronically ‘‘eLibrary’’ link. Enter the docket via the Internet in lieu of paper. See, 18 number excluding the last three digits in CFR 385.2001(a)(1)(iii) and the the docket number field to access the instructions on the Commission’s Web
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site at http://www.ferc.gov under the There is an ‘‘eSubscription’’ link on the should, on or before the comment date, ‘‘e-Filing’’ link. web site that enables subscribers to file with the Federal Energy Regulatory receive email notification when a Commission, 888 First Street, NE., Magalie R. Salas, document is added to a subscribed Washington, DC 20426, a motion to Secretary. docket(s). For assistance with any FERC intervene in accordance with the [FR Doc. E4–2613 Filed 10–14–04; 8:45 am] Online service, please email requirements of the Commission’s Rules BILLING CODE 6717–01–P [email protected], or call of Practice and Procedure (18 CFR (866) 208–3676 (toll free). For TTY, call 385.214 or 385.211) and the Regulations (202) 502–8659. under the NGA (18 CFR 157.10). A DEPARTMENT OF ENERGY person obtaining party status will be Magalie R. Salas, placed on the service list maintained by Federal Energy Regulatory Secretary. the Secretary of the Commission and Commission [FR Doc. E4–2625 Filed 10–14–04; 8:45 am] will receive copies of all documents [Docket No. RP05–3–000] BILLING CODE 6717–01–P filed by the applicant and by all other parties. A party must submit 14 copies Guardian Pipeline, L.L.C.; Notice of of filings made with the Commission Tariff Filing DEPARTMENT OF ENERGY and must mail a copy to the applicant and to every other party in the October 7, 2004. Federal Energy Regulatory proceeding. Only parties to the Take notice that on October 1, 2004, Commission proceeding can ask for court review of Guardian Pipeline, L.L.C. (Guardian) [Docket No. CP04–425–000] Commission orders in the proceeding. tendered for filing as part of its FERC Persons who wish to comment only Gas Tariff, Original Volume No. 1, Gulf South Pipeline Company, LP; on the environmental review of this Seventh Revised Sheet No. 5, to become Notice of Application project, or in support of or in opposition effective November 1, 2004. to this project, should submit an Guardian states that this filing is October 6, 2004. original and two copies of their made in accordance with section 32 Take notice that on September 30, comments to the Secretary of the (Transporter’s Use Gas Adjustment) of 2004, Gulf South Pipeline Company, LP Commission. Environmental the General Terms and Conditions in its (Gulf South), 20 East Greenway, commenters will be placed on the FERC Gas Tariff, Original Volume No. 1. Houston, Texas 77046, filed in Docket Commission’s environmental mailing Any person desiring to intervene or to No. CP04–425–000 an application list, will receive copies of the protest this filing must file in pursuant to section 7(c) of the Natural environmental documents, and will be accordance with Rules 211 and 214 of Gas Act for a limited-term certificate of notified of meetings associated with the the Commission’s Rules of Practice and public convenience and necessity to Commission’s environmental review Procedure (18 CFR 385.211 and increase the total overall storage process. Environmental commenters 385.214). Protests will be considered by capacity of the Jackson Gas Storage will not be required to serve copies of the Commission in determining the Facility (Jackson Storage) in Rankin filed documents on all other parties. appropriate action to be taken, but will County, Mississippi, by 2.4 Bcf. Gulf The Commission’s rules require that not serve to make protestants parties to South requests limited-term certificate persons filing comments in opposition the proceeding. Any person wishing to authority, for a period beginning no to the project provide copies of their become a party must file a notice of later than November 15, 2004 through protests only to the applicant. However, intervention or motion to intervene, as October 31, 2005, to inject, store, and the non-party commenters will not appropriate. Such notices, motions, or withdraw 2.4 Bcf of system operational receive copies of all documents filed by protests must be filed in accordance gas at Jackson Storage in addition to the other parties or issued by the with the provisions of Section 154.210 current overall storage capacity of 5.55 Commission (except for the mailing of of the Commission’s regulations (18 CFR Bcf, all as more fully set forth in the environmental documents issued by the 154.210). Anyone filing an intervention application which is on file with the Commission) and will not have the right or protest must serve a copy of that Commission and open to public to seek court review of the document on the Applicant. Anyone inspection. The filing may also be Commission’s final order. filing an intervention or protest on or viewed on the web at http:// The Commission may issue a before the intervention or protest date www.ferc.gov using the ‘‘eLibrary’’ link. preliminary determination on non- need not serve motions to intervene or Enter the docket number excluding the environmental issues prior to the protests on persons other than the last three digits in the docket number completion of its review of the Applicant. field to access the document. For environmental aspects of the project. The Commission encourages assistance, call (202) 502–3676, or TTY, This preliminary determination electronic submission of protests and (202) 502–8659. typically considers such issues as the interventions in lieu of paper using the Any questions regarding this need for the project and its economic ‘‘eFiling’’ link at http://www.ferc.gov. application should be directed to J. Kyle effect on existing customers of the Persons unable to file electronically Stephens, Director of Certificates, Gulf applicant, on other pipelines in the area, should submit an original and 14 copies South Pipeline Company, LP, 20 East and on landowners and communities. of the protest or intervention to the Greenway Plaza, Houston, Texas 77046, For example, the Commission considers Federal Energy Regulatory Commission, Phone: (713) 544–7309, Fax: (713) 544– the extent to which the applicant may 888 First Street, NE., Washington, DC 3540, or Email: need to exercise eminent domain to 20426. [email protected]. obtain rights-of-way for the proposed This filing is accessible on-line at There are two ways to become project and balances that against the http://www.ferc.gov, using the involved in the Commission’s review of non-environmental benefits to be ‘‘eLibrary’’ link and is available for this project. First, any person wishing to provided by the project. Therefore, if a review in the Commission’s Public obtain legal status by becoming a party person has comments on community Reference Room in Washington, DC. to the proceedings for this project and landowner impacts from this
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proposal, it is important either to file original and 14 copies of the protest to 385.214). Protests will be considered by comments or to intervene as early in the the Federal Energy Regulatory the Commission in determining the process as possible. Commission, 888 First Street, NE., appropriate action to be taken, but will The Commission strongly encourages Washington, DC 20426. not serve to make protestants parties to electronic filings of comments, protests, This filing is accessible on-line at the proceeding. Any person wishing to and interventions via the internet in lieu http://www.ferc.gov, using the become a party must file a notice of of paper. See, 18 CFR 385.2001(a)(1)(iii) ‘‘eLibrary’’ link and is available for intervention or motion to intervene, as and the instructions on the review in the Commission’s Public appropriate. Such notices, motions, or Commission’s Web site (http:// Reference Room in Washington, DC. protests must be filed in accordance www.ferc.gov) under the ‘‘e-Filing’’ link. There is an ‘‘eSubscription’’ link on the with the provisions of Section 154.210 Comment Date: October 18, 2004. Web site that enables subscribers to of the Commission’s regulations (18 CFR receive e-mail notification when a 154.210). Anyone filing an intervention Magalie R. Salas, document is added to a subscribed or protest must serve a copy of that Secretary. docket(s). For assistance with any FERC document on the Applicant. Anyone [FR Doc. E4–2610 Filed 10–14–04; 8:45 am] Online service, please e-mail filing an intervention or protest on or BILLING CODE 6717–01–P [email protected], or call before the intervention or protest date (866) 208–3676 (toll free). For TTY, call need not serve motions to intervene or (202) 502–8659. protests on persons other than the DEPARTMENT OF ENERGY Applicant. Magalie R. Salas, The Commission encourages Federal Energy Regulatory Secretary. Commission electronic submission of protests and [FR Doc. E4–2619 Filed 10–14–04; 8:45 am] interventions in lieu of paper using the [Docket No. RP98–18–016] BILLING CODE 6717–01–P ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically Iroquois Gas Transmission System, should submit an original and 14 copies DEPARTMENT OF ENERGY L.P.; Notice of Compliance Filing of the protest or intervention to the October 7, 2004. Federal Energy Regulatory Federal Energy Regulatory Commission, Take notice that on September 30, Commission 888 First Street, NE., Washington, DC 2004, Iroquois Gas Transmission 20426. [Docket No. RP04–615–000] System, L.P. (Iroquois) tendered for This filing is accessible on-line at http://www.ferc.gov, using the filing as part of its FERC Gas Tariff, First Iroquois Gas Transmission System, Revised Volume No. 1, First Substitute ‘‘eLibrary’’ link and is available for L.P.; Notice of Proposed Change in review in the Commission’s Public Original Sheet No. 6E, to be effective on FERC Gas Tariff August 16, 2004. Reference Room in Washington, DC. Iroquois states that the filing is being October 7, 2004. There is an ‘‘eSubscription’’ link on the made to comply with the Commission’s Take notice that on September 30, Web site that enables subscribers to order issued September 15, 2004 (108 2004, Iroquois Gas Transmission receive e-mail notification when a FERC ¶ 61,234) and corrects an System, L.P. (Iroquois) tendered for document is added to a subscribed inadvertent reference to Consolidated filing as part of its FERC Gas Tariff, First docket(s). For assistance with any FERC Edison Company of New York, Inc. Revised Volume No. 1, Sixteenth Online service, please e-mail rather than to Virginia Power Energy Revised Sheet No. 4A, to be effective on [email protected], or call Marketing, Inc. (Virginia Power). November 1, 2004. (866) 208–3676 (toll free). For TTY, call Iroquois requests a waiver of the 30-day Iroquois states that, pursuant to Part (202) 502–8659. notice requirement to permit the tariff 154 of the Commission’s regulations and Magalie R. Salas, sheet to take effect on August 16, 2004, section 12.3 of the General Terms and Secretary. the date the negotiated rate agreement Conditions of its tariff, it is filing [FR Doc. E4–2639 Filed 10–14–04; 8:45 am] with Virginia Power took effect. Sixteenth Revised Sheet No. 4A and Any person desiring to protest this supporting workpapers as part of its BILLING CODE 6717–01–P filing must file in accordance with Rule annual update of its Deferred Asset 211 of the Commission’s Rules of Surcharge to reflect the annual revenue DEPARTMENT OF ENERGY Practice and Procedure (18 CFR requirement associated with its Deferred 385.211). Protests to this filing will be Asset for the amortization period Federal Energy Regulatory considered by the Commission in commencing November 1, 2004. Commission determining the appropriate action to be Iroquois states that the revised tariff taken, but will not serve to make sheet reflects a decrease of $.0001 per [Docket No. RP04–619–000] protestants parties to the proceeding. Dth in Iroquois’ effective Deferred Asset Such protests must be filed in Surcharge for Zone 1 (from $.0006 to Kern River Gas Transmission accordance with the provisions of $.0005 per Dth), a decrease of $.0001 per Company; Notice of Proposed Section 154.210 of the Commission’s Dth in Iroquois’ effective Deferred Asset Changes in FERC Gas Tariff regulations (18 CFR 154.210). Anyone Surcharge for Zone 2 (from $.0004 to filing a protest must serve a copy of that $.0003 per Dth) and a decrease in the October 7, 2004. document on all the parties to the Inter-Zone surcharge of $.0002 per Dth Take notice that on September 30, proceeding. (from $.0010 to $.0008 per Dth). 2004, Kern River Gas Transmission The Commission encourages Any person desiring to intervene or to Company (Kern River) tendered for electronic submission of protests in lieu protest this filing must file in filing as part of its FERC Gas Tariff, of paper using the ‘‘eFiling’’ link at accordance with Rules 211 and 214 of Second Revised Volume No. 1, the tariff http://www.ferc.gov. Persons unable to the Commission’s Rules of Practice and sheets listed on Appendix A to its filing, file electronically should submit an Procedure (18 CFR 385.211 and to be effective November 1, 2004.
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Kern River states that the purpose of (866) 208–3676 (toll free). For TTY, call The Commission encourages this filing is to propose certain (202) 502–8659. electronic submission of protests and modifications to section 15 of the interventions in lieu of paper using the Magalie R. Salas, General Terms and Conditions of Kern ‘‘eFiling’’ link at http://www.ferc.gov. River’s tariff, ‘‘Capacity Release Secretary. Persons unable to file electronically Program,’’ and to the forms of Exhibits [FR Doc. E4–2642 Filed 10–14–04; 8:45 am] should submit an original and 14 copies ‘‘RS’’ and ‘‘RP’’ pertaining to released BILLING CODE 6717–01–P of the protest or intervention to the and replacement transportation service Federal Energy Regulatory Commission, agreements, respectively. Specifically, 888 First Street, NE., Washington, DC Kern River states that it is proposing: (1) DEPARTMENT OF ENERGY 20426. to clarify Kern River’s current policies This filing is accessible on-line at Federal Energy Regulatory http://www.ferc.gov, using the and procedures pertaining to both Commission temporary and permanent capacity ‘‘eLibrary’’ link and is available for releases; and (2) to address review in the Commission’s Public contingencies and shipper-defined bid [Docket No. RP05–4–000] Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the evaluation methodologies for released Maritimes & Northeast Pipeline, L.L.C.; capacity. Web site that enables subscribers to Notice of Proposed Changes in FERC receive e-mail notification when a Kern River states that it has served a Gas Tariff document is added to a subscribed copy of this filing upon its customers October 7, 2004. docket(s). For assistance with any FERC and interested state regulatory Online service, please e-mail Take notice that on October 1, 2004, commissions. [email protected], or call Maritimes & Northeast Pipeline, L.L.C. Any person desiring to intervene or to (866) 208–3676 (toll free). For TTY, call (Maritimes) tendered for filing as part of protest this filing must file in (202) 502–8659. accordance with Rules 211 and 214 of its FERC Gas Tariff, First Revised the Commission’s Rules of Practice and Volume No. 1, First Revised Sixth Magalie R. Salas, Procedure (18 CFR 385.211 and Revised Sheet No. 11, to become Secretary. 385.214). Protests will be considered by effective on November 1, 2004. [FR Doc. E4–2626 Filed 10–14–04; 8:45 am] the Commission in determining the Maritimes states that it is making this BILLING CODE 6717–01–P appropriate action to be taken, but will Fuel Retainage Quantity (FRQ) filing not serve to make protestants parties to pursuant to section 20 of the General the proceeding. Any person wishing to Terms and Conditions (GT&C) of its DEPARTMENT OF ENERGY become a party must file a notice of FERC Gas Tariff. Maritimes further states that it is proposing a decrease of Federal Energy Regulatory intervention or motion to intervene, as Commission appropriate. Such notices, motions, or 0.10% to the Fuel Retainage Percentage protests must be filed in accordance (FRP) for the Spring Shoulder, Summer [Docket No. RP05–9–000] with the provisions of Section 154.210 and Fall Shoulder Periods. The of the Commission’s regulations (18 CFR projected FRP for the Spring Shoulder, Northern Natural Gas Company; Notice 154.210). Anyone filing an intervention Summer and Fall Shoulder Periods is of Proposed Changes in FERC Gas or protest must serve a copy of that 1.00%. The projected FRP for the Tariff Winter Period is 1.10%. document on the Applicant. Anyone October 7, 2004. filing an intervention or protest on or Maritimes states that copies of this filing were mailed to all affected Take notice that Northern Natural Gas before the intervention or protest date Company (Northern), on October 1, need not serve motions to intervene or customers of Maritimes and interested state commissions. 2004, tendered for filing as part of its protests on persons other than the FERC Gas Tariff, Fifth Revised Volume Applicant. Any person desiring to intervene or to protest this filing must file in No. 1, the following tariff sheets: The Commission encourages accordance with Rules 211 and 214 of Eighth Revised Sheet No. 1 electronic submission of protests and the Commission’s Rules of Practice and Seventh Revised Sheet No. 66C interventions in lieu of paper using the Procedure (18 CFR 385.211 and Northern states that it is filing the ‘‘eFiling’’ link at http://www.ferc.gov. 385.214). Protests will be considered by above-referenced tariff sheets to submit Persons unable to file electronically the Commission in determining the a Rate Schedule TFX service agreement should submit an original and 14 copies appropriate action to be taken, but will for Commission acceptance as a non- of the protest or intervention to the not serve to make protestants parties to conforming agreement. Federal Energy Regulatory Commission, the proceeding. Any person wishing to Northern further states that copies of 888 First Street, NE., Washington, DC become a party must file a notice of the filing have been mailed to each of 20426. intervention or motion to intervene, as its customers and interested State This filing is accessible on-line at appropriate. Such notices, motions, or Commissions. http://www.ferc.gov, using the protests must be filed in accordance Any person desiring to intervene or to ‘‘eLibrary’’ link and is available for with the provisions of Section 154.210 protest this filing must file in review in the Commission’s Public of the Commission’s regulations (18 CFR accordance with Rules 211 and 214 of Reference Room in Washington, DC. 154.210). Anyone filing an intervention the Commission’s Rules of Practice and There is an ‘‘eSubscription’’ link on the or protest must serve a copy of that Procedure (18 CFR 385.211 and Web site that enables subscribers to document on the Applicant. Anyone 385.214). Protests will be considered by receive email notification when a filing an intervention or protest on or the Commission in determining the document is added to a subscribed before the intervention or protest date appropriate action to be taken, but will docket(s). For assistance with any FERC need not serve motions to intervene or not serve to make protestants parties to Online service, please email protests on persons other than the the proceeding. Any person wishing to [email protected], or call Applicant. become a party must file a notice of
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intervention or motion to intervene, as Service Ratemaking for Natural Gas filing two Rate Schedule TF–1 non- appropriate. Such notices, motions, or Pipelines. conforming service agreements. protests must be filed in accordance Any person desiring to protest this Northwest states that the purpose of with the provisions of Section 154.210 filing must file in accordance with Rule this filing is to: (1) Submit two Rate of the Commission’s regulations (18 CFR 211 of the Commission’s Rules of Schedule TF–1 service agreements 154.210). Anyone filing an intervention Practice and Procedure (18 CFR containing contract-specific operational or protest must serve a copy of that 385.211). Protests to this filing will be flow order provisions that do not document on the Applicant. Anyone considered by the Commission in conform to the Rate Schedule TF–1 form filing an intervention or protest on or determining the appropriate action to be of service agreement contained in before the intervention or protest date taken, but will not serve to make Northwest’s tariff, (2) add these need not serve motions to intervene or protestants parties to the proceeding. agreements to the list of non-conforming protests on persons other than the Such protests must be filed in service agreements in Northwest’s tariff; Applicant. accordance with the provisions of and (3) remove three service agreement The Commission encourages Section 154.210 of the Commission’s due to termination from the list of electronic submission of protests and regulations (18 CFR 154.210). Anyone nonconforming service agreements in interventions in lieu of paper using the filing a protest must serve a copy of that Northwest’s tariff. ‘‘eFiling’’ link at http://www.ferc.gov. document on all the parties to the Any person desiring to intervene or to Persons unable to file electronically proceeding. protest this filing must file in should submit an original and 14 copies The Commission encourages accordance with Rules 211 and 214 of of the protest or intervention to the electronic submission of protests in lieu the Commission’s Rules of Practice and Federal Energy Regulatory Commission, of paper using the ‘‘eFiling’’ link at Procedure (18 CFR 385.211 and 888 First Street, NE., Washington, DC http://www.ferc.gov. Persons unable to 385.214). Protests will be considered by 20426. file electronically should submit an the Commission in determining the This filing is accessible on-line at original and 14 copies of the protest to appropriate action to be taken, but will http://www.ferc.gov, using the the Federal Energy Regulatory not serve to make protestants parties to ‘‘eLibrary’’ link and is available for Commission, 888 First Street, NE., the proceeding. Any person wishing to review in the Commission’s Public Washington, DC 20426. become a party must file a notice of Reference Room in Washington, DC. This filing is accessible on-line at intervention or motion to intervene, as There is an ‘‘eSubscription’’ link on the http://www.ferc.gov, using the appropriate. Such notices, motions, or Web site that enables subscribers to ‘‘eLibrary’’ link and is available for protests must be filed in accordance receive e-mail notification when a review in the Commission’s Public with the provisions of Section 154.210 document is added to a subscribed Reference Room in Washington, D.C. of the Commission’s regulations (18 CFR docket(s). For assistance with any FERC There is an ‘‘eSubscription’’ link on the 154.210). Anyone filing an intervention Online service, please e-mail web site that enables subscribers to or protest must serve a copy of that [email protected], or call receive email notification when a document on the Applicant. Anyone (866) 208–3676 (toll free). For TTY, call document is added to a subscribed filing an intervention or protest on or (202) 502–8659. docket(s). For assistance with any FERC before the intervention or protest date Online service, please email need not serve motions to intervene or Magalie R. Salas, [email protected], or call protests on persons other than the Secretary. (866) 208–3676 (toll free). For TTY, call Applicant. The Commission encourages [FR Doc. E4–2631 Filed 10–14–04; 8:45 am] (202) 502–8659. BILLING CODE 6717–01–P electronic submission of protests and Magalie R. Salas, interventions in lieu of paper using the Secretary. ‘‘eFiling’’ link at http://www.ferc.gov. DEPARTMENT OF ENERGY [FR Doc. E4–2633 Filed 10–14–04; 8:45 am] Persons unable to file electronically BILLING CODE 6717–01–P should submit an original and 14 copies Federal Energy Regulatory of the protest or intervention to the Commission Federal Energy Regulatory Commission, DEPARTMENT OF ENERGY 888 First Street, NE., Washington, DC [Docket No. RP96–272–053] 20426. Northern Natural Gas Company; Notice Federal Energy Regulatory This filing is accessible on-line at of Proposed Changes in Gas Tariff Commission http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for October 6, 2004. [Docket No. RP04–621–000] review in the Commission’s Public Take notice that Northern Natural Gas Reference Room in Washington, DC. Company (Northern) on September 30, Northwest Pipeline Corporation; Notice There is an ‘‘eSubscription’’ link on the 2004 tendered for filing to become part of Proposed Changes in FERC Gas Web site that enables subscribers to of Northern’s Gas Tariff, the following Tariff and Filing of Non-Conforming receive e-mail notification when a tariff sheets proposed to be effective on Service Agreements document is added to a subscribed October 1, 2004: docket(s). For assistance with any FERC October 7, 2004. Online service, please e-mail Fifth Revised Volume No. 1 Take notice that on September 30, 34 Revised Sheet No. 66 [email protected], or call 2004, Northwest Pipeline Corporation (866) 208–3676 (toll free). For TTY, call Northern states that the above sheets (Northwest) tendered for filing as part of (202) 502–8659. are being filed to implement a specific its FERC Gas Tariff, Third Revised negotiated rate transaction with Iowa Volume No. 1, Fifth Revised Sheet No. Magalie R. Salas, Falls Ethanol Plant LLC in accordance 371 and Eighth Revised Sheet No. 373, Secretary. with the Commission’s Policy Statement to become effective November 1, 2004. [FR Doc. E4–2644 Filed 10–14–04; 8:45 am] on Alternatives to Traditional Cost-of- Northwest states that it also tendered for BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY docket(s). For assistance with any FERC Persons unable to file electronically Online service, please e-mail should submit an original and 14 copies Federal Energy Regulatory [email protected], or call of the protest or intervention to the Commission (866) 208–3676 (toll free). For TTY, call Federal Energy Regulatory Commission, [Docket No. RP04–608–000] (202) 502–8659. 888 First Street, NE., Washington, DC 20426. Magalie R. Salas, OkTex Pipeline Company; Notice of This filing is accessible on-line at Secretary. Tariff Filing http://www.ferc.gov, using the [FR Doc. E4–2637 Filed 10–14–04; 8:45 am] ‘‘eLibrary’’ link and is available for October 7, 2004. BILLING CODE 6717–01–P review in the Commission’s Public Take notice that on September 24, Reference Room in Washington, DC. 2004, OkTex Pipeline Company (OkTex) There is an ‘‘eSubscription’’ link on the tendered for filing as part of its FERC DEPARTMENT OF ENERGY Web site that enables subscribers to Gas Tariff, Original Volume No. 1, the receive e-mail notification when a following tariff sheets, with an effective Federal Energy Regulatory Commission document is added to a subscribed date of October 1, 2004: docket(s). For assistance with any FERC 15th Revised Sheet No. 5 [Docket No. RP05–10–000] Online service, please e-mail 4th Revised Sheet No. 5A [email protected], or call 1st Revised Sheet No. 5B Panhandle Eastern Pipe Line (866) 208–3676 (toll free). For TTY, call 1st Revised Sheet No. 5C Company, LP; Notice of Proposed (202) 502–8659. Changes in FERC Gas Tariff OkTex states that the purpose of the Magalie R. Salas, filing is to reflect a change in its ACA October 7, 2004. Secretary. surcharge from $0.0021 to $0.0019 for Take notice that on October 1, 2004, [FR Doc. E4–2646 Filed 10–14–04; 8:45 am] the period October 1, 2004 through Panhandle Eastern Pipe Line Company, BILLING CODE 6717–01–P September 30, 2005. LP (Panhandle) tendered for filing as Any person desiring to intervene or to part of its FERC Gas Tariff, Third protest this filing must file in Revised Volume No. 1, the revised tariff DEPARTMENT OF ENERGY accordance with Rules 211 and 214 of sheets listed on Appendix A attached to the Commission’s Rules of Practice and the filing, to become effective November Federal Energy Regulatory Procedure (18 CFR 385.211 and 1, 2004. Commission 385.214). Protests will be considered by Panhandle states that this filing is [Docket No. EC04–102–000] the Commission in determining the made in accordance with section 24 appropriate action to be taken, but will (Fuel Reimbursement Adjustment) of Portland General Electric Company, not serve to make protestants parties to the General Terms and Conditions PGE Trust; Notice of Filing the proceeding. Any person wishing to (GT&C) in Panhandle’s FERC Gas Tariff, become a party must file a notice of Third Revised Volume No. 1, and that October 6, 2004. intervention or motion to intervene, as the purpose of the filing is to update the Take notice that on September 7, appropriate. Such notices, motions, or fuel reimbursement percentages 2004, Portland General Electric Co. and protests must be filed in accordance proposed to be effective November 1, Enron Corp., filed with the Commission with the provisions of Section 154.210 2004. a Notice of Withdrawal of the of the Commission’s regulations (18 CFR Any person desiring to intervene or to application filed on April 29, 2004 in 154.210). Anyone filing an intervention protest this filing must file in the above-referenced docket. or protest must serve a copy of that accordance with Rules 211 and 214 of Any person desiring to intervene or to document on the Applicant. Anyone the Commission’s Rules of Practice and protest this filing must file in filing an intervention or protest on or Procedure (18 CFR 385.211 and accordance with Rules 211 and 214 of before the intervention or protest date 385.214). Protests will be considered by the Commission’s Rules of Practice and need not serve motions to intervene or the Commission in determining the Procedure (18 CFR 385.211, 385.214). protests on persons other than the appropriate action to be taken, but will Protests will be considered by the Applicant. not serve to make protestants parties to Commission in determining the The Commission encourages the proceeding. Any person wishing to appropriate action to be taken, but will electronic submission of protests and become a party must file a notice of not serve to make protestants parties to interventions in lieu of paper using the intervention or motion to intervene, as the proceeding. Any person wishing to ‘‘eFiling’’ link at http://www.ferc.gov. appropriate. Such notices, motions, or become a party must file a notice of Persons unable to file electronically protests must be filed in accordance intervention or motion to intervene, as should submit an original and 14 copies with the provisions of Section 154.210 appropriate. Such notices, motions, or of the protest or intervention to the of the Commission’s regulations (18 CFR protests must be filed on or before the Federal Energy Regulatory Commission, 154.210). Anyone filing an intervention comment date. Anyone filing a motion 888 First Street, NE., Washington, DC or protest must serve a copy of that to intervene or protest must serve a copy 20426. document on the Applicant. Anyone of that document on the Applicant and This filing is accessible on-line at filing an intervention or protest on or all the parties in this proceeding. http://www.ferc.gov, using the before the intervention or protest date The Commission encourages ‘‘eLibrary’’ link and is available for need not serve motions to intervene or electronic submission of protests and review in the Commission’s Public protests on persons other than the interventions in lieu of paper using the Reference Room in Washington, DC. Applicant. ‘‘eFiling’’ link at http://www.ferc.gov. There is an ‘‘eSubscription’’ link on the The Commission encourages Persons unable to file electronically Web site that enables subscribers to electronic submission of protests and should submit an original and 14 copies receive e-mail notification when a interventions in lieu of paper using the of the protest or intervention to the document is added to a subscribed ‘‘eFiling’’ link at http://www.ferc.gov. Federal Energy Regulatory Commission,
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888 First Street, NE., Washington, DC document on the Applicant. Anyone accordance with Rules 211 and 214 of 20426. filing an intervention or protest on or the Commission’s Rules of Practice and This filing is accessible on-line at before the intervention or protest date Procedure (18 CFR 385.211 and http://www.ferc.gov, using the need not serve motions to intervene or 385.214). Protests will be considered by ‘‘eLibrary’’ link and is available for protests on persons other than the the Commission in determining the review in the Commission’s Public Applicant. appropriate action to be taken, but will Reference Room in Washington, DC. The Commission encourages not serve to make protestants parties to There is an ‘‘eSubscription’’ link on the electronic submission of protests and the proceeding. Any person wishing to Web site that enables subscribers to interventions in lieu of paper using the become a party must file a notice of receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. intervention or motion to intervene, as document is added to a subscribed Persons unable to file electronically appropriate. Such notices, motions, or docket(s). For assistance with any FERC should submit an original and 14 copies protests must be filed in accordance Online service, please e-mail of the protest or intervention to the with the provisions of Section 154.210 [email protected], or call Federal Energy Regulatory Commission, of the Commission’s regulations (18 CFR (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC 154.210). Anyone filing an intervention (202) 502–8659. 20426. or protest must serve a copy of that Comment Date: 5 p.m. Eastern Time This filing is accessible on-line at document on the Applicant. Anyone on October 18, 2004. http://www.ferc.gov, using the filing an intervention or protest on or ‘‘eLibrary’’ link and is available for before the intervention or protest date Linda Mitry, review in the Commission’s Public need not serve motions to intervene or Acting Secretary. Reference Room in Washington, DC. protests on persons other than the [FR Doc. E4–2611 Filed 10–14–04; 8:45 am] There is an ‘‘eSubscription’’ link on the Applicant. BILLING CODE 6717–01–P Web site that enables subscribers to The Commission encourages receive e-mail notification when a electronic submission of protests and document is added to a subscribed interventions in lieu of paper using the DEPARTMENT OF ENERGY docket(s). For assistance with any FERC ‘‘eFiling’’ link at http://www.ferc.gov. Federal Energy Regulatory Online service, please e-mail Persons unable to file electronically Commission [email protected], or call should submit an original and 14 copies (866) 208–3676 (toll free). For TTY, call of the protest or intervention to the [Docket No. RP99–513–034] (202) 502–8659. Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC Magalie R. Salas, Questar Pipeline Company; Notice of 20426. Negotiated Rates Secretary. This filing is accessible on-line at [FR Doc. E4–2623 Filed 10–14–04; 8:45 am] October 7, 2004. http://www.ferc.gov, using the BILLING CODE 6717–01–P Take notice that on October 1, 2004, ‘‘eLibrary’’ link and is available for Questar Pipeline Company (Questar) review in the Commission’s Public Reference Room in Washington, DC. tendered for filing as part of its FERC DEPARTMENT OF ENERGY Gas Tariff, First Revised Volume No. 1, There is an ‘‘eSubscription’’ link on the Thirty-Fifth Revised Sheet No. 7, with Federal Energy Regulatory Web site that enables subscribers to an effective date of October 1, 2004. Commission receive email notification when a Questar states that the tariff filing is document is added to a subscribed [Docket No. RP05–1–000] being filed to reflect the addition of two docket(s). For assistance with any FERC new negotiated-rate contracts with its Online service, please email SCG Pipeline, Inc.; Notice of Proposed [email protected], or call customers. Changes in FERC Gas Tariff Questar states that a copy of this filing (866) 208–3676 (toll free). For TTY, call has been served upon all parties to this October 7, 2004. (202) 502–8659. proceeding, Questar’s customers, the Take notice that on October 1, 2004, Magalie R. Salas, Public Service Commission of Utah and SCG Pipeline, Inc. (SCG) tendered for Secretary. the Public Service Commission of filing as part of its FERC Gas Tariff, [FR Doc. E4–2645 Filed 10–14–04; 8:45 am] Wyoming. Volume No. 1, Original Volume No. 1, Any person desiring to intervene or to First Revised Sheet No. 8, to become BILLING CODE 6717–01–P protest this filing must file in effective November 1, 2004. accordance with Rules 211 and 214 of SCG states that the purpose of this DEPARTMENT OF ENERGY the Commission’s Rules of Practice and filing is to propose an adjustment to Procedure (18 CFR 385.211 and reflect a change in SCG’s Fuel Retainage Federal Energy Regulatory 385.214). Protests will be considered by Percentage, pursuant to section 22 of the Commission the Commission in determining the General Terms and Conditions of SCG’s appropriate action to be taken, but will Tariff. SCG further states that the filing [Docket No. RP05–11–000] not serve to make protestants parties to provides for shipper refunds to clear the the proceeding. Any person wishing to balance in SCG’s Fuel Retainage Southwest Gas Storage Company; become a party must file a notice of Quantity Deferred Account on July 31, Notice of Tariff Filing intervention or motion to intervene, as 2004. appropriate. Such notices, motions, or SCG states that a copy of this filing October 7, 2004. protests must be filed in accordance has been served on SCG’s customers and Take notice that on October 1, 2004, with the provisions of Section 154.210 on interested State regulatory Southwest Gas Storage Company of the Commission’s regulations (18 CFR commissions. (Southwest) tendered for filing as part of 154.210). Anyone filing an intervention Any person desiring to intervene or to its FERC Gas Tariff, First Revised or protest must serve a copy of that protest this filing must file in Volume No. 1, Twelfth Revised Sheet
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No. 5, to become effective November 1, DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call 2004. (202) 502–8659. Federal Energy Regulatory Southwest states that filing is made in Commission Magalie R. Salas, accordance with section 16 (Fuel Secretary. Reimbursement Adjustment) of the [FR Doc. E4–2616 Filed 10–14–04; 8:45 am] General Terms and Conditions (GT&C) [Docket No. RP96–312–141] BILLING CODE 6717–01–P in Southwest’s FERC Gas Tariff, First Tennessee Gas Pipeline Company; Revised Volume No. 1, and that the Notice of Negotiated Rate purpose of the filing is to update the DEPARTMENT OF ENERGY fuel reimbursement percentages October 7, 2004. proposed to be effective November 1, Take notice that on October 1, 2004, Federal Energy Regulatory 2004. Tennessee Pipeline Company Commission Any person desiring to intervene or to (Tennessee) tendered for filing a protest this filing must file in negotiated rate arrangement between [Docket No. RP96–312–142] accordance with Rules 211 and 214 of Tennessee and Constellation Power the Commission’s Rules of Practice and Service, Inc. Tennessee Gas Pipeline Company; Notice of Negotiated Rate Procedure (18 CFR 385.211 and Tennessee requests that the negotiated 385.214). Protests will be considered by rate arrangement between Tennessee October 7, 2004. the Commission in determining the and Constellation become effective on appropriate action to be taken, but will November 1, 2004. Take notice that on October 4, 2004, not serve to make protestants parties to Tennessee Pipeline Company Any person desiring to intervene or to (Tennessee) tendered for filing a the proceeding. Any person wishing to protest this filing must file in negotiated rate arrangement between become a party must file a notice of accordance with Rules 211 and 214 of Tennessee and NJR Energy Services intervention or motion to intervene, as the Commission’s Rules of Practice and Company. appropriate. Such notices, motions, or Procedure (18 CFR 385.211 and protests must be filed in accordance 385.214). Protests will be considered by Tennessee requests that the negotiated with the provisions of Section 154.210 the Commission in determining the rate arrangement between Tennessee of the Commission’s regulations (18 CFR appropriate action to be taken, but will and NJR become effective on November 154.210). Anyone filing an intervention not serve to make protestants parties to 1, 2004. or protest must serve a copy of that the proceeding. Any person wishing to Any person desiring to protest this document on the Applicant. Anyone become a party must file a notice of filing must file in accordance with Rule filing an intervention or protest on or intervention or motion to intervene, as 211 of the Commission’s Rules of before the intervention or protest date appropriate. Such notices, motions, or Practice and Procedure (18 CFR need not serve motions to intervene or protests must be filed in accordance 385.211). Protests to this filing will be protests on persons other than the with the provisions of Section 154.210 considered by the Commission in Applicant. of the Commission’s regulations (18 CFR determining the appropriate action to be 154.210). Anyone filing an intervention taken, but will not serve to make The Commission encourages or protest must serve a copy of that protestants parties to the proceeding. electronic submission of protests and document on the Applicant. Anyone Such protests must be filed in interventions in lieu of paper using the filing an intervention or protest on or accordance with the provisions of ‘‘eFiling’’ link at http://www.ferc.gov. before the intervention or protest date Section 154.210 of the Commission’s Persons unable to file electronically need not serve motions to intervene or regulations (18 CFR 154.210). Anyone should submit an original and 14 copies protests on persons other than the filing a protest must serve a copy of that of the protest or intervention to the Applicant. document on all the parties to the Federal Energy Regulatory Commission, The Commission encourages proceeding. 888 First Street, NE., Washington, DC electronic submission of protests and The Commission encourages 20426. interventions in lieu of paper using the electronic submission of protests in lieu This filing is accessible on-line at ‘‘eFiling’’ link at http://www.ferc.gov. of paper using the ‘‘eFiling’’ link at http://www.ferc.gov, using the Persons unable to file electronically http://www.ferc.gov. Persons unable to ‘‘eLibrary’’ link and is available for should submit an original and 14 copies file electronically should submit an review in the Commission’s Public of the protest or intervention to the original and 14 copies of the protest to Reference Room in Washington, DC. Federal Energy Regulatory Commission, the Federal Energy Regulatory There is an ‘‘eSubscription’’ link on the 888 First Street, NE., Washington, DC Commission, 888 First Street, NE., web site that enables subscribers to 20426. Washington, DC 20426. receive email notification when a This filing is accessible on-line at This filing is accessible on-line at document is added to a subscribed http://www.ferc.gov, using the http://www.ferc.gov, using the docket(s). For assistance with any FERC ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for Online service, please email review in the Commission’s Public review in the Commission’s Public [email protected], or call Reference Room in Washington, DC. Reference Room in Washington, DC. (866) 208–3676 (toll free). For TTY, call There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the (202) 502–8659. web site that enables subscribers to Web site that enables subscribers to receive e-mail notification when a receive e-mail notification when a Magalie R. Salas, document is added to a subscribed document is added to a subscribed Secretary. docket(s). For assistance with any FERC docket(s). For assistance with any FERC [FR Doc. E4–2647 Filed 10–14–04; 8:45 am] Online service, please e-mail Online service, please e-mail BILLING CODE 6717–01–P [email protected], or call [email protected], or call
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(866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call This filing is accessible on-line at (202) 502–8659. (202) 502–8659. http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for Magalie R. Salas, Magalie R. Salas, review in the Commission’s Public Secretary. Secretary. Reference Room in Washington, DC. [FR Doc. E4–2617 Filed 10–14–04; 8:45 am] [FR Doc. E4–2652 Filed 10–14–04; 8:45 am] There is an ‘‘eSubscription’’ link on the BILLING CODE 6717–01–P BILLING CODE 6717–01–P Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY docket(s). For assistance with any FERC Federal Energy Regulatory Federal Energy Regulatory Online service, please e-mail Commission Commission [email protected], or call (866) 208–3676 (toll free). For TTY, call [Docket No. RP05–16–000] [Docket No. RP99–480–010] (202) 502–8659. Magalie R. Salas, Tennessee Gas Pipeline Company; Texas Eastern Transmission, LP; Notice of Proposed Changes in FERC Notice of Negotiated Rate Secretary. Gas Tariff [FR Doc. E4–2622 Filed 10–14–04; 8:45 am] October 7, 2004. BILLING CODE 6717–01–P October 7, 2004. Take notice that on October 4, 2004, Take notice that on October 5, 2004, Texas Eastern Transmission, LP (Texas Tennessee Gas Pipeline Company Eastern) tendered for filing as a part of DEPARTMENT OF ENERGY (Tennessee), tendered for filing as part its FERC Gas Tariff, Seventh Revised of its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff Federal Energy Regulatory Volume No. 1, Fifth Revised Sheet No. sheets, to become effective on November Commission 413A, to become effective November 1, 1, 2004: 2004. [Docket No. RP04–482–001] Any person desiring to intervene or to Original Sheet No. 109 protest this filing must file in Original Sheet No. 110 Texas Eastern Transmission, LP; accordance with Rules 211 and 214 of Original Sheet No. 111 Sheet Nos. 112–125 Notice of Compliance Filing the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and Texas Eastern states that the purpose October 7, 2004. 385.214). Protests will be considered by of this filing is to implement the Take notice that on October 1, 2004, the Commission in determining the negotiated rate agreements for firm Texas Eastern Transmission, LP (Texas appropriate action to be taken, but will transportation service to be rendered to Eastern) submitted a compliance filing not serve to make protestants parties to Bridgeport, Dalton and Piedmont by pursuant to the Commission’s Order the proceeding. Any person wishing to means of the M–1 Expansion Project Texas Eastern Transmission, LP, 108 become a party must file a notice of facilities approved by the Commission FERC ¶ 61,274 (2004), issued on intervention or motion to intervene, as in Docket No. CP02–381. September 21, 2004, in Docket No. appropriate. Such notices, motions, or Any person desiring to intervene or to RP04–482–000. protests must be filed in accordance protest this filing must file in Texas Eastern states that copies of the with the provisions of Section 154.210 accordance with Rules 211 and 214 of filing were served upon all affected of the Commission’s regulations (18 CFR the Commission’s Rules of Practice and customers of Texas Eastern and 154.210). Anyone filing an intervention Procedure (18 CFR 385.211 and interested state commissions, as well as or protest must serve a copy of that 385.214). Protests will be considered by upon all parties on the Commission’s document on all parties in this the Commission in determining the official service list in this proceeding. proceeding. appropriate action to be taken, but will Any person desiring to protest this The Commission encourages not serve to make protestants parties to filing must file in accordance with Rule electronic submission of protests and the proceeding. Any person wishing to 211 of the Commission’s Rules of interventions in lieu of paper using the become a party must file a notice of Practice and Procedure (18 CFR ‘‘eFiling’’ link at http://www.ferc.gov. intervention or motion to intervene, as 385.211). Protests to this filing will be Persons unable to file electronically appropriate. Such notices, motions, or considered by the Commission in should submit an original and 14 copies protests must be filed in accordance determining the appropriate action to be of the protest or intervention to the with the provisions of Section 154.210 taken, but will not serve to make Federal Energy Regulatory Commission, of the Commission’s regulations (18 CFR protestants parties to the proceeding. 888 First Street, NE., Washington, DC 154.210). Anyone filing an intervention Such protests must be filed in 20426. or protest must serve a copy of that accordance with the provisions of This filing is accessible on-line at document on all parties to this Section 154.210 of the Commission’s http://www.ferc.gov, using the proceeding. regulations (18 CFR 154.210). Anyone ‘‘eLibrary’’ link and is available for The Commission encourages filing a protest must serve a copy of that review in the Commission’s Public electronic submission of protests and document on all the parties to the Reference Room in Washington, DC. interventions in lieu of paper using the proceeding. There is an ‘‘eSubscription’’ link on the ‘‘eFiling’’ link at http://www.ferc.gov. The Commission encourages Web site that enables subscribers to Persons unable to file electronically electronic submission of protests in lieu receive e-mail notification when a should submit an original and 14 copies of paper using the ‘‘eFiling’’ link at document is added to a subscribed of the protest or intervention to the http://www.ferc.gov. Persons unable to docket(s). For assistance with any FERC Federal Energy Regulatory Commission, file electronically should submit an Online service, please e-mail 888 First Street, NE., Washington, DC original and 14 copies of the protest to [email protected], or call 20426. the Federal Energy Regulatory
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Commission, 888 First Street, NE., Commission, 888 First Street, NE., Procedure.1 Tractebel states that the Washington, DC 20426. Washington, DC 20426. Settlement resolves, as between This filing is accessible on-line at This filing is accessible on-line at Tractebel and FGT, the same http://www.ferc.gov, using the http://www.ferc.gov, using the interconnection issues under ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for consideration in Ocean Express’ review in the Commission’s Public review in the Commission’s Public complaint proceeding against FGT in Reference Room in Washington, DC. Reference Room in Washington, DC. Docket No. RP04–249–000. However, There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the Tractebel notes that the instant Web site that enables subscribers to Web site that enables subscribers to Settlement does not purport to affect the receive email notification when a receive email notification when a outcome of the complaint proceeding. document is added to a subscribed document is added to a subscribed Any person desiring to intervene in docket(s). For assistance with any FERC docket(s). For assistance with any FERC the proceeding in Docket No. RP04– Online service, please email Online service, please email 623–000; or to protest the filing in [email protected], or call [email protected], or call Docket No. CP01–411–006 or Docket (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call No. RP04–623–000, must file in (202) 502–8659. (202) 502–8659. accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Magalie R. Salas, Magalie R. Salas, Procedure (18 CFR 385.211 and Secretary. Secretary. 385.214). Protests will be considered by [FR Doc. E4–2635 Filed 10–14–04; 8:45 am] [FR Doc. E4–2636 Filed 10–14–04; 8:45 am] the Commission in determining the BILLING CODE 6717–01–P BILLING CODE 6717–01–P appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY become a party to the proceeding in Docket No. RP04–623–000 must file in Federal Energy Regulatory Federal Energy Regulatory accordance with the provisions of Commission Commission Section 154.210 of the Commission’s [Docket Nos. RP04–623–000 and CP01–411– regulations (18 CFR 154.210). Anyone [Docket No. RP04–512–001] 006] filing an intervention or protest must serve a copy of that document on the Texas Gas Transmission, LLC; Notice Tractebel Calypso Pipeline, LLC; Applicant. Anyone filing an of Tariff Filing Notice of Offer of Settlement and intervention or protest on or before the Shortened Comment Period October 7, 2004. intervention or protest date need not Take notice that on October 4, 2004, October 6, 2004. serve motions to intervene or protests Texas Gas Transmission, LLC (Texas Take notice that on September 29, on persons other than the Applicant. The Commission encourages Gas) tendered for filing as part of its 2004, Tractebel Calypso Pipeline, LLC electronic submission of protests and FERC Gas Tariff, Second Revised (Tractebel) filed an Offer of Settlement interventions in lieu of paper using the Volume No. 1, Substitute Second on the terms of an Interconnection ‘‘eFiling’’ link at http://www.ferc.gov. Revised Sheet No. 33, to become Agreement dated September 23, 2004 Persons unable to file electronically effective October 1, 2004. (Agreement) between itself and Florida should submit an original and 14 copies Texas Gas states that the purpose of Gas Transmission Company (FGT) for of the protest or intervention to the this filing is to submit a substitute Tractebel’s delivery of revaporized Federal Energy Regulatory Commission, revised tariff sheet, in order to capture liquefied natural gas (LNG) to FGT 888 First Street, NE., Washington, DC changes recently approved by the through future interconnecting facilities. 20426. Commission in two previous filings. Among other things, the Agreement sets Tractebel requests a shortened Any person desiring to protest this forth terms for financial reimbursement comment period under Rule 602 of 10 filing must file in accordance with Rule and indemnification between the days for Comments, followed by 10 days 211 of the Commission’s Rules of parties; construction, ownership and for Reply Comments. In support of this Practice and Procedure (18 CFR operation of the interconnecting request, Tractebel represents that the 385.211). Protests to this filing will be facilities; and hourly flow and only parties directly affected by the considered by the Commission in minimum temperature requirements for Settlement are FGT, Tractebel, and its determining the appropriate action to be deliveries. Tractebel also included, as sole shipper, Tractebel Calypso LNG taken, but will not serve to make Appendix B to the Settlement, protestants parties to the proceeding. conforming revisions to its pro forma 1 Tractebel attempted to file the Settlement in Such protests must be filed in tariff, now under consideration by the Docket No. RP04–249–000, a complaint filed by accordance with the provisions of Commission in Docket No. CP01–411– Ocean Express against FGT wherein Tractebel Section 154.210 of the Commission’s 005. intervened and protested tariff revisions filed by FGT; and also in Docket No. CP01–409–000, the regulations (18 CFR 154.210). Anyone Tractebel represents that it served a proceeding wherein Tractebel was granted filing a protest must serve a copy of that copy of the filing on all participants in certificate authorization to construct and operate its document on all the parties to the a complaint proceeding brought by AES pipeline. The Settlement filed herein addresses, as proceeding. Ocean Express, LLC (Ocean Express) between Tractebel and FGT only, some of the same operational issues raised in Docket No. RP04–249– The Commission encourages against FGT in Docket No. RP04–249– 000, but is not intended to address those issues as electronic submission of protests in lieu 000; on all participants in Tractebel’s between Ocean Express and FGT. Therefore, since of paper using the ‘‘eFiling’’ link at certificate proceeding in Docket No. this filing brings a new matter before the http://www.ferc.gov. Persons unable to CP01–409–000, et al.; and on all other Commission, it is assigned new Docket No. RP04– 623–000. In addition, since this filing includes file electronically should submit an persons required to be served by revisions to Tractebel’s pro forma tariff, currently original and 14 copies of the protest to operation of Rule 602 of the under review in Docket No. CP01–411–005, this the Federal Energy Regulatory Commission’s Rules of Practice and filing is also assigned Docket No. CP01–411–006.
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Marketing, LLC (TC Marketing). Transco’s authorized contact person DEPARTMENT OF ENERGY Tractebel also states its belief that for this proceeding is Marg Camardello, although parties purchasing from TC Manager, Certificates and Tariffs, (713) Federal Energy Regulatory Marketing may have an indirect interest 215–3380, P.O. Box 1396, Houston, Commission in this filing, nothing in the Texas, 77251. Interconnection Agreement is [Docket No. RP96–359–022] Any person desiring to intervene or to inconsistent with the rights of such protest this filing must file in parties under FGT’s tariff. Tractebel Transcontinental Gas Pipe Line states that, as of the date of the filing, accordance with Rules 211 and 214 of Corporation; Notice of Filing the Commission’s Rules of Practice and it received consents to the shortened October 7, 2004. comment period from the Commission’s Procedure (18 CFR 385.211 and 385.214). Protests will be considered by Take notice that on September 30, Trial Staff in Docket No. RP04–249, 2004, Transcontinental Gas Pipe Line FGT, Florida Power & Light Company, the Commission in determining the appropriate action to be taken, but will Corporation (Transco) tendered for Peoples Gas System, Tampa Electric filing with the Federal Energy Company and TC Marketing. The not serve to make the protestants parties to the proceeding. Any person wishing Regulatory Commission a copy of an Commission finds that good cause has executed service agreement between to become a party must file a notice of been shown for a shortened comment Transco and Washington Gas Light intervention or a motion to intervene, as period. Accordingly, Initial Comments Company under Transco’s Rate on the Settlement at issue in the instant appropriate. Such notices, motions, or Schedule FT that contains a negotiated Notice are due no later than October 12, protests must be filed on or before the rate for firm transportation service 2004, and Reply Comments are due no comment date. Anyone filing a motion under Transco’s Leidy East Expansion later than October 22, 2004. to intervene or to protest must serve a Project. The effective date of this service This filing is accessible on-line at copy of that document on the Applicant. agreement and the negotiated rate is http://www.ferc.gov, using the On or before the comment date, it is not October 1, 2004. ‘‘eLibrary’’ link and is available for necessary to serve motions to intervene Any person desiring to protest this review in the Commission’s Public or protests on persons other than the filing must file in accordance with Rule Reference Room in Washington, DC. Applicant. 211 of the Commission’s Rules of There is an ‘‘eSubscription’’ link on the Practice and Procedure (18 CFR Web site that enables subscribers to The Commission encourages 385.211). Protests to this filing will be receive e-mail notification when a electronic submission of protests and considered by the Commission in document is added to a subscribed interventions in lieu of paper using the determining the appropriate action to be docket(s). For assistance with any FERC eFiling link at http://www.ferc.gov. taken, but will not serve to make Online service, please e-mail Persons unable to file electronically protestants parties to the proceeding. [email protected], or call should submit an original and 14 copies Such protests must be filed in (866) 208–3676 (toll free). For TTY, call of the protest or intervention to the accordance with the provisions of (202) 502–8659. Federal Energy Regulatory Commission, Section 154.210 of the Commission’s 888 First Street; NE., Washington, DC Magalie R. Salas, regulations (18 CFR 154.210). Anyone 20426. Secretary. filing a protest must serve a copy of that [FR Doc. E4–2615 Filed 10–14–04; 8:45 am] This filing is accessible on-line at document on all the parties to the BILLING CODE 6717–01–P http://www.ferc gov, using the eLibrary proceeding. link and is available for review in the The Commission encourages Commission’s Public Reference Room in electronic submission of protests in lieu DEPARTMENT OF ENERGY Washington, DC. There is an of paper using the ‘‘eFiling’’ link at eSubscription link on the Web site that http://www.ferc.gov. Persons unable to Federal Energy Regulatory enables subscribers to receive e-mail file electronically should submit an Commission notification when a document is added original and 14 copies of the protest to [Docket No. CP04–408–000] to a subscribed docket(s). For assistance the Federal Energy Regulatory with any FERC Online service, please e- Commission, 888 First Street, NE., Transcontinental Gas Pipe Line mail [email protected], or Washington, DC 20426. Corporation; Notice of Application for call (866) 208–3676, for TTY, call (202) This filing is accessible on-line at Abandonment 502–8659. http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for October 6, 2004. Comment Date: 5 p.m. Eastern Time review in the Commission’s Public Take notice that on September 2, 2004 on October 8, 2004. Reference Room in Washington, DC. Transcontinental Gas Pipe Line Magalie R. Salas, There is an ‘‘eSubscription’’ link on the Corporation (Transco), Post Office Box Web site that enables subscribers to Secretary. 1396, Houston, Texas, 77251, filed with receive e-mail notification when a the Federal Energy Regulatory [FR Doc. E4–2609 Filed 10–14–04; 8:45 am] document is added to a subscribed Commission (FERC) an application BILLING CODE 6717–01–P docket(s). For assistance with any FERC under section 7(b) of the Natural Gas Online service, please e-mail Act to abandon and amend for purposes [email protected], or call of consolidation, in accordance with the (866) 208–3676 (toll free). For TTY, call provisions in section 22 of the General (202) 502–8659. Terms and Conditions in its FERC Gas Tariff, certain service agreements under Magalie R. Salas, Transco’s Rate Schedule GSS for Secretary. Piedmont Natural Gas, Inc., as more [FR Doc. E4–2618 Filed 10–14–04; 8:45 am] fully described therein. BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call Persons unable to file electronically (202) 502–8659. should submit an original and 14 copies Federal Energy Regulatory of the protest or intervention to the Magalie R. Salas, Commission Federal Energy Regulatory Commission, Secretary. 888 First Street, NE., Washington, DC [FR Doc. E4–2648 Filed 10–14–04; 8:45 am] [Docket No. RP05–12–000] 20426. BILLING CODE 6717–01–P This filing is accessible on-line at Transcontinental Gas Pipe Line http://www.ferc.gov, using the Corporation; Notice of Proposed ‘‘eLibrary’’ link and is available for DEPARTMENT OF ENERGY Changes in FERC Gas Tariff review in the Commission’s Public Reference Room in Washington, DC. October 7, 2004. Federal Energy Regulatory Commission There is an ‘‘eSubscription’’ link on the Take notice that on October 1, 2004, web site that enables subscribers to Transcontinental Gas Pipe Line [Docket No. RP05–13–000] receive email notification when a Corporation (Transco) tendered for document is added to a subscribed filing as part of its FERC Gas Tariff, Transcontinental Gas Pipe Line docket(s). For assistance with any FERC Third Revised Volume No. 1, Twenty- Corporation; Notice of Proposed Online service, please e-mail First Revised Sheet No. 29, to become Changes in FERC Gas Tariff [email protected], or call effective November 1, 2004. October 7, 2004. (866) 208–3676 (toll free). For TTY, call Transco states that copies of the filing Take notice that on October 1, 2004, (202) 502–8659. are being mailed to affected customers Transcontinental Gas Pipe Line and interested State Commissions. Magalie R. Salas, Corporation (Transco) tendered for Secretary. Any person desiring to intervene or to filing as part of its FERC Gas Tariff, [FR Doc. E4–2649 Filed 10–14–04; 8:45 am] protest this filing must file in Third Revised Volume No. 1, the accordance with Rules 211 and 214 of following tariff sheets, to become BILLING CODE 6717–01–P the Commission’s Rules of Practice and effective October 1, 2004: Procedure (18 CFR 385.211 and 385.214). Protests will be considered by Thirty-Seventh Revised Sheet No. 27 DEPARTMENT OF ENERGY Twenty-Seventh Revised Sheet No. 28 the Commission in determining the Fifty-First Revised Sheet No. 28A Federal Energy Regulatory appropriate action to be taken, but will Thirty-First Revised Sheet No. 28C Commission not serve to make protestants parties to Fifty-Fourth Revised Sheet No. 50 the proceeding. Any person wishing to Transco states that included in become a party must file a notice of [Docket No. RP05–14–000] Appendices B through F attached to the intervention or motion to intervene, as filing are the explanations of the rate Transwestern Pipeline Company; appropriate. Such notices, motions, or changes and details regarding the Notice of Tariff Filing protests must be filed in accordance computation of the revised GSS, LSS, with the provisions of Section 154.210 SS–2, FT–NT and S–2 rates. October 7, 2004. of the Commission’s regulations (18 CFR Transco states that copies of the filing Take notice that on October 1, 2004, 154.210). Anyone filing an intervention are being mailed to affected customers Transwestern Pipeline Company, LLC or protest must serve a copy of that and interested State Commissions. (Transwestern) tendered for filing as document on the Applicant. Anyone Any person desiring to intervene or to part of its FERC Gas Tariff, Third filing an intervention or protest on or protest this filing must file in Revised Volume No. 1, the tariff sheets before the intervention or protest date accordance with Rules 211 and 214 of listed on Appendix A to the filing, to need not serve motions to intervene or the Commission’s Rules of Practice and reflect a change in name and corporate protests on persons other than the Procedure (18 CFR 385.211 and form. Transwestern further states that it Applicant. 385.214). Protests will be considered by has also tendered a cross-reference table The Commission encourages the Commission in determining the in Appendix B for review of currently electronic submission of protests and appropriate action to be taken, but will effective and pending tariff sheets interventions in lieu of paper using the not serve to make protestants parties to compared with proposed tariff sheets. ‘‘eFiling’’ link at http://www.ferc.gov. the proceeding. Any person wishing to Transwestern states that in addition to Persons unable to file electronically become a party must file a notice of the change in name and corporate form, should submit an original and 14 copies intervention or motion to intervene, as Transwestern is also proposing several of the protest or intervention to the appropriate. Such notices, motions, or minor clean-up edits to its Tariff. Federal Energy Regulatory Commission, protests must be filed in accordance Transwestern also states that all tariff 888 First Street, NE., Washington, DC. with the provisions of Section 154.210 changes are identified in Appendix B, 20426. of the Commission’s regulations (18 CFR with the corresponding redlined tariff This filing is accessible on-line at 154.210). Anyone filing an intervention sheets provided as Appendix C. http://www.ferc.gov, using the or protest must serve a copy of that Transwestern states that the revised ‘‘eLibrary’’ link and is available for document on the Applicant. Anyone tariff sheets reflect a name change that review in the Commission’s Public filing an intervention or protest on or is planned to occur on November 1, Reference Room in Washington, DC. before the intervention or protest date 2004. Transwestern states on that date it There is an ‘‘eSubscription’’ link on the need not serve motions to intervene or plans to convert from a corporation to web site that enables subscribers to protests on persons other than the a limited liability company and will receive email notification when a Applicant. change its name to Transwestern document is added to a subscribed The Commission encourages Pipeline Company, LLC. docket(s). For assistance with any FERC electronic submission of protests and Transwestern states that copies of its Online service, please email interventions in lieu of paper using the transmittal letter and Appendix B and [email protected], or call ‘‘eFiling’’ link at http://www.ferc.gov. Appendix C have been served on all
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affected customers and interested state sheets, to become effective November 1, (866) 208–3676 (toll free). For TTY, call commissions. 2004: (202) 502–8659. Any person desiring to intervene or to Fifth Revised Sheet No. 10 protest this filing must file in Magalie R. Salas, Fifth Revised Sheet No. 11 accordance with Rules 211 and 214 of Secretary. Fifth Revised Sheet No. 12 [FR Doc. E4–2627 Filed 10–14–04; 8:45 am] the Commission’s Rules of Practice and Fifth Revised Sheet No. 13 BILLING CODE 6717–01–P Procedure (18 CFR 385.211 and Fifth Revised Sheet No. 14 385.214). Protests will be considered by Fifth Revised Sheet No. 15 the Commission in determining the Fifth Revised Sheet No. 16 DEPARTMENT OF ENERGY appropriate action to be taken, but will Fifth Revised Sheet No. 17 not serve to make protestants parties to Federal Energy Regulatory the proceeding. Any person wishing to Trunkline states that this filing is Commission become a party must file a notice of made in accordance with section 22 intervention or motion to intervene, as (Fuel Reimbursement Adjustment) of appropriate. Such notices, motions, or Trunkline’s FERC Gas Tariff, Third [Docket No. RP05–8–000] protests must be filed in accordance Revised Volume No. 1, and that the Viking Gas Transmission Company; with the provisions of Section 154.210 purpose of the filing is to update the Notice of Tariff Filing of the Commission’s regulations (18 CFR fuel reimbursement percentages 154.210). Anyone filing an intervention proposed to be effective November 1, October 7, 2004. or protest must serve a copy of that 2004. Take notice that on October 1, 2004, document on all parties to this Any person desiring to intervene or to Viking Gas Transmission Company proceeding. (Viking) tendered for filing to be part of The Commission encourages protest this filing must file in accordance with Rules 211 and 214 of its FERC Gas Tariff, First Revised electronic submission of protests and Volume No. 1, Tenth Revised Sheet No. the Commission’s Rules of Practice and interventions in lieu of paper using the 5B, to become effective November 1, Procedure (18 CFR 385.211 and ‘‘eFiling’’ link at http://www.ferc.gov. 2004. 385.214). Protests will be considered by Persons unable to file electronically Viking states that the purpose of this the Commission in determining the should submit an original and 14 copies filing is to make Viking’s semi-annual of the protest or intervention to the appropriate action to be taken, but will adjustment to its Fuel and Loss Federal Energy Regulatory Commission, not serve to make protestants parties to Retention Percentages (FLRP) pursuant 888 First Street, NE., Washington, DC the proceeding. Any person wishing to to the Commission’s Rules and 20426. become a party must file a notice of Regulations, 18 CFR 154.403 (2003) and This filing is accessible on-line at intervention or motion to intervene, as section 26 of the General Terms and http://www.ferc.gov, using the appropriate. Such notices, motions, or Conditions of Viking’s FERC Gas Tariff. ‘‘eLibrary’’ link and is available for protests must be filed in accordance Any person desiring to intervene or to review in the Commission’s Public with the provisions of Section 154.210 protest this filing must file in Reference Room in Washington, DC. of the Commission’s regulations (18 CFR accordance with Rules 211 and 214 of There is an ‘‘eSubscription’’ link on the 154.210). Anyone filing an intervention the Commission’s Rules of Practice and web site that enables subscribers to or protest must serve a copy of that Procedure (18 CFR 385.211 and receive email notification when a document on the Applicant. Anyone 385.214). Protests will be considered by document is added to a subscribed filing an intervention or protest on or the Commission in determining the docket(s). For assistance with any FERC before the intervention or protest date appropriate action to be taken, but will Online service, please e-mail need not serve motions to intervene or not serve to make protestants parties to [email protected], or call protests on persons other than the the proceeding. Any person wishing to (866) 208–3676 (toll free). For TTY, call Applicant. become a party must file a notice of (202) 502–8659. The Commission encourages intervention or motion to intervene, as Magalie R. Salas, electronic submission of protests and appropriate. Such notices, motions, or Secretary. interventions in lieu of paper using the protests must be filed in accordance [FR Doc. E4–2650 Filed 10–14–04; 8:45 am] ‘‘eFiling’’ link at http://www.ferc.gov. with the provisions of Section 154.210 of the Commission’s regulations (18 CFR BILLING CODE 6717–01–P Persons unable to file electronically should submit an original and 14 copies 154.210). Anyone filing an intervention of the protest or intervention to the or protest must serve a copy of that DEPARTMENT OF ENERGY Federal Energy Regulatory Commission, document on the Applicant. Anyone 888 First Street, NE., Washington, DC. filing an intervention or protest on or before the intervention or protest date Federal Energy Regulatory 20426. Commission need not serve motions to intervene or This filing is accessible on-line at protests on persons other than the [Docket No. RP05–5–000] http://www.ferc.gov, using the Applicant. ‘‘eLibrary’’ link and is available for Trunkline Gas Company, LLC; Notice The Commission encourages review in the Commission’s Public of Proposed Changes in FERC Gas electronic submission of protests and Tariff Reference Room in Washington, DC. interventions in lieu of paper using the There is an ‘‘eSubscription’’ link on the ‘‘eFiling’’ link at http://www.ferc.gov. October 7, 2004. web site that enables subscribers to Persons unable to file electronically Take notice that on October 1, 2004, receive e-mail notification when a should submit an original and 14 copies Trunkline Gas Company, LLC document is added to a subscribed of the protest or intervention to the (Trunkline) tendered for filing as part of docket(s). For assistance with any FERC Federal Energy Regulatory Commission, its FERC Gas Tariff, Third Revised Online service, please e-mail 888 First Street, NE., Washington, DC Volume No. 1, the following tariff [email protected], or call 20426.
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This filing is accessible on-line at The Commission encourages become a party must file a notice of http://www.ferc.gov, using the electronic submission of protests and intervention or motion to intervene, as ‘‘eLibrary’’ link and is available for interventions in lieu of paper using the appropriate. Such notices, motions, or review in the Commission’s Public ‘‘eFiling’’ link at http://www.ferc.gov. protests must be filed in accordance Reference Room in Washington, DC. Persons unable to file electronically with the provisions of Section 154.210 There is an ‘‘eSubscription’’ link on the should submit an original and 14 copies of the Commission’s regulations (18 CFR Web site that enables subscribers to of the protest or intervention to the 154.210). Anyone filing an intervention receive e-mail notification when a Federal Energy Regulatory Commission, or protest must serve a copy of that document is added to a subscribed 888 First Street, NE., Washington, DC document on the Applicant. Anyone docket(s). For assistance with any FERC 20426. filing an intervention or protest on or Online service, please e-mail This filing is accessible on-line at before the intervention or protest date [email protected], or call http://www.ferc.gov, using the need not serve motions to intervene or (866) 208–3676 (toll free). For TTY, call ‘‘eLibrary’’ link and is available for protests on persons other than the (202) 502–8659. review in the Commission’s Public Applicant. Reference Room in Washington, DC. The Commission encourages Magalie R. Salas, There is an ‘‘eSubscription’’ link on the electronic submission of protests and Secretary. Web site that enables subscribers to interventions in lieu of paper using the [FR Doc. E4–2630 Filed 10–14–04; 8:45 am] receive email notification when a ‘‘eFiling’’ link at http://www.ferc.gov. BILLING CODE 6717–01–P document is added to a subscribed Persons unable to file electronically docket(s). For assistance with any FERC should submit an original and 14 copies Online service, please email of the protest or intervention to the DEPARTMENT OF ENERGY [email protected], or call Federal Energy Regulatory Commission, (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC Federal Energy Regulatory (202) 502–8659. Commission 20426. Magalie R. Salas, This filing is accessible on-line at [Docket No. RP05–6–000] Secretary. http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for [FR Doc. E4–2628 Filed 10–14–04; 8:45 am] Williston Basin Interstate Pipeline review in the Commission’s Public Company; Notice of Tariff Filing BILLING CODE 6717–01–P Reference Room in Washington, DC. October 7, 2004. There is an ‘‘eSubscription’’ link on the Take notice that on October 1, 2004, DEPARTMENT OF ENERGY Web site that enables subscribers to Williston Basin Interstate Pipeline receive email notification when a Company (Williston Basin) tendered for Federal Energy Regulatory document is added to a subscribed filing as part of its FERC Gas Tariff, Commission docket(s). For assistance with any FERC Online service, please email Second Revised Volume No. 1, Fourth [Docket No. RP05–7–000] Revised Sheet No. 286, to become [email protected], or call effective October 1, 2004. Williston Basin Interstate Pipeline (866) 208–3676 (toll free). For TTY, call Williston Basin states that it has Company; Notice of Proposed (202) 502–8659. revised the above-referenced tariff sheet Changes in FERC Gas Tariff Magalie R. Salas, of its tariff to include language allowing October 7, 2004. Secretary. the option to exercise reasonable [FR Doc. E4–2629 Filed 10–14–04; 8:45 am] discretion to waive all, or part, of any Take notice that on October 1, 2004, BILLING CODE 6717–01–P late charge on a nondiscriminatory Williston Basin Interstate Pipeline basis. Company (Williston Basin) tendered for filing as part of its FERC Gas Tariff, Any person desiring to intervene or to DEPARTMENT OF ENERGY protest this filing must file in Second Revised Volume No. 1, the following tariff sheets, to become accordance with Rules 211 and 214 of Federal Energy Regulatory effective October 1, 2004: the Commission’s Rules of Practice and Commission Procedure (18 CFR 385.211 and Eighth Revised Sheet No. 374 385.214). Protests will be considered by Tenth Revised Sheet No. 376 [Docket No. RP04–620–000] the Commission in determining the Williston Basin states that it has Williston Basin Interstate Pipeline appropriate action to be taken, but will revised the above-referenced tariff Company; Notice of Proposed not serve to make protestants parties to sheets of its Tariff to add two new Changes in FERC Gas Tariff the proceeding. Any person wishing to receipt points: Point ID No. 04015 become a party must file a notice of (Baker Area Grasslands Mainline) to October 7, 2004. intervention or motion to intervene, as Williston Basin’s Grasslands Pool; and, Take notice that on September 30, appropriate. Such notices, motions, or Point ID No. 01275 (Sidney Plant) to 2004, Williston Basin Interstate Pipeline protests must be filed in accordance Williston Basin’s MonDak Pool. Company (Williston Basin) tendered for with the provisions of Section 154.210 Any person desiring to intervene or to filing as part of its FERC Gas Tariff, of the Commission’s regulations (18 CFR protest this filing must file in Second Revised Volume No. 1, Fifth 154.210). Anyone filing an intervention accordance with Rules 211 and 214 of Revised Sheet No. 358I, to become or protest must serve a copy of that the Commission’s Rules of Practice and effective September 30, 2004. document on the Applicant. Anyone Procedure (18 CFR 385.211 and Williston Basin states that as of July filing an intervention or protest on or 385.214). Protests will be considered by 31, 2004 it had a zero balance in FERC before the intervention or protest date the Commission in determining the Account No. 191. As a result, Williston need not serve motions to intervene or appropriate action to be taken, but will Basin further states that it will neither protests on persons other than the not serve to make protestants parties to refund nor bill its former sales Applicant. the proceeding. Any person wishing to customers for any amounts under the
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conditions of Subsection No. 39.3.1 of Company (Wisconsin Electric) DEPARTMENT OF ENERGY its Tariff. submitted a compliance filing pursuant Any person desiring to intervene or to to the Commission’s Order Federal Energy Regulatory protest this filing must file in Implementing New Generation Market Commission accordance with Rules 211 and 214 of Power Analysis and Mitigation [Docket No. RP04–360–000] the Commission’s Rules of Practice and Procedures, issued on May 13, 2004, in Procedure (18 CFR 385.211 and Docket No. ER02–1406–001, et al. Maritimes and Northeast Pipeline, 385.214). Protests will be considered by L.L.C; Notice of Telephone Technical Wisconsin Electric states that copies the Commission in determining the Conference appropriate action to be taken, but will of the filing were served on parties on not serve to make protestants parties to the official service list in Docket Nos. October 6, 2004. the proceeding. Any person wishing to ER98–855–002 and 003. In an order issued on July 29, 2004,1 become a party must file a notice of Any person desiring to intervene or to the Commission directed staff to intervention or motion to intervene, as protest this filing must file in convene a technical conference to appropriate. Such notices, motions, or accordance with Rules 211 and 214 of discuss Maritimes and Northeast protests must be filed in accordance the Commission’s Rules of Practice and Pipeline, L.L.C.’s proposed non-rate with the provisions of Section 154.210 Procedure (18 CFR 385.211, 385.214). modifications to its tariff including, but of the Commission’s regulations (18 CFR Protests will be considered by the not limited to, revisions to the fuel 154.210). Anyone filing an intervention Commission in determining the retainage percentage, revisions to the right of first refusal, and the proposed or protest must serve a copy of that appropriate action to be taken, but will action alert. The technical conference document on the Applicant. Anyone not serve to make protestants parties to was held on September 22, 2004. filing an intervention or protest on or the proceeding. Any person wishing to before the intervention or protest date A telephone technical conference will become a party must file a notice of need not serve motions to intervene or be held on Wednesday, October 13, intervention or motion to intervene, as protests on persons other than the 2004, beginning at 10 a.m. (EST) to appropriate. Such notices, motions, or Applicant. further discuss issues concerning The Commission encourages protests must be filed on or before the Maritimes’ proposed modifications to its electronic submission of protests and comment date. Anyone filing a motion right of first refusal procedures, action interventions in lieu of paper using the to intervene or protest must serve a copy alert, and accounting for its fuel tracker. ‘‘eFiling’’ link at http://www.ferc.gov. of that document on the Applicant and The telephone number for the Persons unable to file electronically all parties to this proceeding. conference is 888–412–7888. The code should submit an original and 14 copies The Commission encourages is 2360313. of the protest or intervention to the electronic submission of protests and All interested parties and staff are Federal Energy Regulatory Commission, interventions in lieu of paper using the permitted to call in. For further 888 First Street, NE., Washington, DC ‘‘eFiling’’ link at http://www.ferc.gov. information please contact: David 20426. Persons unable to file electronically Faerberg at (202) 502–8275 or e-mail This filing is accessible on-line at should submit an original and 14 copies [email protected]. http://www.ferc.gov, using the of the protest or intervention to the Magalie R. Salas, ‘‘eLibrary’’ link and is available for Federal Energy Regulatory Commission, review in the Commission’s Public Secretary. 888 First Street, NE., Washington, DC Reference Room in Washington, DC. [FR Doc. E4–2614 Filed 10–14–04; 8:45 am] 20426. There is an ‘‘eSubscription’’ link on the BILLING CODE 6717–01–P Web site that enables subscribers to This filing is accessible on-line at receive email notification when a http://www.ferc.gov, using the document is added to a subscribed ‘‘eLibrary’’ link and is available for ENVIRONMENTAL PROTECTION docket(s). For assistance with any FERC review in the Commission’s Public AGENCY Online service, please email Reference Room in Washington, DC. [FRL–7828–1] [email protected], or call There is an ‘‘eSubscription’’ link on the (866) 208–3676 (toll free). For TTY, call Web site that enables subscribers to Proposed Consent Decree, Clean Air (202) 502–8659. receive e-mail notification when a Act Citizen Suit document is added to a subscribed Magalie R. Salas, AGENCY: Environmental Protection docket(s). For assistance with any FERC Secretary. Agency (EPA). Online service, please e-mail [FR Doc. E4–2643 Filed 10–14–04; 8:45 am] [email protected], or call ACTION: Notice of proposed consent BILLING CODE 6717–01–P (866) 208–3676 (toll free). For TTY, call decree; request for public comment. (202) 502–8659. SUMMARY: In accordance with section DEPARTMENT OF ENERGY Comment Date: 5 pm Eastern Time on 113(g) of the Clean Air Act, as amended October 18, 2004. (‘‘Act’’), 42 U.S.C. 7413(g), notice is Federal Energy Regulatory hereby given of a proposed consent Commission Linda Mitry, decree agreement, to address [Docket No. ER98–855–004] Acting Secretary. consolidated lawsuits filed by the Sierra [FR Doc. E4–2612 Filed 10–14–04; 8:45 am] Club. Sierra Club v. Leavitt, Nos. Wisconsin Electric Power Company; BILLING CODE 6717–01–P 1:02CV00946, 1:02CV00947 and Notice of Compliance Filing 1:03CV02410 (D. D.C.). In May 2002 and November 2003, Sierra Club filed September 30, 2004. Take notice that, on September 27, 1 Maritimes and Northeast Pipeline, L.L.C., 108 2004, Wisconsin Electric Power FERC ¶ 61,087 (2004).
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lawsuits against EPA claiming that EPA periodically review and revise as II. Additional Information About had failed to carry out mandatory duties necessary, taking into account Commenting on the Proposed Consent imposed by sections 112(d)(6) and developments in practices, processes, Decree 112(f)(2)(A) of the Act with respect to and control technologies, MACT A. How Can I Get a Copy of the Consent coke oven batteries and dry cleaners. standards issued pursuant to section Decree? Specifically, the complaints alleged that 112(d). Section 112(f)(2) requires that EPA has established an official public EPA had failed to determine within the EPA evaluate on a prescribed schedule docket for this action under Docket ID deadlines established by the Act whether risks to human health or the whether or not to revise technology- No. OGC–2004–0009 which contains a environment remaining after copy of the consent decree. The official based standards issued for these source promulgation of a MACT standard categories pursuant to sections public docket is available for public warrant revision of that standard. 112(d)(8)(A) and 112(d)(2) to adopt viewing at the Office of Environmental more stringent technology-based Under the proposed consent decree Information (OEI) Docket in the EPA standards or more stringent risk-based EPA will conduct a rulemaking to Docket Center, EPA West, Room B102, standards. Under the terms of the review, and to revise as necessary the 1301 Constitution Ave., NW., proposed consent decree, by March 31, existing emission standards for coke Washington, DC. The EPA Docket 2005, EPA must make a final oven batteries. (These are MACT Center Public Reading Room is open determination whether or not to amend standards established pursuant to from 8:30 a.m. to 4:30 p.m., Monday the emission standards for coke oven section 112(d)(8)(A) of the Act.) The through Friday, excluding legal batteries, and by April 28, 2006, EPA rulemaking will address determinations holidays. The telephone number for the must make a final determination under both section 112(d)(6) and Public Reading Room is (202) 566–1744, and the telephone number for the OEI whether or not to amend the emission 112(f)(2). No later than March 31, 2005, standards for dry cleaning facilities. Docket is (202) 566–1752. EPA shall sign a final rule revising the An electronic version of the public DATES: Written comments on the emission standards for coke oven docket is available through EPA’s proposed consent decree must be batteries or make a final determination electronic public docket and comment received by November 15, 2004. that such standards are not required. system, EPA Dockets. You may use EPA ADDRESSES: Submit your comments, (EPA has in fact proposed to amend the Dockets at http://www.epa.gov/edocket/ identified by docket ID number OGC– MACT standards for coke oven batteries to submit or view public comments, 2004–0009, online at http:// and now is accepting comment on that access the index listing of the contents www.epa.gov/edocket (EPA’s preferred proposal. See 69 FR 48337 (August 9, of the official public docket, and to method); by e-mail to 2004.)) access those documents in the public [email protected]; mailed to EPA docket that are available electronically. Docket Center, Environmental The proposed consent decree also requires that EPA will conduct a Once in the system, select ‘‘search,’’ Protection Agency, Mailcode: 2822T, then key in the appropriate docket 1200 Pennsylvania Ave., NW., rulemaking to review, and to revise as necessary the existing emission identification number. Washington, DC 20460–0001; or by It is important to note that EPA’s standards for dry cleaning facilities. hand delivery or courier to EPA Docket policy is that public comments, whether Center, EPA West, Room B102, 1301 (These are MACT standards issued submitted electronically or in paper, Constitution Ave., NW., Washington, pursuant to section 112(d)(2) of the Act.) will be made available for public DC, between 8:30 a.m. and 4:30 p.m. The rulemaking will address viewing in EPA’s electronic public Monday through Friday, excluding legal determinations under both section docket as EPA receives them and holidays. Comments on a disk or CD– 112(d)(6) and 112(f)(2). No later than without change, unless the comment ROM should be formatted in April 28, 2006, EPA shall sign a final contains copyrighted material, CBI, or Wordperfect or ASCII file, avoiding the rule revising emission standards for dry other information whose disclosure is use of special characters and any form cleaning facilities or make a final restricted by statute. Information of encryption, and may be mailed to the determination that such standards are claimed as CBI and other information mailing address above. not required. whose disclosure is restricted by statute FOR FURTHER INFORMATION CONTACT: For a period of thirty (30) days is not included in the official public Steven Silverman, Air and Radiation following the date of publication of this docket or in EPA’s electronic public Law Office (2344A), Office of General notice, the Agency will accept written docket. EPA’s policy is that copyrighted Counsel, U.S. Environmental Protection comments relating to the proposed material, including copyrighted material Agency, 1200 Pennsylvania Ave., NW., consent decree from persons who were contained in a public comment, will not Washington, DC 20460. telephone: (202) not named as parties or interveners to be placed in EPA’s electronic public 564–5523. the litigation in question. EPA or the docket but will be available only in SUPPLEMENTARY INFORMATION: Department of Justice may withdraw or printed, paper form in the official public docket. Although not all docket I. Additional Information About the withhold consent to the proposed materials may be available Proposed Consent Decree consent decree if the comments disclose electronically, you may still access any facts or considerations that indicate that The proposed consent decree of the publicly available docket addresses lawsuits alleging that EPA such consent is inappropriate, materials through the EPA Docket failed to carry out its mandatory duties improper, inadequate, or inconsistent Center. under section 112(d)(6) and 112(f)(2) to with the requirements of the Act. Unless determine whether or not to revise the EPA or the Department of Justice B. How and To Whom Do I Submit so-called MACT (‘‘maximum achievable determine, based on any comment Comments? control technology’’) standards for coke which may be submitted, that consent to You may submit comments as oven batteries and for dry cleaners by the consent decree should be provided in the ADDRESSES section. the deadlines established by the Act. withdrawn, the terms of the decree will Please ensure that your comments are Section 112(d)(6) requires that EPA be affirmed. submitted within the specified comment
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period. Comments received after the Through October 8, 2004 Pursuant to Permit, Shannon, Texas, and Howell close of the comment period will be 40 CFR 1506.9. Counties, MO, Wait Period Ends: marked ‘‘late.’’ EPA is not required to EIS No. 040477, Final EIS, AFS, ID, November 15, 2004, Contact: Don consider these late comments. North Sheep Allotments—Sheep and Neumann (573) 636–7104. If you submit an electronic comment, Goat Allotment Management Plans, EIS No. 040484, Draft EIS, NIH, TX, EPA recommends that you include your To Authorize Continued Sheep Galveston National Laboratory for name, mailing address, and an e-mail Grazing for Fisher Creek, Smiley Biodefense and Emerging Infectious address or other contact information in Creek, North Fork-Boulder and Baker Diseases Research Facility at the the body of your comment and with any Creek Sheep and Goat Grazing University of Texas Medical Branch, disk or CD ROM you submit. This Allotments, Sawtooth National Forest, Construction, Partial Funding, Grant, ensures that you can be identified as the Ketchum Ranger District, Sawtooth Galveston, TX, Comment Period Ends: submitter of the comment and allows National Recreation Area, Blaine and December 17, 2004, Contact: Valerie EPA to contact you in case EPA cannot Custer Counties, ID, Wait Period Nottingham (301) 496–7775. read your comment due to technical Ends: November 15, 2004, Contact: EIS No. 040485, Draft EIS, AFS, CO, difficulties or needs further information Carol Brown (208) 727–5000. Vail Valley Forest Health Project, on the substance of your comment. Any EIS No. 040478, Draft EIS, FAA, PA, Proposal Landscape-Scale Vegetation identifying or contact information Philadelphia International Airport Management and Fuels Reduction, provided in the body of a comment will Project, Proposed Runway 17–35 White River National Forest, Holy be included as part of the comment that Extension Project, Funding, NPDES Cross Ranger District, Eagle County, is placed in the official public docket, Permit and U.S. Army COE Section C0, Comment Period Ends: November and made available in EPA’s electronic 404 Permit, Philadelphia, PA, 29, 2004, Contact: Peech Keller (970) public docket. If EPA cannot read your Comment Period Ends: November 29, 468–5400. comment due to technical difficulties 2004, Contact: Susan McDonald (717) Dated: October 12, 2004. and cannot contact you for clarification, 730–2833. Ken Mittelholtz, EPA may not be able to consider your EIS No. 040479, Revised Draft EIS, JUS, Environmental Protection Specialist, Office comment. AZ, Programmatic EIS—Office of of Federal Activities. Your use of EPA’s electronic public Border Patrol Operational Activities [FR Doc. 04–23152 Filed 10–14–04; 8:45 am] docket to submit comments to EPA within the Border Areas of the Tucson BILLING CODE 6560–50–P electronically is EPA’s preferred method and Yuma Sectors, Expansion of for receiving comments. The electronic Operations of Technology-Based public docket system is an ‘‘anonymous Systems, Completion and ENVIRONMENTAL PROTECTION access’’ system, which means EPA will Maintenance of Approved AGENCY not know your identity, e-mail address, Infrastructure, Cochise, Pima, Santa or other contact information unless you Cruz, and Yuma Counties, AZ, [ER–FRL–6656–7] provide it in the body of your comment. Comment Period Ends: November 29, Environmental Impact Statements and In contrast to EPA’s electronic public 2004, Contact: Mark Doles (817) 886– Regulations; Availability of EPA docket, EPA’s electronic mail (e-mail) 6499. Comments system is not an ‘‘anonymous access’’ EIS No. 040480, Final EIS, USA, UT, system. If you send an e-mail comment Activities Associated with Future Availability of EPA comments directly to the Docket without going Programs at U.S. Army Dugway prepared pursuant to the Environmental through EPA’s electronic public docket, Proving Ground, Implementation, Review Process (ERP), under Section your e-mail address is automatically Tooele and Jaub Counties, UT, Wait 309 of the Clean Air Act and Section captured and included as part of the Period Ends: November 15, 2004, 102(2)(c) of the National Environmental comment that is placed in the official Contact: Nicholas J. Cavallaro (410) Policy Act, as amended. Requests for public docket, and made available in 278–1084. copies of EPA comments can be directed EPA’s electronic public docket. EIS No. 040481, Draft Supplement, AFS, to the Office of Federal Activities at Dated: October 1, 2004. AK, Emerald Bay Timber Sale, (202) 564–7167. An explanation of the Lisa K. Friedman, Implementation, Additional ratings assigned to draft environmental Associate General Counsel, Air and Radiation Information on the Potential Effects of impact statements (EISs) was published Law Office, Office of General Counsel. the Project Alternatives, Ketchikan- in FR dated April 2, 2004 (69 FR 17403). Misty Fiords Ranger District, Tongass [FR Doc. 04–23154 Filed 10–14–04; 8:45 am] Draft EISs BILLING CODE 6560–50–P National Forest, AK, Comment Period Ends: November 29, 2004, Contact: ERP No. D–COE–K36140–CA Rating John Natvig (605) 720–7710. LO, Prado Basin Water Supply ENVIRONMENTAL PROTECTION EIS No. 040482, Draft EIS, FHW, PA, Feasibility Study, To Increase AGENCY U.S. 219 Improvements Project, Conservation of Surplus Water at Prado Meyersdale to Somerset, SR 6219, Dam and Flood Control Basin, Orange [ER–FRL–6656–6] Section 020, Funding, U.S. COE County Water District, Orange, Section 404 Permit, Somerset County, Riverside, and San Bernardino Counties, Environmental Impact Statements; PA, Comment Period Ends: November CA. Notice of Availability 30, 2004, Contact: James A. Cheatham Summary: EPA supports the selection (717) 221–3461. of Alternative 2 as the preferred Responsible Agency: Office of Federal EIS No. 040483, Final EIS, FHW, MO, alternative and recommended Activities, General Information (202) MO–17 Transportation Improvement consideration of additional mitigation 564–7167 or http://www.epa.gov/ Project, South of Route O to South of measures for habitat impacts. compliance/nepa/ Howell County Line Bridge ERP No. D–FRC–G03022–LA Rating Weekly receipt of Environmental Impact Replacement with Approaches, EC2, Sabine Pass Liquefied Natural Gas Statements Filed October 4, 2004 Funding, U.S. COE Section 404 (LNG) and Pipeline Project,
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Construction and Operation LNG Import Summary: No formal comment letter FOR FURTHER INFORMATION CONTACT: Terminal and Natural Gas Pipeline sent to the preparing agency. Interested participants from the public Facilities, Several Permits, Cameron Dated: October 12, 2004. should contact Marc Santora, Designated Federal Officer, U.S. Parish, LA. Ken Mittelholtz, Summary: EPA expressed Environmental Protection Agency, environmental concerns and requested Environmental Protection Specialist, Office Office of Ground Water and Drinking of Federal Activities. additional discussion in the FEIS on Water, Water Security Division (Mail wetland mitigation, water quality and [FR Doc. 04–23153 Filed 10–14–04; 8:45 am] Code 4601–M), 1200 Pennsylvania dredged material toxicity. BILLING CODE 6560–50–P Avenue, NW., Washington, DC, 20460. ERP No. DS–FHW–F40309–00 Rating Please contact Marc Santora at EC2, MN–36/WI–64 St. Croix River [email protected] or call 202–564– ENVIRONMENTAL PROTECTION Crossing Project, Construction of a New 1597 to receive additional details. AGENCY Crossing between the Cities of Stillwater SUPPLEMENTARY INFORMATION: and Oak Park Heights in Washington [FRL–7828–3] County, MN and the Town of St. Joseph Closed and Open Parts of the Meeting in St. Croix County, WI, Updated and National Drinking Water Advisory Parts of the meeting will be closed to Additional Information, Funding, Council’s Water Security Working the public to allow the WSWG an Washington County, MN and St. Croix Group Meeting Announcement opportunity to discuss security-sensitive information relating to specific water County, WI. AGENCY: Environmental Protection Summary: EPA expressed Agency. sector vulnerabilities and security environmental concerns based on tactics. Only WSWG members, Federal ACTION: Notice. uncertainty of the outcomes of the resource personnel, facilitation support National Park Service section 7(a) SUMMARY: The Environmental Protection contractors and outside experts evaluation under the National Wild and Agency (EPA) announces the second identified by the facilitation support Scenic Rivers Act and the Section 106 public meeting of the Water Security contractors will attend closed meeting process under the National Historic Working Group (WSWG) of the National sessions. The WSWG is a working group Preservation Act. Drinking Water Advisory Council of the NDWAC; it is not a Federal advisory committee and therefore not Final EISs (NDWAC), which was established under the Safe Drinking Water Act. The subject to the same public disclosure ERP No. F–FHW–F40418–IL Macomb purpose of this meeting is to provide an laws that govern Federal advisory Area Study, Construction from U.S. opportunity for the WSWG members to committees. A general summary of the Route 67 (FAP–310) and Illinois Route continue deliberations on principles topics discussed during closed meetings 336 (FAP–315), City of Macomb, and program elements for drinking and the individuals present will be McDonough County, IL. water and wastewater (water sector) included with the summary of the open Summary: The Final EIS addressed security programs, including a portions of the WSWG meeting. EPA’s concerns regarding rational for framework to assess and prioritize The meeting will be closed to the wildlife underpasses, use of native security enhancements; to initiate public on October 27, 2004. In addition, plants for mitigation and USFWS deliberations on incentives to encourage the WSWG may, as necessary, enter into coordination. EPA requested development of active and effective closed sessions, late in the afternoon of information in the ROD regarding security programs in the water sector; October 28, 2004, immediately before wetland mitigation ratios and and to initiate deliberations on lunch on October 29, 2004, and late in stormwater management at the La measures of the performance of water the day on October 29, 2004. If closed Moine River crossings. security programs. Part of the meeting sessions are needed on October 28, 2004 ERP No. F–FHW–K40246–CA CA–905 will be open to the public; an or October 29, 2004, opportunities for Freeway or Tollway Construction opportunity for public comment will be public comment will be provided before Project, Route Location, Adoption and provided during that time. WSWG any closed sessions begin. Construction, Otay Mesa Port of Entry to findings and recommendations will be I–805, Funding and U.S. Army COE Public Comment provided to the NDWAC for their Section 404 Permit Issuance, San Diego An opportunity for public comment consideration. Three additional County, CA. will be provided during the open part of Summary: EPA supports the preferred meetings of the WSWG are planned and the WSWG meeting. Oral statements alternative and conceptual mitigation will be announced in the near future. will be limited to five minutes, and it is plan. The WSWG anticipates providing preferred that only one person present ERP No. F–FHW–L40219–AK Gravina findings and recommendations to the the statement on behalf of a group or Access Project, Transportation NDWAC in spring 2005. organization. Written comments may be Improvements between Revillagigedo DATES: The WSWG meeting is October provided at the meeting or may be sent, Island and Gravina Island, Funding, 27–29, 2004. On October 27, 2004, the by mail, to Marc Santora, Designated Endangered Species Act 7, NPDES and meeting is scheduled from 12:30 p.m. to Federal Officer for the WSWG, at the e- U.S. Army COE Section 404 Permits 6 p.m., eastern time (ET). On October mail address listed in the FOR FURTHER Issuance, Ketchikan Gateway Borough, 28, 2004, the meeting is scheduled from INFORMATION CONTACT section of this AK. 8 a.m. to 5:30 p.m., ET. On October 29, notice. Summary: No formal comment letter 2004, the meeting will begin at 8 a.m. was sent to the preparing agency. and end at 2:30 p.m., ET. Special Accommodations ERP No. F–NOA–L64049–AK Bering ADDRESSES: The meeting will take place Any person needing special Sea and Aleutian Islands King and at Embassy Suite Crystal City, 1300 accommodations at this meeting, Tanner Crab Fisheries and Fishery Jefferson Davis Hwy, Arlington, Virginia including wheelchair access, should Management Plan, Implementation, 22202. The telephone number for this contact Marc Santora, Designated United States Exclusive Economic Zone hotel is (703) 979–9799 and the fax Federal Officer, at the number or e-mail (EEZ) off Alaska. number is (703) 920–5947. address listed in the FOR FURTHER
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INFORMATION CONTACT section of this Paperwork Reduction Act (PRA) that Petition of FEDEX Trade Networks notice. Requests for special does not display a valid control number. Transport & Brokerage, Inc., for accommodations should be made at Questions concerning these revised Exemption from the Tariff Publishing least five business days in advance of information collections should be Requirements of Sections 8 and 10 of the WSWG meeting. directed to Leslie F. Smith, Federal the Shipping Act of 1984, as Amended. Dated: October 12, 2004. Communications Commission, (202) 2. Draft Final Rule, Docket No. 03–15, Cynthia C. Dougherty, 418–0217 or via the Internet at Ocean Common Carrier and Marine Director, Office of Ground Water and Drinking [email protected]. Terminal Operator Agreements Subject Water. Federal Communications Commission. to the Shipping Act of 1984. [FR Doc. 04–23258 Filed 10–14–04; 8:45 am] Marlene H. Dortch, The Closed Portion of the Meetings BILLING CODE 6560–50–P Secretary. 1. Petition No. P5–04—Petition of [FR Doc. 04–23188 Filed 10–14–04; 8:45 am] American President Lines, Ltd. and APL BILLING CODE 6712–01–P Co. Pte. Ltd., for a Full Exemption from FEDERAL COMMUNICATIONS the First Sentence of Section 9(c) of the COMMISSION Shipping Act of 1984, as amended. Public Information Collection(s) FEDERAL MARITIME COMMISSION CONTACT PERSON FOR MORE INFORMATION: Bryant L. VanBrakle, Secretary, (202) Approved by Office of Management Sunshine Act Meeting and Budget 523–5725. AGENCY: Federal Communications AGENCY HOLDING THE MEETING: Federal Bryant L. VanBrakle, Commission. Maritime Commission. Secretary. ACTION: Notice. TIME AND DATE: 10 a.m.–October 27, [FR Doc. 04–23224 Filed 10–13–04; 11:13 2004. am] SUMMARY: The Federal Communications PLACE: 800 North Capitol Street, NW., BILLING CODE 6730–01–M Commission has received approval from First Floor Hearing Room, Washington, the Office of Management and Budget DC. (OMB) for the public information STATUS: FEDERAL RESERVE SYSTEM collection(s): OMB Control Numbers: A portion of the meeting will be 3060–1077, Digital Channel Election for open to the public and the remainder of the meeting will be closed. Agency Information Collection Television Broadcast Station: Pre- Activities: Proposed Collections; Election Certification Form, FCC Form MATTERS TO BE CONSIDERED: Comment Request 381; OMB 3060–1076, Digital Channel The Open Portion of the Meeting Election Form: First Round Election, AGENCY: Board of Governors of the FCC Form 382; OMB 3060–1075, Digital 1. Petition No. P3–03—Petition of Federal Reserve System Channel Election Form: First Round United Parcel Service, Inc., for SUMMARY: Background Conflict Decision, FCC Form 383; OMB Exemption Pursuant to Section 16 of the On June 15, 1984, the Office of 3060–1074, Digital Channel Election Shipping Act of 1984 to Permit Management and Budget (OMB) Form: Second Round Election, FCC Negotiation, Entry and Performance of delegated to the Board of Governors of Form 384; OMB 3060–1073, Digital Service Contracts; Petition No. P5–03— the Federal Reserve System (Board) its Channel Election Form: Second Round Petition of the National Customs approval authority under the Paperwork Conflict Decision, FCC Form 385; OMB Brokers and Forwarders Association of Reduction Act, as per 5 CFR 1320.16, to 3060–1072, Digital Channel Election America, Inc., for Limited Exemption approve of and assign OMB control Form: Third Round Election, FCC Form from Certain Tariff Requirements of the numbers to collection of information 386. Shipping Act of 1984; Petition No. P7– requests and requirements conducted or 03—Petition of Ocean World Lines, Inc., DATES: Effective date for these public sponsored by the Board under information collections is October 1, for a Rulemaking to Amend and Expand conditions set forth in 5 CFR 1320 2004. the Definition and Scope of ‘‘Special Appendix A.1. Board–approved Contracts’’ to Include All Ocean collections of information are FOR FURTHER INFORMATION CONTACT: Kim Transportation Intermediaries; Petition incorporated into the official OMB Matthews, Media Bureau, (202) 418– No. P8–03—Petition of BAX Global, inventory of currently approved 2120. Inc., for Rulemaking; Petition No. P9– collections of information. Copies of the SUPPLEMENTARY INFORMATION: The 03—Petition of C.H. Robinson OMB 83–Is and supporting statements Federal Communications Commission Worldwide, Inc., for Exemption and approved collection of information has received OMB approval for OMB Pursuant to Section 16 of the Shipping instruments are placed into OMB’s Control Numbers: 3060–1072 through Act of 1984 to Permit Negotiation, Entry public docket files. The Federal Reserve 3060–1077. The effective date for these and Performance of Confidential Service may not conduct or sponsor, and the public information collections is Contracts; Petition No. P1–04—Petition respondent is not required to respond October 1, 2004. The expiration date is of Danzas Corporation d/b/a Danmar to, an information collection that has March 31, 2005. Lines Ltd.; Danzas AEI Ocean Services been extended, revised, or implemented Pursuant to the Paperwork Reduction and DHL Danzas Air and Ocean for on or after October 1, 1995, unless it Act of 1995, Pub. L. 104–13, an agency Exemption from the Tariff Publishing displays a currently valid OMB control may not conduct or sponsor a collection Requirements of Section 8 of the number. of information unless it displays a Shipping Act of 1984, as Amended; currently valid control number. Petition No. P2–04—Petition of BDP Request for comment on information Notwithstanding any other provisions of International, Inc., for Exemption from collection proposals law, no person shall be subject to any the Tariff Publishing Requirements of The following information penalty for failing to comply with a Section 8 of the Shipping Act of 1984, collections, which are being handled collection of information subject to the as amended; Petition No. P4–04— under this delegated authority, have
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received initial Board approval and are instructions, the Paperwork Reduction Management and Budget’s (OMBs) hereby published for comment. At the Act Submission (OMB 83–I), supporting Statistical Policy Directive No. 15, (Race end of the comment period, the statements, and other documents that and Ethnic Standards for Federal proposed information collections, along will be placed into OMB’s public docket Statistics and Administrative with an analysis of comments and files once approved may be requested Reporting). The Federal Reserve Board recommendations received, will be from the agency clearance officer, whose also proposes to revise the Research submitted to the Board for final name appears below. Assistant Candidate Survey of Interests approval under OMB delegated Cynthia Ayouch, Federal Reserve (FR 28i), by modifying the areas of authority. Comments are invited on the Board Clearance Officer (202–452– interest, changing the rating scale following: 3829), Division of Research and format, adding a section on software a. whether the proposed collections of Statistics, Board of Governors of the packages used by the candidate, and information are necessary for the proper Federal Reserve System, Washington, adding a line for the candidate’s name. performance of the Federal Reserve’s DC 20551. Telecommunications Device 2. Report title: Compensation and functions; including whether the for the Deaf (TDD) users may contact Salary Surveys information has practical utility; (202–263–4869), Board of Governors of Agency form number: FR 29a, b, c b. the accuracy of the Federal the Federal Reserve System, OMB control number: 7100–0290 Reserve’s estimate of the burden of the Washington, DC 20551. Frequency: FR 29a, annually; FR 29b, proposed information collections, on occasion; FR 29c, annually Proposal to approve under OMB including the validity of the Reporters: Employers considered delegated authority the extension for methodology and assumptions used; competitors for Federal Reserve three years, with revision, of the c. ways to enhance the quality, utility, employees following reports: and clarity of the information to be Annual reporting hours: FR 29a, 150 collected; and 1. Report title: Application for hours; FR 29b, 50 hours d. ways to minimize the burden of Employment with the Board of Estimated average hours per response: information collections on respondents, Governors of the Federal Reserve FR 29a, 6 hours; FR 29b, 1hour including through the use of automated System Number of respondents: 35 collection techniques or other forms of Agency form number: FR 28 General description of report: This information technology. OMB control number: 7100–0181 information collection is voluntary Frequency: On occasion (sections 10(4) and 11(1) of the Federal DATES: Comments must be submitted on Reporters: Employment applicants Reserve Act (12 U.S.C. 244 and 248(1)) or before December 14, 2004. Annual reporting hours: 2,500 hours and is given confidential treatment (5 ADDRESSES: You may submit comments, Estimated average hours per response: U.S.C 552 (b)(4) and (b)(6)). identified by FR 28, FR 29a, b or FR 1 hour Abstract: The surveys collect 1373a,b by any of the following Number of respondents: 2,500 information on salaries, employee methods: General description of report: This compensation policies, and other • Agency Web Site: http:// information collection is required to employee programs from employers that www.federalreserve.gov. Follow the obtain a benefit (sections 10(4) and 11(1) are considered competitors for Federal instructions for submitting comments at of the Federal Reserve Act (12 U.S.C. Reserve employees. The data from the http://www.federalreserve.gov/ Sec. 244 and 248(1)). The Board is surveys primarily are used to determine generalinfo/foia/ProposedRegs.cfm. required to treat the information the appropriate salary structure and • Federal eRulemaking Portal: http:// collected on the Application as salary adjustments for Federal Reserve www.regulations.gov. Follow the confidential pursuant to the employees. instructions for submitting comments. requirements of the Privacy Act (5 Current Actions: The Federal Reserve • E–mail: U.S.C. Sec. 552a). Individual respondent proposes to discontinue the annual [email protected]. data are regarded as confidential under Compensation Trend Survey (FR 29c). Include docket number in the subject the Freedom of Information Act (5 The international consulting firm of Hay line of the message. U.S.C. Sections. 552(b)(2) and (b)(6)). Management Consultants has conducted • FAX: 202/452–3819 or 202/452– Abstract: The Application collects this survey, on behalf of the Federal 3102. information to determine the Reserve, since 1991. However, since • Mail: Jennifer J. Johnson, Secretary, qualifications, suitability, and 2001, the Federal Reserve has relied on Board of Governors of the Federal availability of applicants for data published in other national Reserve System, 20th Street and employment with the Board. The compensation surveys. The Annual Constitution Avenue, N.W., Application asks about education, Salary Survey (FR 29a) and the ad hoc Washington, DC 20551. training, employment, and other surveys related to salary and other All public comments are available information covering the period since employment issues (FR 29b), would not from the Board’s web site the applicant left high school. be revised. atwww.federalreserve.gov/generalinfo/ Current Actions: The Federal Reserve 3. Report title: Studies of Board foia/ProposedRegs.cfm as submitted, proposes to revise the Application for Publications except as necessary for technical Employment with the Board of Agency form number: FR 1373a,b reasons. Accordingly, your comments Governors of the Federal Reserve OMB control number: 7100–0301 will not be edited to remove any System (FR 28) to include the Frequency: FR 1373a, two times per identifying or contact information. applicant’s email address and cell year; FR 1373b, eight times per year Public comments may also be viewed phone number. In addition, the FR 28 Reporters: FR 1373a, community– electronically or in paper in Room MP– would be modified to inform applicants based educators, key stakeholders, and 500 of the Board’s Martin Building (20th that educational claims must be from an other educators who have previously and C Streets, N.W.) between 9:00 a.m. accredited school. The Federal Reserve requested consumer education materials and 5:00 p.m. on weekdays. proposes to modify the Applicant’s from the Federal Reserve; FR 1373b, FOR FURTHER INFORMATION CONTACT: A Voluntary Self–Identification Form (FR current subscribers of the publications copy of the proposed forms and 28s) to be consistent with the Office of being surveyed.
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Annual reporting hours: FR 1373a, the power to vote shares of a bank or SUMMARY: Title 5, U.S. Code, Section 300 hours; FR 1373b, 746 hours. bank holding company and all of the 4314 (c)(4) of the Civil Service Reform Estimated average hours per response: banks and nonbanking companies Act of 1978, Public Law 95–454, FR 1373a, 30 minutes; FR 1373b, 15 owned by the bank holding company, requires that appointment of minutes. including the companies listed below. Performance Review Board members be Number of respondents: FR 1373a, The applications listed below, as well published in the Federal Register. 400; FR 1373b, 517. as other related filings required by the FOR FURTHER INFORMATION CONTACT: General description of report: This Board, are available for immediate Nancy Peterson, Atlanta Human information collection is voluntary. The inspection at the Federal Reserve Bank Resources Center, Department of Health FR 1373a study is authorized pursuant indicated. The application also will be and Human Services, 4770 Buford to the Federal Trade Commission available for inspection at the offices of Highway, Mailstop K–07, Atlanta, Improvement Act (15 U.S.C. § 57(a)); the the Board of Governors. Interested Georgia 30341–3724, telephone 770– FR 1373 b study is authorized pursuant persons may express their views in 488–1872. to 12 U.S.C. § 248(i). The specific writing on the standards enumerated in SUPPLEMENTARY INFORMATION: The information collected is not considered the BHC Act (12 U.S.C. 1842(c)). If the confidential. following persons will serve on the proposal also involves the acquisition of Performance Review Board which Abstract: The FR 1373a study allows a nonbanking company, the review also the Federal Reserve to: 1) conduct oversees the evaluation of performance includes whether the acquisition of the appraisals of Senior Executive Service periodic reviews and evaluations of the nonbanking company complies with the consumer education materials, and 2) members of the Department of Health standards in section 4 of the BHC Act and Human Services in the Centers for develop and evaluate consumer (12 U.S.C. 1843). Unless otherwise education materials under consideration Disease Control and Prevention, and the noted, nonbanking activities will be Agency for Toxic Substances and for distribution. The FR 1373b study conducted throughout the United States. helps Federal Reserve evaluate other Disease Registry: William H. Gimson, Additional information on all bank Chairperson; Stephen B. Blount, M.D., Board publications. In addition, the holding companies may be obtained Federal Reserve uses the FR 1373b data M.P.H.; Janet L. Collins, Ph.D.; Robert from the National Information Center Delaney; Henry Falk, M.D.; Donna F. to help determine if it should continue website at www.ffiec.gov/nic/. to issue certain publications and, if so, Stroup, Ph.D.; Stephen B. Thacker, M.D. Unless otherwise noted, comments The Associate Director for Program whether the public would like to see regarding each of these applications changes in the method of information Services, CDC, has been delegated the must be received at the Reserve Bank authority to sign general Federal delivery, frequency, content, format, or indicated or the offices of the Board of appearance. Register notices for both the CDC and Governors not later than November 8, ATSDR. Current Actions: The Federal Reserve 2004. proposes to revise the FR 1373a by Federal Reserve Bank of Minneapolis Dated: October 7, 2004. adding focus group or guided (Jacqueline G. Nicholas, Community James D. Seligman, Associate Director for discussions once a year with three Affairs Officer) 90 Hennepin Avenue, Program Services Centers for Disease Control groups of fifteen respondents. Each Minneapolis, Minnesota 55480-0291: and Prevention (CDC). discussion would take an estimated DCNB Holding Company, Clear Lake, [FR Doc. 04–23146 Filed 10–14–04; 8:45 am] ninety minutes. The goal for such South Dakota; to become a bank holding BILLING CODE 4163–18–P focused discussions would be to company by acquiring 100 percent of identify what issues consumers want the voting shares of Deuel County DEPARTMENT OF HEALTH AND addressed and how they would like to National Bank, Clear Lake, South HUMAN SERVICES receive this information. The Federal Dakota. Reserve would work with community groups or other appropriate stakeholders Board of Governors of the Federal Reserve Centers for Disease Control and to recruit small groups of consumers to System, October 8, 2004. Prevention Robert deV. Frierson, serve as voluntary respondents. [60Day–05AB] Deputy Secretary of the Board. Board of Governors of the Federal Reserve System, October 8, 2004. [FR Doc. 04–23131 Filed 10–14–04; 8:45 am] Proposed Data Collections Submitted Jennifer J. Johnson, BILLING CODE 6210–01–S for Public Comment and Secretary of the Board. Recommendations [FR Doc. 04–23132 Filed 10–14–04; 8:45 am] In compliance with the requirement BILLING CODE 6210–01–S DEPARTMENT OF HEALTH AND of section 3506(c)(2)(A) of the HUMAN SERVICES Paperwork Reduction Act of 1995 for opportunity for public comment on FEDERAL RESERVE SYSTEM Centers for Disease Control and proposed data collection projects, the Prevention Agency for Toxic Centers for Disease Control and Formations of, Acquisitions by, and Substances and Disease Registry Mergers of Bank Holding Companies Prevention (CDC) will publish periodic summaries of proposed projects. To The companies listed in this notice Senior Executive Service; Performance request more information on the have applied to the Board for approval, Review Board Members proposed projects or to obtain a copy of pursuant to the Bank Holding Company AGENCY: Centers for Disease Control and the data collection plans and Act of 1956 (12 U.S.C. 1841 et seq.) Prevention (CDC), and Agency for Toxic instruments, call 404–498–1210 or send (BHC Act), Regulation Y (12 CFR Part Substances and Disease Registry comments to Seleda Perryman, CDC 225), and all other applicable statutes (ATSDR), Department of Health and Assistant Reports Clearance Officer, and regulations to become a bank Human Services. 1600 Clifton Road, MS-E11, Atlanta, GA holding company and/or to acquire the 30333 or send an e-mail to ACTION: Notice. assets or the ownership of, control of, or [email protected].
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Comments are invited on: (a) Whether Traumatic Brain Injury (TBI), if not in populations at greatest risk, (3) and the proposed collection of information death. Each year, an estimated 1.5 monitor the effectiveness of prevention is necessary for the proper performance million Americans sustain a TBI. As a programs. of the functions of the agency, including consequence of these TBI injuries This project will develop and whether the information shall have 230,000 people are hospitalized and maintain injury surveillance programs, practical utility; (b) the accuracy of the survive; 50,000 people die; and 80,000 including those with a focus on TBI and agency’s estimate of the burden of the to 90,000 people experience the onset of emergency department surveillance for proposed collection of information; (c) long-term disability. An estimated 5.3 mild TBI. The goal of this program is to ways to enhance the quality, utility, and million Americans live with a develop quality data that will (a) be clarity of the information to be permanent TBI-related disability. useful to State injury prevention and collected; and (d) ways to minimize the However, this estimate does not include control programs, (b) enable states to burden of the collection of information people with ‘‘mild’’ TBI who are seen in develop injury indicators, (c) enable on respondents, including through the emergency departments or outpatient estimates of TBI incidence and public use of automated collection techniques encounters, nor those who do not health consequences and (d) facilitate or other forms of information receive medical care. The annual the use of TBI surveillance data to link technology. Written comments should economic burden of TBI in the United individuals with information about TBI be received within 60 days of this States has been estimated at $56.3 services. notice. billion in 1995 dollars; however, human Program recipients will collect costs of the long-term impairments and information from pre-existing state data Proposed Project disabilities associated with TBI are sets to calculate injury indicators in Public Health Injury Surveillance and incalculable. Because many TBI related their state. In addition, a small group of Prevention Program—New—National disabilities are not conspicuous deficits, states will review and abstract medical Center for Injury Prevention and Control they are referred to as the invisible or records to obtain data for variables that (NCIPC), Centers for Disease Control silent epidemic. These disabilities, address severity of injury, and Prevention (CDC). arising from cognitive, emotional, circumstances and etiology of injury, Injury is the leading cause of death sensory, and motor impairments, often and early outcome of injury in a large and disability among children and permanently alter a person’s ability to representative sample of reported cases young adults. In 2000, more than maximize daily life experiences and of TBI-related hospitalization and mild 148,000 people died from injuries. have profound effects on social and TBI-related emergency department Among them 43,354 died from motor- family relationships. To implement visits. The abstracted data will be vehicle crashes; 29,350 died from more effective programs to prevent these stripped of all identifying information suicide; 16,765 died from homicide; injuries, we need reliable data on their before submitting to CDC. CDC will 13,322 died from unintentional falls; causes and risk factors. State fund up to 12 state health departments. 12,757 from unintentional poisonings; surveillance data can be used to (1) The state health departments will use 3,482 died from unintentional identify trends in TBI incidence, (2) standardized data elements to abstract drowning; 3,377 died from fires. These enable the development of cause- data. There will be no cost to external causes can often result in specific prevention strategies focused on respondents.
Number of Average bur- Respondents Number of responses/ den/response Total burden respondents respondent (in hours) hours
State Health Departments ...... 12 1000 1 12,000
Total ...... 12,000
Dated: October 8, 2004. information collection requests under NHANES programs produce Alvin Hall, review by the Office of Management and descriptive statistics which measure the Director, Management Analysis and Services Budget (OMB) in compliance with the health and nutrition status of the Office, Centers for Disease Control and Paperwork Reduction Act (44 U.S.C. general population. Through the use of Prevention. Chapter 35). To request a copy of these questionnaires, physical examinations, [FR Doc. 04–23142 Filed 10–14–04; 8:45 am] requests, call the CDC Reports Clearance and laboratory tests, NHANES studies BILLING CODE 4163–18–P Officer at (404) 498–1210 or send an the relationship between diet, nutrition email to [email protected]. Send written and health in a representative sample of comments to CDC Desk Officer, Human the United States. CDC uses NHANES to DEPARTMENT OF HEALTH AND Resources and Housing Branch, New monitor the prevalence of chronic HUMAN SERVICES Executive Office Building, Room 10235, conditions and risk factors related to Washington, DC 20503 or by fax to (202) health such as asthma, osteoporosis, Centers for Disease Control and 395–6974. Written comments should be infectious diseases, diabetes, eye Prevention received within 30 days of this notice. disease, high blood pressure, high cholesterol, obesity, smoking, drug and [30Day–04–0237] Proposed Project alcohol use, physical activity, Proposed Data Collections Submitted The 2005–2006 National Health and environmental exposures, and diet. for Public Comment and Nutrition Examination Survey NHANES data are used to establish Recommendations (NHANES), OMB No. 0920–0237— reference data for the general population Revision—National Center for Health against which health care providers can The Centers for Disease Control and Statistics (NCHS), Centers for Disease compare such patient characteristics as Prevention (CDC) publishes a list of Control and Prevention (CDC). height, weight, and nutrient levels in
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the blood. Data from NHANES can be administrators. NHANES data are used examined annually. Participants will compared to those from previous to establish, monitor, and/or evaluate receive an interview, a physical surveys to monitor changes in the health dietary guidelines, food fortification examination, a telephone dietary of the U.S. population. NHANES will policies, environmental exposures, interview and a home allergen dust also establish a national probability immunization guidelines and health collection. This survey is completely sample of genetic material for future education and disease prevention voluntary and confidential. genetic research for susceptibility to programs. The current submission Respondents are reimbursed for any out- disease. requests approval through March 2007. of-pocket costs such as transportation to Users of NHANES data include: CDC, National Center for Health and from the examination center. There Congress; Federal agencies such as NIH, Statistics has conducted the National is no cost to respondents other than EPA, and USDA; private groups such as Health and Nutrition Examination the American Heart Association; schools Survey (NHANES) periodically since their time. The annualized burden is of public health; private businesses; 1970, and continuously since 1999. estimated to be 62,957 hours. individual practitioners; and Approximately 5,000 participants are
No. of Avg. burden/ Respondent category No. of responses/ response respondents respondent (in hrs.)
1. Screening interview only ...... 13,333 1 10/60 2. Screener, family, and sample person interviews only ...... 300 1 1.17 3. Screener, family, and sample person interviews and MEC examination (including pilot studies) ...... 5,180 1 5.9 4. Household dust collection ...... 2,328 1 36/60 5. Food propensity questionnaire ...... 3,350 1 30/60 6. Physical activity monitor ...... 4,000 1 15/60 7. Second dietary recall interview ...... 4,300 1 30/60 8. Follow-up and Special studies ...... 4,000 1 5.9
Dated: October 8, 2004. Epidemic Information Exchange (Epi-X) notification functionality to minimize or Alvin Hall, Secure Public Health Communications prevent unnecessary injury or disease- Director, Management Analysis and Services Network (OMB No. 0920–0636)— related morbidity and mortality through Office, Centers for Disease Control and Extension—Epidemiology Program the use of secure communications and Prevention. Office (EPO), Centers for Disease rapid notification systems. In this case, [FR Doc. 04–23148 Filed 10–14–04; 8:45 am] Control and Prevention (CDC). notification alerts would be sent to BILLING CODE 4163–18–P Great attention has been focused on targeted public health professionals improving secure public health through a ‘‘barrage’’ of office cell phone, communications networks for the home telephone, and pager calls to DEPARTMENT OF HEALTH AND dissemination of critical disease HUMAN SERVICES rapidly inform key health authorities outbreak and/or bioterrorism-related from multidisciplinary backgrounds and events, which may have multi- Centers for Disease Control and multiple jurisdictions of evolving and jurisdictional involvement and cause Prevention critical public health information, and disease and death within a short time- assist with the decision-making process. [30Day–04–0636] frame. A central component of the mission of the CDC’s Epidemiology Presently, the necessity of this Proposed Data Collections Submitted Program Office (EPO) is to strengthen evaluation process is timely because of for Public Comment and the nation’s public health infrastructure ongoing terrorism threats and acts Recommendations by coordinating public health perpetrated worldwide. The Centers for Disease Control and surveillance at CDC and providing The survey information will be Prevention (CDC) publishes a list of domestic and international support gathered through an online information collection requests under through scientific communications and questionnaire format. The survey will review by the Office of Management and terrorism preparedness and emergency help evaluate user comprehension Budget (OMB) in compliance with the response. The Office of Scientific and solely with the targeted notification and Paperwork Reduction Act (44 U.S.C. Health Communication’s Epidemic rapid alerting functionalities of Epi-X. Chapter 35). To request a copy of these Information Exchange (Epi-X) provides The questionnaire will consist of both requests, call the CDC Reports Clearance CDC and its state and local partners and closed- and open-ended items and will Officer at (404) 498–1210 or send an e- collaborators with a secure public be administered through Zoomerang, an mail to [email protected]. Send written health communications network online questionnaire program, or as a comments to CDC Desk Officer, Human intended for routine and emergent last resort, by telephone. Approximately Resources and Housing Branch, New information exchange in a secure 6,000 Epi-X users from every state of the environment. Executive Office Building, Room 10235, union will be asked to volunteer input The purpose of the information Washington, DC 20503 or by fax to (202) (in a 5–10 question format) about their gathered during this notification 395–6974. Written comments should be experiences using the alert notification received within 30 days of this notice. proficiency testing exercise is to evaluate the extent to which new functionalities of the Epi-X Proposed Project registrants and currently authorized communications system. The estimated State-based Evaluation of the Alert users of the Epidemic Information annualized burden is 167 hours. Notification Component of CDC’s Exchange (Epi-X) are able to utilize alert
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Average No. of No. of burden per Respondents respondents responses per response respondent (in hrs)
States ...... 1000 1 10/60
Dated: October 8, 2004. Proposed Project existing surveys within the Department Alvin Hall, State and Local Area Integrated of Health and Human Services as well Director, Management Analysis and Services Telephone Survey (SLAITS), OMB No. as other Federal agencies. Other Office, Centers for Disease Control and 0920–0406—Extension—National questionnaire modules were developed Prevention. Center for Health Statistics (NCHS), specifically for SLAITS. Past modules [FR Doc. 04–23149 Filed 10–14–04; 8:45 am] Centers for Disease Control and include General Health, Children’s BILLING CODE 4163–18–P Prevention (CDC). Health, Child Well-Being and Welfare, The State and Local Area Integrated Children with Special Health Care Telephone Survey (SLAITS) mechanism Needs (CSHCN), Asthma Prevalence and DEPARTMENT OF HEALTH AND has been conducted since 1997. This is Treatment, Knowledge of Medicaid and HUMAN SERVICES a request to continue the integrated and the State Children’s Health Insurance coordinated survey system for three Centers for Disease Control and Program (SCHIP), Survey of Early years. This system is designed to collect Prevention Childhood Health, and HIV/STD needed health and welfare-related data Related Risk Behavior. [30Day–04–0406] at the national, state, and local levels. Using the random-digit-dial sampling SLAITS has provided policy analysts, Proposed Data Collections Submitted frame from the ongoing National program planners, and researchers with for Public Comment and Immunization Survey (NIS) and high quality data for decision making Recommendations Computer Assisted Telephone and program assessment. For example, Interviewing (CATI), the State and Local the module on Medicaid and SCHIP was The Centers for Disease Control and Area Integrated Telephone Survey prominently featured in a report to Prevention (CDC) publishes a list of (SLAITS) has quickly collected and Congress on insuring children. The information collection requests under produced data to monitor many health- CSHCN module has been used by review by the Office of Management and related areas including child and family federal and state Maternal and Child Budget (OMB) in compliance with the well-being, access to care, program Health Bureau Directors to evaluate Paperwork Reduction Act (44 U.S.C. participation, and changes in health programs and service needs. The Chapter 35). To request a copy of these care coverage at the national and state American Academy of Pediatrics is requests, call the CDC Reports Clearance levels. The first component of the next using the module on early childhood Officer at (404) 498–1210 or send an e- three-year period will be the National health to advise pediatricians on patient mail to [email protected]. Send written Survey of Children with Special Health care standards and to inform parents comments to CDC Desk Officer, Human Care Needs, which will provide data to about the health and well-being of Resources and Housing Branch, New be used for program planning and young children. There are no costs to Executive Office Building, Room 10235, evaluation at the state and national Washington, DC 20503 or by fax to (202) levels. respondents other than their time to 395–6974. Written comments should be For some SLAITS modules, participate. The estimated annualized received within 30 days of this notice. questionnaire content is drawn from burden is 52,734 hours.
Number of Average Survey/questionnaire—children with special health care needs Number of responses per burden per respondents respondent response
2005 Burden Estimates
Screener (child in HH) ...... 592,126 1 .5/60 Screener (CSHCN) ...... 129,487 1 5/60 Survey (CSHCN) ...... 25,500 1 25/60 Survey—state Augmentation (CSHCN) ...... 5,000 1 35/60 Survey (Referent sample) ...... 3,000 1 25/60
Developmental work for future module: Screener ...... 10,000 1 5/60 Survey ...... 2,000 1 30/60
SLAITS website—button or permanent website submission link: Survey ...... 100 1 3/60
2006 Burden Estimates
Screener (child in HH) ...... 592,126 1 .5/60 Screener (CSHCN) ...... 129,487 1 5/60 Survey (CSHCN) ...... 25,500 1 25/60 Survey—state Augmentation (CSHCN) ...... 5,000 1 35/60 Survey (Referent sample) ...... 3,000 1 25/60
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Number of Average Survey/questionnaire—children with special health care needs Number of responses per burden per respondents respondent response
Developmental work for future module: Screener ...... 10,000 1 5/60 Survey ...... 2,000 1 30/60
SLAITS website—button or permanent website submission link: Survey ...... 100 1 3/60
2007 Burden Estimates
Screener ...... 589,847 1 5/60 Survey ...... 102,000 1 25/60
Developmental work for future modules: Screener ...... 10,000 1 5/60 Survey ...... 2,000 1 30/60
SLAITS website—button or permanent website submission link: Survey ...... 100 1 3/60
Dated: October 8, 2004. mail to [email protected]. Send written project is to attain population-based Alvin Hall, comments to CDC Desk Officer, Human behavior change such as increased Director, Management Analysis and Services Resources and Housing Branch, New physical activity and better dietary Office, Centers for Disease Control and Executive Office Building, Room 10235, habits; this will likely lead to a Prevention. Washington, DC 20503 or by fax to (202) reduction in the prevalence of obesity, [FR Doc. 04–23150 Filed 10–14–04; 8:45 am] 395–6974. Written comments should be and ultimately to a reduction in the BILLING CODE 4163–18–P received within 30 days of this notice. prevalence of obesity-related chronic diseases. Proposed Project The evaluation questions for ‘‘State DEPARTMENT OF HEALTH AND Evaluation of State Nutrition and Nutrition and Physical Activity HUMAN SERVICES Physical Activity Programs to Prevent Programs to Prevent Obesity and Other Obesity and Other Chronic Diseases— Chronic Diseases’’ have been designed Centers for Disease Control and New—National Center for Chronic to focus on three primary areas: (1) CDC Prevention Disease Prevention and Health training and technical assistance; (2) Promotion (NCCDHP), Centers for State plan development; and (3) State [30Day–04II] Disease Control and Prevention (CDC). interventions. Within each of these Proposed Data Collections Submitted The ‘‘State Nutrition and Physical primary evaluation areas, the program for Public Comment and Activity Programs to Prevent Obesity has identified specific evaluation Recommendations and Other Chronic Diseases’’ project questions that have been chosen for was established by CDC to prevent and study. The evaluation questions will be The Centers for Disease Control and control obesity and other chronic asked of the funded states via a Web- Prevention (CDC) publishes a list of diseases by supporting States in the based data collection system supported information collection requests under development and implementation of by an electronic database. This review by the Office of Management and nutrition and physical activity evaluation will take place every six Budget (OMB) in compliance with the interventions, particularly through months during the funding cycle. The Paperwork Reduction Act (44 U.S.C. population-based strategies such as proposed project will be conducted over Chapter 35). To request a copy of these policy-level changes, environmental a three-year period. There is no cost to requests, call the CDC Reports Clearance supports and the social marketing the respondents. The total burden hours Officer at (404) 498–1210 or send an e- process. The goal of the programs in this are 480.
Number Average burden Respondents Number of responses per per response respondents respondent (in hrs.)
Funded State Programs ...... 20 2 12
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Dated: October 8, 2004. additional data collection requirements DEPARTMENT OF HEALTH AND Alvin Hall, or burdens on hospitals. Section 501(b) HUMAN SERVICES Director, Management Analysis and Services of the MMA offers monetary incentives Office, Centers for Disease Control and for hospitals participating in reporting; Centers for Medicare and Medicaid Prevention. Form Number: CMS–10109 (OMB#: Services [FR Doc. 04–23151 Filed 10–14–04; 8:45 am] 0938–0918); Frequency: Quarterly; [Document Identifier: CMS–10128, CMS– BILLING CODE 4163–18–P Affected Public: Business or other for- 10112 and CMS–10068] profit and Not-for-profit institutions; Number of Respondents: 4,000; Total Agency Information Collection DEPARTMENT OF HEALTH AND Activities: Proposed Collection; Annual Responses: 16,000; Total HUMAN SERVICES Comment Request Annual Hours: 238,000. Centers for Medicare and Medicaid 2. Type of Information Collection AGENCY: Centers for Medicare and Services Request: New collection; Title of Medicaid Services. Information Collection: National In compliance with the requirement [Document Identifier: CMS–10109 and CMS– of section 3506(c)(2)(A) of the Provider Identifier (NPI) Application 10114] Paperwork Reduction Act of 1995, the and Update Form and Supporting Agency Information Collection Centers for Medicare and Medicaid Regulation in 45 CFR 142.408, 162.406, Services (CMS) (formerly known as the Activities: Submission for OMB and 162.408; Form No.: CMS–10114 Review; Comment Request Health Care Financing Administration (OMB# 0938-NEW); Use: The form will (HCFA)), Department of Health and AGENCY: Centers for Medicare and be used by health care providers to Human Services, is publishing the Medicaid Services, HHS. apply for NPIs and to update the following summary of proposed In compliance with the requirement information collected from them collections for public comment. of section 3506(c)(2)(A) of the whenever it changes.; Frequency: On Interested persons are invited to send Paperwork Reduction Act of 1995, the occasion and/or one-time; Affected comments regarding this burden Centers for Medicare and Medicaid Public: Business or other for-profit, Not- estimate or any other aspect of this Services (CMS) (formerly known as the for-profit institutions and Federal collection of information, including any Health Care Financing Administration Government; Number of Respondents: of the following subjects: (1) The (HCFA), Department of Health and 1,193,945; Total Annual Responses: necessity and utility of the proposed Human Services, is publishing the 1,193,945; Total Annual Hours: 448,128. information collection for the proper following summary of proposed To obtain copies of the supporting performance of the agency’s functions; collections for public comment. statement and any related forms for the (2) the accuracy of the estimated Interested persons are invited to send proposed paperwork collections burden; (3) ways to enhance the quality, comments regarding this burden utility, and clarity of the information to referenced above, access CMS Web Site estimate or any other aspect of this be collected; and (4) the use of address at http://www.cms.hhs.gov/ collection of information, including any automated collection techniques or of the following subjects: (1) The regulations/pra/, or E-mail your request, other forms of information technology to necessity and utility of the proposed including your address, phone number, minimize the information collection information collection for the proper OMB number, and CMS document burden. performance of the agency’s functions; identifier, to [email protected], or 1. Type of Information Collection (2) the accuracy of the estimated call the Reports Clearance Office on Request: New collection; Title of burden; (3) ways to enhance the quality, (410) 786–1326. Written comments and Information Collection: Public utility, and clarity of the information to recommendations for the proposed Reporting on Quality Outcomes be collected; and (4) the use of information collections must be mailed National Survey of Hospital Executives automated collection techniques or within 30 days of this notice directly to (‘‘PRO QUO’’); Use: CMS seeks to other forms of information technology to the OMB desk officer: survey hospitals quality improvement minimize the information collection OMB Human Resources and Housing executives in spring 2005 to assess burden. Branch, Attention: Christopher Martin, awareness of CMS Hospital Quality 1. Type of Information Collection New Executive Office Building, Room Initiatives and related publicity, and to Request: Extension of a currently 10235, Washington, DC 20503. assess impact of these initiatives on approved collection; Title of hospitals and their quality improvement Information Collection:. Hospital Dated: October 7, 2004. programs. Findings will be used to Reporting Initiative—Hospital Quality John P. Burke, III, enhance CMS programs to assist Measures; Use: The purpose is to collect Paperwork Reduction Act Team Leader, CMS hospitals in quality improvement. Form data to produce valid, reliable, Reports Clearance Officer, Office of Strategic Number: CMS–10128 (OMB#: 0938– comparable and salient quality Operations and Regulatory Affairs, Division NEW); Frequency: Once; Affected measures to provide a potent stimulus of Regulations Development and Issuances. Public: Not-for-profit institutions and for clinicians and providers to improve [FR Doc. 04–23122 Filed 10–14–04; 8:45 am] business or other for-profit; Number of the quality of care they provide. This BILLING CODE 4120–03–P Respondents: 1,600; Total Annual reporting initiative in which hospitals Responses: 1,600; Total Annual Hours: may participate is a significant step 792. toward a more informed public and a 2. Type of Information Collection means to sustain health care quality Request: New collection; Title of improvement. The data is currently Information Collection: Phone Surveys being collected from hospitals by CMS. of Product/Service for Medicare The hospitals submitting data have Payment Validation and Supporting volunteered to participate in public Regulations in 42 CFR 405.502; Form reporting. This effort places no No.: CMS–10112 (OMB# 0938–NEW);
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Use: The Phone Surveys of Product/ Dated: October 7, 2004. of health care providers, including Service for Medicare Payment John P. Burke, III, health centers, HRSA believes that IHI Validation will be used to identify Paperwork Reduction Act Team Leader, is uniquely qualified and essential to specific products/services provided to Office of Strategic Operations and Strategic assist the Agency in launching the pilot Medicare beneficiaries and the costs Affairs, Division of Regulations Development Perinatal/Patient Safety Health associated with the provision of those and Issuances. Disparities Collaborative in FY 2004. [FR Doc. 04–23123 Filed 10–14–04; 8:45 am] products/services. The information FOR FURTHER INFORMATION CONTACT: BILLING CODE 4120–03–P collected will be used to validate the Additional information may be obtained Medicare payment amounts for those from Ada Determan, HRSA/Bureau of products/services and institute revisions Primary Health Care, 4350 East West of payment amounts where necessary. DEPARTMENT OF HEALTH AND HUMAN SERVICES Highway, 8th Floor, Bethesda, Maryland The respondents will be the companies 20814; telephone: (301) 594–4358; fax: that have provided the product/service Health Resources and Services (301) 594–4081; e-mail: under review to Medicare beneficiaries.; Administration [email protected]. Frequency: On occasion; Affected Public: Business or other for-profit; Technical and Non-Financial Dated: October 8, 2004. Number of Respondents: 2,000; Total Assistance to Health Centers: Elizabeth M. Duke, Annual Responses: 2,000; Total Annual Perinatal/Patient Safety Pilot Health Administrator. Hours: 16,000. Disparities Collaborative Cooperative [FR Doc. 04–23184 Filed 10–14–04; 8:45 am] 3. Type of Information Collection Agreement Announcement of Single BILLING CODE 4165–15–P Request: Extension of a currently Source Award approved collection; Title of AGENCY: Health Resources and Services DEPARTMENT OF HEALTH AND Information Collection: Assessing the Administration, HHS. HUMAN SERVICES Division of Beneficiary Inquiry ACTION: Announcement of Single Source Customer Service’s Performance for Award. Health Resources and Services Written Responses; Form No.: CMS– Administration 10068 (OMB# 0938–0894); Use: The SUMMARY: The Health Resources and Division of Beneficiary Inquiry Services Administration (HRSA) Notice of Senior Executive Service Customer Service (DBICS) will collect announces the award of a single source Performance Review Board information several times during FY cooperative agreement for $1,700,000 to Membership ’04–’05 to assess the customer service the Institute for Health Care provided via written responses. DBICS Improvement. This award is for an 18 The Health Resources and Services will conduct the written survey through month project period beginning Administration (HRSA) announces the mailings that will accompany actual September 1, 2004. The purpose of this appointment of members to the HRSA responses. The envelopes will be sent cooperative agreement is to pilot a Senior Executive Service (SES) by Release Clerks so that the actual Perinatal/Patient Safety Health Performance Review Board (PRB). This writer has no knowledge that a Disparities Collaborative for health action is being taken in accordance with particular response is being rated.; centers funded under section 330 of the Title 5, U.S.C. 4314(c)(4), which Frequency: Quarterly; Affected Public: Public Health Service (PHS) Act. requires notice of the appointment of Individuals or households; Number of Background: The Institute for Health members of performance review boards Respondents: 2,872; Total Annual Care Improvement (IHI) is uniquely to be published in the Federal Register. Responses: 2,872; Total Annual Hours: qualified. IHI is a private, non-profit The function of the PRB is to ensure 287. organization leading the improvement consistency, stability and objectivity in of health care throughout the world. IHI SES performance appraisals, and to To obtain copies of the supporting is a catalyst for change, cultivating statement and any related forms for the make recommendations to the innovative concepts for improving Administrator, HRSA, relating to the proposed paperwork collections patient care and implementing programs referenced above, access CMS’ Web Site performance of senior executives in the for putting those ideas into action. It is Agency. address at http://www.cms.hhs.gov/ recognized as a leading force in the regulations/pra/, or E-mail your request, challenge to improve health status, The following persons will serve on including your address, phone number, clinical outcomes, access to high quality the HRSA SES Performance Review OMB number, and CMS document acceptable care, patient satisfaction and Board: Dennis P. Williams, Catherine A. identifier, to [email protected], cost effectiveness in the health care Flickinger, Denise H. Geolot, Neil or call the Reports Clearance Office on arena. They have achieved this high Sampson, Merle G. McPherson, Samuel (410) 786–1326. level of standing among health Shekar, Stephen R. Smith, Marcia K. Written comments and professionals by developing and Brand, Kerry Nesseler, Katherine M. recommendations for the proposed teaching the Breakthrough Series to Marconi, Peter C. van Dyck, Deborah information collections must be mailed leaders interested in improving the Parham, Mary J. Horner, J. Henry within 60 days of this notice directly to quality of medical care. The Montes, Steven A. Pelovitz, Douglas the CMS Paperwork Clearance Officer Breakthrough Series methodology Morgan, James Macrae, A. Michelle designated at the following address: facilitates rapid implementation of Snyder, Patricia L. Mackey, Jon L. CMS, Office of Strategic Operations and successful care models in many area of Nelson, and Kay Templeton Garvey. Regulatory Affairs, Division of health care delivery. For further information about the Regulations Development and Given the mission of IHI, its HRSA Performance Review Board, Issuances, Attention: Melissa Musotto, recognized leadership position in contact Ms. Wendy Ponton, HRSA Room C5–14–03, 7500 Security implementing improvements in health Office of Administration and Financial Boulevard, Baltimore, Maryland 21244– care delivery systems, and its Management, 5600 Fishers Lane, Room 1850. experience in working with thousands 14A20, Rockville, Maryland 20857.
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Dated: October 8, 2004. documents, call the SAMHSA Reports dissemination activities. The purpose of Elizabeth M. Duke, Clearance Officer on (240) 276–1243. this submission is to extend the existing generic approval for such surveys. Administrator. Voluntary Customer Satisfaction The primary use for information [FR Doc. 04–23185 Filed 10–14–04; 8:45 am] Surveys To Implement Executive Order gathered is to identify strengths and BILLING CODE 4165–15–P 12862 in the Substance Abuse and weaknesses in current service Mental Health Services Administration provisions by SAMHSA and to make (SAMHSA)—(OMB No. 0930–0197)— improvements that are practical and DEPARTMENT OF HEALTH AND Extension HUMAN SERVICES feasible. Several of the customer Executive Order 12862 directs satisfaction surveys expected to be Substance Abuse and Mental Health agencies that ‘‘provide significant implemented under this approval will Services Administration services directly to the public’’ to provide data for measurement of ‘‘survey customers to determine the program effectiveness under the Agency Information Collection kind and quality of services they want Government Performance and Results Activities: Submission for OMB and their level of satisfaction with Act (GPRA). Information from these Review; Comment Request existing services.’’ SAMHSA provides customer surveys will be used to plan significant services directly to the and redirect resources and efforts to Periodically, the Substance Abuse and public, including treatment providers improve or maintain a high quality of Mental Health Services Administration and State substance abuse and mental service to health care providers and (SAMHSA) will publish a summary of health agencies, through a range of members of the public. Focus groups information collection requests under mechanisms, including publications, may be used to develop the survey OMB review, in compliance with the training, meetings, technical assistance questionnaire in some instances. Paperwork Reduction Act (44 U.S.C. and Web sites. Many of these services The estimated annual hour burden is Chapter 35). To request a copy of these are focused on information as follows:
Number of Responses/ Hours/ Type of data collection respondents respondent response Total hours
Focus groups ...... 150 1 2.50 375 Self-administered, mail, telephone and e- mail surveys ...... 45,000 1 .33 14,850
Total ...... 45,150 15,225
Written comments and SUMMARY: This Notice identifies Veterans Administration, No. 88–2503– recommendations concerning the unutilized, underutilized, excess, and OG (D.D.C.). proposed information collection should surplus Federal property reviewed by Properties reviewed are listed in this be sent by November 15, 2004 to: HUD for suitability for possible use to Notice according to the following SAMHSA Desk Officer, Human assist the homeless. categories: Suitable/available, suitable/ Resources and Housing Branch, Office unavailable, suitable/to be excess, and FOR FURTHER INFORMATION CONTACT: unsuitable. The properties listed in the of Management and Budget, New Kathy Burruss, room 7266, Department three suitable categories have been Executive Office Building, Room 10235, of Housing and Urban Development, reviewed by the landholding agencies, Washington, DC 20503; due to potential 451 Seventh Street SW., Washington, and each agency has transmitted to delays in OMB’s receipt and processing DC 20410; telephone (202) 708–1234; HUD: (1) Its intention to make the of mail sent through the U.S. Postal TTY number for the hearing- and property available for use to assist the Service, respondents are encouraged to speech-impaired (202) 708–2565 (these homeless, (2) its intention to declare the submit comments by fax to: (202) 395– telephone numbers are not toll-free), or property excess to the agency’s needs, or 6974. call the toll-free Title V information line (3) a statement of the reasons that the Dated: October 7, 2004. at 1–800–927–7588. property cannot be declared excess or Anna Marsh, SUPPLEMENTARY INFORMATION: In made available for use as facilities to Executive Officer, SAMHSA. accordance with 24 CFR part 581 and assist the homeless. [FR Doc. 04–23145 Filed 10–14–04; 8:45 am] section 501 of the Stewart B. McKinney Properties listed as suitable/available BILLING CODE 4162–20–P Homeless Assistance Act (42 U.S.C. will be available exclusively for 11411), as amended, HUD is publishing homeless use for a period of 60 days this Notice to identify Federal buildings from the date of this Notice. Where and other real property that HUD has property is described as for ‘‘off-site use DEPARTMENT OF HOUSING AND reviewed for suitability for use to assist only’’ recipients of the property will be URBAN DEVELOPMENT the homeless. The properties were required to relocate the building to their reviewed using information provided to own site at their own expense. [Docket No. FR–4901–N–42] HUD by Federal landholding agencies Homeless assistance providers regarding unutilized and underutilized interested in any such property should Federal Property Suitable as Facilities buildings and real property controlled send a written expression of interest to to Assist the Homeless by such agencies or by GSA regarding HHS, addressed to Heather Ranson, AGENCY: Office of the Assistant its inventory of excess or surplus Division of Property Management, Secretary for Community Planning and Federal property. This Notice is also Program Support Center, HHS, room Development, HUD. published in order to comply with the 5B–17, 5600 Fishers Lane, Rockville, December 12, 1988 Court Order in MD 20857; (301) 443–2265. (This is not ACTION: Notice. National Coalition for the Homeless v. a toll-free number.) HHS will mail to the
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interested provider an application Dated: October 7, 2004. Bldg. TAN711 packet, which will include instructions Mark. R. Johnston, Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– for completing the application. In order Director, Office of Special Needs Assistance Landholding Agency: Energy Programs. to maximize the opportunity to utilize a Property Number: 41200430094 suitable property, providers should Title V, Federal Surplus Property Program Status: Excess submit their written expressions of Federal Register Report For 10/15/2004 Reason: Secured Area interest as soon as possible. For Suitable/Available Properties 6 Bldgs. complete details concerning the Idaho National Eng & Env Lab processing of applications, the reader is Buildings (by State) Scoville Co: Butte ID 83415– encouraged to refer to the interim rule Colorado Location: CPP602–CPP606, CPP609 Landholding Agency: Energy governing this program, 24 CFR part Western Montrose Hangar Property Number: 41200430095 581. Interstate 35 Status: Excess Montrose Co: CO 81401– Reason: Secured Area For properties listed as suitable/to be Landholding Agency: GSA excess, that property may, if Property Number: 54200440001 5 Bldgs. subsequently accepted as excess by Status: Excess Idaho National Eng & Env Lab GSA, be made available for use by the Comment: 60 ×120 airport hangar, off-site use Scoville Co: Butte ID 83415– Location: CPP611–CPP614, CPP616 homeless in accordance with applicable only GSA Number: 7–B–CO–0624 Landholding Agency: Energy law, subject to screening for other Property Number: 41200430096 Federal use. At the appropriate time, Oklahoma Status: Excess HUD will publish the property in a Jay Federal Building Reason: Secured Area Notice showing it as either suitable/ 210 S 5th Street 4 Bldgs. available or suitable/unavailable. Jay Co: Delaware OK 74346– Idaho National Eng & Env Lab Landholding Agency: GSA Scoville Co: Butte ID 83415– For properties listed as suitable/ Property Number: 54200440002 Location: CPP621, CPP626, CPP630, CPP 639 unavailable, the landholding agency has Status: Surplus Landholding Agency: Energy decided that the property cannot be Comment: 10153 sq. ft., most recent use— Property Number: 41200430097 declared excess or made available for office, 49% occupied until December 2006 Status: Excess GSA Number: 7–G–OK–0565 use to assist the homeless, and the Reason: Secured Area property will not be available. Unsuitable Properties 4 Bldgs. Idaho National Eng & Env Lab Properties listed as unsuitable will Buildings (by State) Scoville Co: Butte ID 83415– not be made available for any other Idaho Location: CPP641, CPP644, CPP645, CCP649 purpose for 20 days from the date of this 3 Bldgs. Landholding Agency: Energy Notice. Homeless assistance providers Idaho National Eng & Env Lab Property Number: 41200430098 interested in a review by HUD of the Scoville Co: Butte ID 83415– Status: Excess determination of unsuitability should Location: TRA603, TRA604, TRA610 Reason: Secured Area call the toll free information line at 1– Landholding Agency: Energy Bldgs. CPP651–CPP655 Property Number: 41200430089 Idaho National Eng & Env Lab 800–927–7588 for detailed instructions Status: Excess Scoville Co: Butte ID 83415– or write a letter to Mark Johnston at the Reason: Secured Area Landholding Agency: Energy address listed at the beginning of this Bldg. TAN611 Property Number: 41200430099 Notice. Included in the request for Idaho National Eng & Env Lab Status: Excess review should be the property address Scoville Co: Butte ID 83415– Reason: Secured Area (including zip code), the date of Landholding Agency: Energy Bldgs. CPP659–CPP663 publication in the Federal Register, the Property Number: 41200430090 Idaho National Eng & Env Lab landholding agency, and the property Status: Excess Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy number. 5 Bldgs. Property Number: 41200440001 For more information regarding Idaho National Eng & Env Lab Status: Excess particular properties identified in this Scoville Co: Butte ID 83415– Reason: Secured Area Notice (i.e., acreage, floor plan, existing Location: TRA626, TRA635, TRA642, Bldgs. CPP666, CPP668 sanitary facilities, exact street address), TRA648, TRA654 Idaho National Eng & Env Lab providers should contact the Landholding Agency: Energy Scoville Co: Butte ID 83415– Property Number: 41200430091 Landholding Agency: Energy appropriate landholding agencies at the Status: Excess Property Number: 41200440002 following addresses: GSA: Mr. Brian K. Reason: Secured Area Status: Excess Polly, Assistant Commissioner, General Bldg. TAN655 Reason: Secured Area Services Administration, Office of Idaho National Eng & Env Lab 3 Bldgs. Property Disposal, 18th and F Streets, Scoville Co: Butte ID 83415– Idaho National Eng & Env Lab NW., Washington, DC 20405; (202) 501– Landholding Agency: Energy Scoville Co: Butte ID 83415– 0084; NAVY: Mr. Charles C. Cocks, Property Number: 41200430092 Location: CPP674, CPP675, CPP679 Department of the Navy, Real Estate Status: Excess Landholding Agency: Energy Reason: Secured Area Property Number: 41200440003 Policy Division, Facilities Engineering 3 Bldgs. Status: Excess command, Washington Navy Yard, 1322 Idaho National Eng & Env Lab Reason: Secured Area Patterson Ave., SE., Suite 1000, Scoville Co: Butte ID 83415– 3 Bldgs. Washington, DC 20374–5065; (202) 685– Location: TRA657, TRA661, TRA668 Idaho National Eng & Env Lab 9200; (These are not toll-free numbers). Landholding Agency: Energy Scoville Co: Butte ID 83415– Property Number: 41200430093 Location: CPP684, CPP687, CPP688 Status: Excess Landholding Agency: Energy Reason: Secured Area Property Number: 41200440004
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Status: Excess Privacy Act and Freedom of Information the purpose of enhancement of the Reason: Secured Area Act, by any party who submits a written survival of the species. Idaho request for a copy of such documents PRT–091943 7 Bldgs. within 30 days of the date of publication Idaho National Eng & Env Lab of this notice to: U.S. Fish and Wildlife Applicant: Clyde R. Robinson, Jr., Scoville Co: Butte ID 83415– Service, Division of Management Ballston Spa, NY Location: CPP690, CPP692, CPP694, CPP696– Authority, 4401 North Fairfax Drive, The applicant requests a permit to CPP699 Room 700, Arlington, Virginia 22203; import three pair of captive hatched Landholding Agency: Energy fax 703/358–2281. Property Number: 41200440005 Hawaiian ducks (Anas wyvilliana) for Status: Excess FOR FURTHER INFORMATION CONTACT: the purpose of captive propagation. Reason: Secured Area Division of Management Authority, PRT–094332 3 Bldgs. telephone 703/358–2104. Idaho National Eng & Env Lab SUPPLEMENTARY INFORMATION: Applicant: Arizona State University/ Scoville Co: Butte ID 83415– Department of Anthropology, Tempe, Location: CPP701, CPP701A, CPP708 Endangered Species AZ Landholding Agency: Energy The public is invited to comment on The applicant requests a permit to Property Number: 41200440006 the following applications for a permit authorize the import of biological Status: Excess to conduct certain activities with samples from wild, captive-held, and Reason: Secured Area endangered species. This notice is captive-born chimpanzees (Pan Bldgs. 711, 719A provided pursuant to section 10(c) of troglodytes), pygmy chimpanzees (Pan Idaho National Eng & Env Lab the Endangered Species Act of 1973, as Scoville Co: Butte ID 83415– paniscus), gorilla (Gorilla gorilla), and Landholding Agency: Energy amended (16 U.S.C. 1531, et seq.). orangutan (Pongo pygmaeus) from Property Number: 41200440007 Written data, comments, or requests for various countries for the purpose of Status: Excess copies of these complete applications scientific research. This notification Reason: Secured Area should be submitted to the Director covers activities to be conducted by the 4 Bldgs. (ADDRESSES above). applicant over a five-year period. Idaho National Eng & Env Lab PRT–093272 Scoville Co: Butte ID 83415– PRT–090787, 090788 to 090803. Location: CPP724–CPP726, CPP728 Applicant: Thomas L. Scott, Applicant: Feld Entertainment, Vienna, Landholding Agency: Energy Wrightsville, PA VA Property Number: 41200440008 The applicant requests a permit to The applicant requests permits to Status: Excess import the sport-hunted trophy of one Reason: Secured Area import seven male and nine female male bontebok (Damaliscus pygargus bengal tigers (Panthera tigris) for the New York pygargus) culled from a captive herd purpose of enhancement of the species Woodhaven Housing maintained under the management through conservation education. The Park Drive program of the Republic of South Africa, permit numbers and animals are Rome Co: NY 13440– for the purpose of enhancement of the 090787—Sahib, 090788—Calcutta, Landholding Agency: GSA survival of the species. Property Number: 54200440003 090790—Lola, 090791—Mysore, Status: Surplus PRT–093281 090792—Khan, 090793—Royal, Reason: Extensive deterioration 090794—Gorg, 090795—Isa, 090796— GSA Number: 1–D–NY–0831–C Applicant: George R. Fusner, Jr., Savona, 090797—Zambra, 090798— Brentwood, TN [FR Doc. 04–22966 Filed 10–14–04; 8:45 am] Susy, 090799—Sultan, 090800–Lilly, The applicant requests a permit to 090801—Ayora, 090802—Bali, BILLING CODE 4210–29–M import the sport-hunted trophy of one 090803—Sultan. This notification male bontebok (Damaliscus pygargus covers activities to be conducted by the pygargus) culled from a captive herd applicant over a three-year period and DEPARTMENT OF THE INTERIOR maintained under the management the re-export of any potential progeny program of the Republic of South Africa, Fish and Wildlife Service born while within the United States. for the purpose of enhancement of the The re-export of the tigers will be Receipt of Applications for Permit survival of the species. published at a later date. AGENCY: Fish and Wildlife Service, PRT–092526 Marine Mammals Interior. Applicant: Rosamond Gifford Zoo at The public is invited to comment on ACTION: Notice of receipt of applications Burnet Park, Syracuse, NY the following applications for a permit for permit. The applicant requests a permit to to conduct certain activities with marine export semen samples from captive held mammals. The applications were SUMMARY: The public is invited to Asian elephant (Elephas maximus) to submitted to satisfy requirements of the comment on the following applications the University of Ontario, Guelph, Marine Mammal Protection Act of 1972, to conduct certain activities with Ontario, Canada for the purpose of as amended (16 U.S.C. 1361, et seq.), endangered species and/or marine scientific research. and the regulations governing marine mammals. mammals (50 CFR part 18). Written PRT–093171 DATES: Written data, comments or data, comments, or requests for copies requests must be received by November Applicant: William L. Heubaum, of the complete applications or requests 15, 2004. Yankton, SD for a public hearing on these ADDRESSES: Documents and other The applicant requests a permit to applications should be submitted to the information submitted with these import the sport-hunted trophy of one Director (address above). Anyone applications are available for review, male black-faced impala (Aepyceros requesting a hearing should give subject to the requirements of the melampus petersi) taken in Namibia, for specific reasons why a hearing would be
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appropriate. The holding of such a request for a copy of such documents to: and possible treatment as quickly as hearing is at the discretion of the U.S. Fish and Wildlife Service, Division possible will benefit the chimpanzee Director. of Management Authority, 4401 North population in the wild. Fairfax Drive, Room 700, Arlington, PRT–093627 Dated: October 1, 2004. Virginia 22203, telephone 703/358–2104 Michael L. Carpenter, Applicant: William D. Hober, Easton, or fax 703/358–2281. CT Acting Chief, Branch of Permits— FOR FURTHER INFORMATION CONTACT: International Division of Management The applicant requests a permit to Division of Management Authority, Authority. import a polar bear (Ursus maritimus) telephone 703/358–2104. [FR Doc. 04–23130 Filed 10–14–04; 8:45 am] sport hunted from the Foxe Basin polar SUPPLEMENTARY INFORMATION: On bear population in Canada prior to BILLING CODE 4310–55–P September 24, 2004, the U.S. Fish and February 18, 1997, for personal use. Wildlife Service (Service) issued a PRT–092340 permit (PRT–094219) to the Lincoln DEPARTMENT OF THE INTERIOR Park Zoological Park, Chicago, IL, to Applicant: Guy P. Ferraro, Union Beach, Fish and Wildlife Service NJ import tissue samples from a male chimpanzee (Pan troglodytes) which The applicant requests a permit to Issuance of Permits died in the wild in the Gombe Stream import a polar bear (Ursus maritimus) Reserve, Tanzania, for the purpose of sport hunted from the Viscount Melville AGENCY: Fish and Wildlife Service, scientific research to determine the Sound polar bear population in Canada Interior. cause of death and possible veterinary for personal use on September 7, 2004, ACTION: intervention required. This action was Notice of issuance of permits for (69 FR 54149). authorized under Section 10(c) of the marine mammals. Dated: October 1, 2004. Endangered Species Act of 1973, as SUMMARY: The following permits were Michael L. Carpenter, amended (16 U.S.C. 1531, et seq.). The issued. Senior Permit Biologist, Branch of Permits, Service determined that an emergency Division of Management Authority. affecting the health and life of the ADDRESSES: Documents and other [FR Doc. 04–23129 Filed 10–14–04; 8:45 am] remaining chimpanzee population of information submitted with these BILLING CODE 4310–55–P the Gombe Stream Reserve existed, and applications are available for review, that no reasonable alternative was subject to the requirements of the available to the applicant for the Privacy Act and Freedom of Information DEPARTMENT OF THE INTERIOR following reasons. Act, by any party who submits a written The Lincoln Park Zoo requested a request for a copy of such documents to: Fish and Wildlife Service permit to import multiple tissue U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Emergency Exemption: Issuance of samples from a male chimpanzee which Fairfax Drive, Room 700, Arlington, Permit for Endangered Species recently died in the Gombe Stream Reserve, Tanzania for emergency and Virginia 22203; fax 703/358–2281. AGENCY: Fish and Wildlife Service, ongoing health/disease evaluation FOR FURTHER INFORMATION CONTACT: Interior. purposes. Samples will be utilized Division of Management Authority, ACTION: Notice of emergency issuance of exclusively for diagnostic and scientific telephone 703/358–2104. permit for endangered species. purposes. The specimens will be used to SUPPLEMENTARY INFORMATION: Notice is run diagnostics tests to determine the hereby given that on the dates below, as SUMMARY: The following permit was cause of death of the animal that died. authorized by the provisions of the issued. Additional animals appear to be affected Marine Mammal Protection Act of 1972, ADDRESSES: Documents and other with similar symptoms as the animal as amended (16 U.S.C. 1361, et seq.), the information submitted for this which died and the necessary diagnostic Fish and Wildlife Service issued the application are available for review, testing is not available in Africa to requested permits subject to certain subject to the requirements of the adequately and quickly diagnose the conditions set forth therein. Privacy Act and Freedom of Information pathogen or pathogens involved. The Act, by any party who submits a written determination of the cause of the illness Marine Mammals
Permit Permit issuance number Applicant Receipt of application Federal Register notice date
041309 ..... Marine Mammals Management ...... 69 FR 45343; July 29, 2004 ...... August 31, 2004
Dated: October 1, 2004. DEPARTMENT OF THE INTERIOR Species (ANS) Task Force Northeast Michael L. Carpenter, Regional Panel. The meeting topics are Senior Permit Biologist, Branch of Permits, Fish and Wildlife Service identified in the SUPPLEMENTARY INFORMATION. Division of Management Authority. Aquatic Nuisance Species Task Force [FR Doc. 04–23128 Filed 10–14–04; 8:45 am] Northeast Regional Panel Meeting DATES: The Northeast Regional Panel BILLING CODE 4310–55–P AGENCY: Fish and Wildlife Service, will meet from 1 p.m. to 5 p.m. Interior. Tuesday, November 9, 2004, and 8:30 a.m. to 4 p.m. on Wednesday, November ACTION: Notice of meeting. 10, 2004. Minutes of the meeting will be SUMMARY: This notice announces a available for public inspection during meeting of the Aquatic Nuisance
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regular business hours, Monday through species prevention, research, and meeting will be held at the Shilo Inn, Friday. control. 2500 Almond Street, Klamath Falls, The Northeast Regional Panel will ADDRESSES: The Northeast Regional Oregon. discuss several topics at this meeting Panel meeting will be held at the FOR FURTHER INFORMATION CONTACT: Phil including: updates from both the ANS Gideon Putnam Hotel and Conference Detrich, Field Supervisor, U.S. Fish and Task Force and the National Invasive Center, 24 Gideon Putnam Road, Wildlife Service, 1829 South Oregon Species Council, and updates from other Saratoga Springs, NY 12866. Phone Street, Yreka, California 96097, groups including State and Regional 518–226–4700. Minutes of the meeting telephone (530) 842–5763. updates; committee break-out planning will be maintained in the office of Chief, sessions and updates; New York State SUPPLEMENTARY INFORMATION: For Division of Environmental Quality, U.S. highlights; research priorities, progress background information on the Task Fish and Wildlife Service, Suite 322, on the rapid assessment, the New Force, please refer to the notice of their 4401 North Fairfax Drive, Arlington, Hampshire outreach pilot program; the initial meeting that appeared in the Virginia 22203–1622. pet industry panel, and a feature on sea Federal Register on July 8, 1987 (52 FR FOR FURTHER INFORMATION CONTACT: lamprey including management 25639) Michele Tremblay, Northeast Panel strategies in New York. Dated: October 8, 2004. Coordinator, Nature Source Dated: September 22, 2004. John Engbring, Communications, P.O. Box 3019, Deputy Manager, California/Nevada Boscawen, NH, 03303, 603–796–2615, M.A. Parker, Co-Chair, Aquatic Nuisance Species Task Operations Office, U.S. Fish and Wildlife or Everett Wilson, Chief, Division of Service. Environmental Quality, U.S. Fish and Force, Assistant Director—Fisheries & Habitat Conservation. [FR Doc. 04–23141 Filed 10–14–04; 8:45 am] Wildlife Service at 703–358–2148. [FR Doc. 04–23178 Filed 10–14–04; 8:45 am] BILLING CODE 4310–55–P SUPPLEMENTARY INFORMATION: Pursuant BILLING CODE 4310–55–P to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. DEPARTMENT OF THE INTERIOR I), this notice announces meetings of the DEPARTMENT OF THE INTERIOR Aquatic Nuisance Species Task Force Bureau of Land Management Northeast Regional Panel. The Task Fish and Wildlife Service [WY–920–1320–EL, WYW151634] Force was established by the Nonindigenous Aquatic Nuisance Notice of Meetings of the Klamath Notice of Competitive Coal Lease Sale, Prevention and Control Act of 1990. The River Basin Fisheries Task Force Wyoming Northeast Regional Panel was AGENCY: Fish and Wildlife Service, AGENCY: Bureau of Land Management, established by the ANS Task Force in Interior. Interior. 2001 and is comprised of ACTION: Notice of meetings. representatives from Federal, State, and ACTION: Notice of competitive coal lease local agencies and from private SUMMARY: Pursuant to section 10(a)(2) of sale. the Federal Advisory Committee Act (5 environmental and commercial SUMMARY: Notice is hereby given that U.S.C. App. I), this notice announces a interests. certain coal resources in the West Hay meeting of the Klamath River Basin The purpose of the Panel is to advise Creek Tract described below in Fisheries Task Force, established under and make recommendations to the Campbell County, WY, will be offered the authority of the Klamath River Basin Aquatic Nuisance Species Task Force on for competitive lease by sealed bid in Fishery Resources Restoration Act (16 issues relating to the Northeast region of accordance with the provisions of the U.S.C. 460ss et seq.). The meeting is the United States that includes: Mineral Leasing Act of 1920, as open to the public. The purpose of the Connecticut, Massachusetts, Maine, amended (30 U.S.C. 181 et seq.). New Hampshire, New York, Rhode meeting is to continue providing DATES: The lease sale will be held at 10 Island and Vermont. Responsibilities of recommendations from the affected interests to the Department of the a.m., on Wednesday, November 17, the Panel include: a. Identifying 2004. Sealed bids must be submitted on priorities for the Northeast Region with Interior on implementation of their program to restore anadromous or before 4 p.m., on Tuesday, November respect to aquatic nuisance species; 16, 2004. b. Making recommendations to the Task fisheries, including salmon and Force regarding actions to carry out steelhead, of the Klamath River in ADDRESSES: The lease sale will be held aquatic invasive species programs. California and Oregon. in the First Floor Conference Room c. Assisting the Task Force in DATES: The first meeting will be from 9 (Room 107), of the BLM Wyoming State coordinating Federal aquatic nuisance a.m. to 5 p.m. on February 9, 2005, and Office, 5353 Yellowstone Road, P.O. species program activities in the from 8 a.m. to 1 p.m. on February 10, Box 1828, Cheyenne, WY 82003. Sealed Northeast region; d. Coordinating, 2005. The second meeting will be from bids must be submitted to the Cashier, where possible, aquatic invasive species 9 a.m. to 5 p.m. on June 15, 2005, and BLM Wyoming State Office, at the program activities in the Northeast from 8 a.m. to 1 p.m. on June 16, 2005. address given above. region that are not conducted pursuant The third meeting will be from 9 a.m. FOR FURTHER INFORMATION CONTACT: Julie to the Nonindigenous Aquatic Nuisance to 5 p.m. on October 19, 2005, and from Weaver, Land Law Examiner, or Robert Prevention and Control Act of 1990 (as 8 a.m. to 1 p.m. on October 20, 2005. Janssen, Coal Coordinator, at 307–775– amended, 1996); e. Providing advice to ADDRESSES: The first meeting will be 6260, and 307–775–6206, respectively. public and private individuals and held at the Elk Valley Rancheria, 2500 SUPPLEMENTARY INFORMATION: This coal entities concerning methods of Howland Hill Road, Crescent City, lease sale is being held in response to controlling aquatic nuisance species; California. The second meeting will be a lease by application (LBA) filed by and f. Submitting an annual report held at the Convention Center, Best Triton Coal Company, LLC. The Federal describing activities within the Western Western Miner’s Inn, 112 E. Miner coal tract being considered for sale is region related to aquatic nuisance Street, Yreka, California. The third adjacent to the Buckskin Mine operated
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by Triton Coal Company, LLC. Triton Three additional seam/splits below the from the BLM Wyoming State Office at Coal Company, LLC, is a wholly owned Canyon occur over limited areas on the the addresses above. Case file subsidiary of Vulcan Intermediary, LLC. LBA and range from 0–9 feet thick. The documents, WYW151634, are available The coal resources to be offered consist overburden depths range from about 32– for inspection at the BLM Wyoming of all reserves recoverable by surface 275 feet thick. The interburden between State Office. mining methods in the following- the upper split and the Anderson ranges Dated: August 12, 2004. described lands located 11 miles north from 4–6 feet thick, between the Alan Rabinoff, of Gillette, Wyoming, in north-central Anderson and the middle seam from Campbell County approximately two 14–20 feet thick, between the middle Deputy State Director, Minerals and Lands. miles east of U.S. Highway 14/16, four seam and the Canyon seam from 6–37 [FR Doc. 04–22556 Filed 10–14–04; 8:45 am] miles west of State Highway 59 and feet thick, and between the lower three BILLING CODE 4310–22–P crossed by Hay Creek. The BLM has split/seams from 0–40 feet thick where increased the size of the LBA by they occur on the LBA. approximately 83.06 acres along the The tract contains an estimated DEPARTMENT OF THE INTERIOR 142,698,000 tons of mineable coal. This northern and southeastern boundary in Bureau of Land Management order to maximize economic recovery estimate of mineable reserves includes and to avoid a potential bypass of the Canyon and Anderson seams as well [NV–050–1430–ER] federal coal. The legal description for as the other seams/splits mentioned the property is as follows: above, but does not include any tonnage Notice of Availability of the Final from localized seams or splits Supplemental Environmental Impact T. 52 N., R. 72 W., 6th P.M., Wyoming; Statement for the Flood Control Master Sec. 17: Lots 5 (S1⁄2), 6 (S1⁄2), 7 (S1⁄2), 8 containing less than 5 feet of coal. The Plan, Clark County Regional Flood (S1⁄2), 9–14; total mineable stripping ratio (BCY/Ton) Sec. 18: Lots 12 (SE1⁄4), 13 (E1⁄2), 20 (E1⁄2); of the coal is about 2.0:1. Potential Control District, NV Sec. 19: Lots 5 (E1⁄2), 12 (E1⁄2), 13 (E1⁄2), 20 bidders for the LBA should consider the AGENCY: Bureau of Land Management, (E1⁄2); recovery rate expected from thick seam 1 1 1 Interior. Sec. 20: Lots 2 (W ⁄2, W ⁄2E ⁄2), 3–6, 7 and multiple seam mining. 1 1 1 1 1 1 COOPERATING AGENCY: U.S. Army Corps (W ⁄2, W ⁄2E ⁄2), 10 (W ⁄2, W ⁄2E ⁄2), 11– The West Hay Creek LBA coal is 1 2 1 2 1 2 of Engineers, Sacramento District. 14, 15 (W ⁄ , W ⁄ E ⁄ ). ranked as subbituminous C. The overall Containing 921.1575 acres, more or less. average quality on an as-received basis ACTION: Notice of availability. The tract is adjacent to Federal coal is 8346 BTU/lb with about 0.28 percent SUMMARY: Pursuant to the National leases to the south and east, to a State sulfur and 1.75 percent sodium in the Environmental Policy Act of 1969 and of Wyoming coal lease to the northeast, ash. These quality averages place the the Federal Land Policy and and to an imbedded private lot all coal reserves near the low end of the Management Act of 1976, the Bureau of controlled by the Buckskin Mine. It is range of coal quality currently being Land Management (BLM) has prepared also adjacent to additional unleased mined in the Wyoming portion of the and completed the Final Supplemental Federal coal to the north and west. Powder River Basin. Environmental Impact Statement for the All of the acreage offered has been The tract will be leased to the Flood Control Master Plan, Clark determined to be suitable for mining. qualified bidder of the highest cash County Regional Flood Control District, Hay Creek is not expected to qualify as amount provided that the high bid approved June 4, 1991, by Record of an alluvial valley floor and so can be equals or exceeds the BLM’s estimate of Decision. diverted, mined out, and restored. Other the fair market value of the tract. The features such as pipelines can be moved minimum bid for the tract is $100 per DATES: The FSEIS will be available to to permit coal recovery. Finally, acre or fraction thereof. No bid that is the public for a 30-day period prior to numerous oil and/or gas wells have less than $100 per acre, or fraction the Record of Decision (ROD) being been drilled on the tract. The estimate thereof, will be considered. The bids finalized. The date the Environmental of the bonus value of the coal lease will should be sent by certified mail, return Protection Agency publishes the Notice include consideration of the future receipt requested, or be hand delivered. of Availability in the Federal Register production from these wells. An The Cashier will issue a receipt for each initiates the 30-day availability period. economic analysis of this future income hand-delivered bid. Bids received after ADDRESSES: You may submit comments stream will determine whether a well is 4 p.m., on Tuesday, November 16, 2004, by any of the following methods: bought out and plugged prior to mining will not be considered. The minimum • Web site: http://www.blm.nv.gov. or re-established after mining is bid is not intended to represent fair • E-mail: [email protected]. completed. All of the surface estate is market value. The fair market value of • Fax: (702) 515–5010. controlled by the Buckskin Mine. the tract will be determined by the • Mail: Bureau of Land Management, The tract contains surface mineable Authorized Officer after the sale. The Las Vegas Field Office, 4701 North coal reserves in the Wyodak seam lease issued as a result of this offering Torrey Pines Drive, Las Vegas, NV currently being recovered in the will provide for payment of an annual 89130–2301. adjacent, existing mines. On the tract, rental of $3.00 per acre, or fraction Individual respondents may request the Wyodak seam is divided into thereof, and of a royalty payment to the confidentiality. If you wish to withhold numerous seams and splits. The United States of 12.5 percent of the your name or street address from public primary seam is the Canyon seam which value of coal produced by strip or auger review or from disclosure under the varies from about 54–68 feet thick on mining methods and 8 percent of the Freedom of Information Act, you must the LBA. A shallower secondary seam, value of the coal produced by state this prominently at the beginning the Anderson, varies from about 16–19 underground mining methods. The of your written comment. Such requests feet thick on the LBA. A thin split above value of the coal will be determined in will be honored to the extent allowed by the Anderson reaches 5 feet thick in accordance with 30 CFR 206.250. law. All submissions from organizations places on the LBA. A thin seam between Bidding instructions for the tract and businesses, and from individuals the Anderson and Canyon varies offered and the terms and conditions of identifying themselves as between 5–10 feet thick on the LBA. the proposed coal lease are available representatives or officials of
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organizations or businesses, will be DEPARTMENT OF THE INTERIOR during meetings that are open to the available for public inspection in their public. entirety. Copies of the Final National Park Service Transcripts of Review Committee Supplemental Environmental Impact meetings are available approximately 8 Native American Graves Protection Statement for the Flood Control Master weeks after each meeting at the National and Repatriation Review Committee: Plan, Clark County Regional Flood NAGPRA program office, 1201 Eye Meeting Control District are available in the Las Street NW., Washington, DC. To request electronic copies of meeting transcripts, Vegas Field Office at the above address. AGENCY: National Park Service, Interior. send an e-mail message to FOR FURTHER INFORMATION CONTACT: For ACTION: Notice. [email protected]. Information about further information and/or to have your SUMMARY: NAGPRA, the Review Committee, and name added to our mailing list, contact This is notice of a meeting of the Native American Graves Protection Review Committee meetings is available Adrian A. Garcia, BLM, Las Vegas Field and Repatriation Review Committee. at the National NAGPRA Web site, Office, Telephone (702) 515–5089; e- The next Review Committee meeting is http://www.cr.nps.gov/nagpra; for the mail [email protected], or Jeff a public teleconference on November 2, Review Committee’s meeting protocol, Steinmetz at (702) 515–5097; e-mail 2004, to discuss proposed regulations select ‘‘Review Committee,’’ then select [email protected]. regarding future applicability of the ‘‘Procedures.’’ SUPPLEMENTARY INFORMATION: This statute (43 CFR 10.13), agenda items for Meeting Time and Remote Locations FSEIS was prepared to describe the a Review Committee meeting tentatively The teleconference meeting will begin potential environmental effects of scheduled for March 14–15, 2005, in at 2 p.m., and end at approximately 4 construction and operation of flood Hawaii, and to receive presentations p.m., e.s.t. Remote locations for public control facilities encompassing private and statements by Indian tribes, Native participation in the teleconference have Hawaiian organizations, museums, and public lands within the Las Vegas been established at the following Federal agencies, and the public. Valley and Boulder City by the Clark National Park Service offices. County Regional Flood Control District DATES: The meeting via teleconference Participants should call ahead to ensure for the next ten-year period. Due to is on November 2, 2004, from 2 p.m., access, bring proper identification, and changes in Federal regulations, regional until approximately 4 p.m., e.s.t. allow extra time to pass through growth, flooding history, and CCRFCD FOR FURTHER INFORMATION CONTACT: security at each location. project changes and objectives that have Designated Federal Officer, Native Washington, DC: Headquarters Office, occurred since 1991, this FSEIS was American Graves Protection and 1201 Eye Street NW., 7th floor, room 90. also prepared for the CCRFCD’s Master Repatriation Review Committee, From 2 p.m. to 4 p.m., e.s.t. Contact Plan to update the 1991 FEIS. This telephone (202) 354–2206, facsimile Robin Coates, (202) 354–2201. Boston, MA: Northeast Regional document also assesses impacts (202) 371–5197, e-mail _ Office, 15 State Street, 4th floor associated with the implementation of tim [email protected]. conference room. Enter through the the Master Plan and subsequent SUPPLEMENTARY INFORMATION: Visitors Center for Boston National updates. Authority: Native American Graves Historical Park. From 2 p.m to 4 p.m, The changing needs and interests of Protection and Repatriation Act (NAGPRA, e.s.t. Contact Chuck Smythe, (617) 223– the public and the growth within the 25 U.S.C. 3001 et seq.) and Federal Advisory 5014. Las Vegas Valley necessitates a revision Committee Act (FACA, 5 U.S.C. Appendix). Atlanta, GA: Southeast Regional to the Flood Control Master Plan FEIS. General Information Office, 100 Alabama Street, SW., 1924 Preliminary issues and management Building. From 2 p.m. to 4 p.m., e.s.t. The Review Committee was concerns have been identified by the Contact J. Anthony Paredes, (404) 562– established by NAGPRA. Review BLM and CCRFCD, their consultant, and 3117, extension 638. Committee members are appointed by other agencies, and represent the BLM’s Omaha, NE: Midwest Regional Office, the Secretary of the Interior. The Review 601 Riverfront Drive, 2nd floor west current information on existing issues Committee is responsible for monitoring and management concerns. The major conference room. From 1 p.m. to 3 p.m., the NAGPRA inventory and c.s.t. Contact Michelle Watson, (402) issue themes that will be addressed in identification process; reviewing and the SEIS include: Impacts to surface 661–1952. making findings related to the identity St. Paul, MN: Mississippi National water hydrology and water quality; or cultural affiliation of cultural items, River and Recreation Area, 111 East protection of Federally-listed species, or the return of such items; facilitating Kellogg Boulevard, room 212. From 1 State-listed species, and BLM sensitive the resolution of disputes; compiling in p.m. to 3 p.m., c.s.t. Contact Michael J. species; minimizing impacts to air inventory of culturally unidentifiable Evans, (651) 221–1028. quality; minimizing visibility impacts; human remains and recommending Denver, CO: Intermountain Regional balancing conflicting and compatible actions for developing a process for Office, 12795 West Alameda Parkway. land uses; protection of cultural and disposition of such remains; consulting From noon to 2 p.m., m.s.t. Contact Cyd paleontological resources; cumulative with Indian tribes and Native Hawaiian Martin (303) 969–2868. impacts of the project; and the creation organizations and museums on matters Santa Fe, NM: Intermountain of a new project-specific analysis within the scope of the work of the Regional Office—Santa Fe, 2968 Rodeo procedure for future flood control Review Committee affecting such tribes Park Drive West, 2nd floor, room 2080. facilities. or organizations; consulting with the From noon to 2 p.m., m.s.t. Contact Ed Dated: August 31, 2004. Secretary of the Interior in the Lee Natay, (505) 988–6896. development of regulations to carry out Oakland, CA: Pacific West Regional Sharon DiPinto, NAGPRA; and making Office, 111 Jackson Street, 6th floor Assistant Field Manager, Division of Lands. recommendations regarding future care conference room. From 11 a.m. to 1 [FR Doc. 04–23196 Filed 10–14–04; 8:45 am] of repatriated cultural items. The p.m., p.s.t. Contact Roger Kelly, (510) BILLING CODE 4310–HC–P Review Committee’s work is completed 817–1400.
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Seattle, WA: Pacific West Regional Correction: In the Federal Register of section, because the necessity to issue Office, 909 First Avenue, room 560. October 1, 2004, (FR 69 58947), on page current construction industry wage From 11 a.m. to 1 p.m., p.s.t. Contact 58948, in the first column, correct the determinations frequently and in large Fred York, (206) 220–4148. ADDRESSES column: The location for the volume causes procedures to be Anchorage, AK: Alaska Regional October 27 Public Hearing is the impractical and contrary to the public Office, 240 West 5th Avenue, room 409. Monday Afternoon Club, 120 North interest. From 10 a.m. to noon, a.s.t. Contact Lassen Street, Willows, California. General wage determination Janet Cohen, (907) 644–3462. Dated: October 7, 2004. decisions, and modifications and Honolulu, HI: Island Support Office, Frank Michny, supersedes decisions thereto, contain no 300 Ala Moana Boulevard. From 9 a.m. expiration dates and are effective from Regional Environmental Officer, Mid-Pacific to 11 a.m., h.s.t. Contact Melia Lane- Region. their date of notice in the Federal Kamehale, (808) 2693, extension 729. [FR Doc. 04–23147 Filed 10–14–04; 8:45 am] Register, or on the date written notice is received by the agency, whichever is Agenda for the Teleconference Meeting BILLING CODE 4310–MN–P earlier. These decisions are to be used The agenda for the November 2, 2004, in accordance with the provisions of 29 meeting includes a discussion of CFR parts 1 and 5. Accordingly, the DEPARTMENT OF LABOR proposed regulations regarding future applicable decision, together with any applicability of the statute [43 CFR Employment Standards Administration modifications issued, must be made a 10.13], agenda items for a Review part of every contract for performance of Committee meeting tentatively Wage and Hour Division; Minimum the described work within the scheduled for March 14–15, 2005, in Wages for Federal and Federally geographic area indicated as required by Hawaii, and to receive presentations Assisted Construction; General Wage an applicable Federal prevailing wage and statements by Indian tribes, Native Determination Decisions law and 29 CFR part 5. The wage rates Hawaiian organizations, museums, and fringe benefits, notice of which is Federal agencies, and the public. General wage determination decisions published herein, and which are Persons may submit written statements of the Secretary of Labor are issued in contained in the Government Printing for the Review Committee’s accordance with applicable law and are Office (GPO) document entitled consideration to the Designated Federal based on the information obtained by ‘‘General Wage Determinations Issued Officer, facsimile (202) 371–5197, e-mail the Department of Labor from its study Under The Davis-Bacon And Related [email protected]. of local wage conditions and data made Acts,’’ shall be the minimum paid by available from other sources. They contractors and subcontractors to Dated: October 8, 2004. specify the basic hourly wage rates and C. Timothy McKeown, laborers and mechanics. fringe benefits which are determined to Any person, organization, or Designated Federal Officer, Native American be prevailing for the described classes of Graves Protection and Repatriation Review governmental agency having an interest laborers and mechanics employed on in the rates determined as prevailing is Committee. construction projects of a similar [FR Doc. 04–23177 Filed 10–14–04; 8:45 am] encouraged to submit wage rate and character and in the localities specified fringe benefit information for BILLING CODE 4312–50–M therein. consideration by the Department. The determinations in these decisions Further information and self- of prevailing rates and fringe benefits explanatory forms for the purpose of DEPARTMENT OF THE INTERIOR have been made in accordance with 29 submitting this data may be obtained by CFR part 1, by authority of the Secretary Bureau of Reclamation writing to the U.S. Department of Labor, of Labor pursuant to the provisions of Employment Standards Administration, the Davis-Bacon Act of March 3, 1931, Renewal of the Sacramento River Wage and Hour Division, Division of Settlement Contracts, Shasta, Tehama, as amended (46 Stat. 1494, as amended, 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution Butte, Glenn, Colusa, Sutter, Yolo, and Avenue, NW., Room S–3014, Sacramento Counties, CA statutes referred to in 29 CFR part 1, Appendix, as well as such additional Washington, DC 20210. AGENCY: Bureau of Reclamation, statutes as may from time to time be Modification to General Wage Interior. enacted containing provisions for the Determination Decisions ACTION: Notice; correction of hearing payment of wages determined to be The number of the decisions listed to location. prevailing by the Secretary of Labor in the Government Printing Office accordance with the Davis-Bacon Act. document entitled ‘‘General Wage SUMMARY: The Bureau of Reclamation The prevailing rates and fringe benefits published in the Federal Register a Determinations Issued Under the Davis- determined in these decisions shall, in Bacon and related Acts’’ being modified notice of availability (NOA) and notice accordance with the provisions of the of public hearing for the draft are listed by Volume and State. Dates of foregoing statutes, constitute the publication in the Federal Register are environmental impact statement for the minimum wages payable on Federal and renewal of long-term contracts to deliver in parentheses following the decisions federally assisted construction projects being modified. water from the Central Valley Project to laborers and mechanics of the (CVP) to the Sacramento River specified classes engaged on contract VOLUME I Settlement Contractors. The NOA work of the character and in the New Jersey contained an incorrect location for the localities described therein. NJ030004 (Jun. 13, 2003) public hearing. Good cause is hereby found for not New York FOR FURTHER INFORMATION CONTACT: Mr. utilizing notice and public comment NY030002 (Jun. 13, 2003) Buford Holt, Environmental Specialist, procedure thereon prior to the issuance NY030003 (Jun. 13, 2003) Bureau of Reclamation, Northern of these determinations as prescribed in NY030004 (Jun. 13, 2003) California Area Office, at (530) 275– 5 U.S.C. 553 and not providing for delay NY030005 (Jun. 13, 2003) 1554, TDD (530) 275–8991. in the effective date as prescribed in that NY030008 (Jun. 13, 2003)
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NY030009 (Jun. 13, 2003) IL030007 (Jun. 13, 2003) NV030005 (Jun. 13, 2003) NY030010 (Jun. 13, 2003) IL030010 (Jun. 13, 2003) NV030009 (Jun. 13, 2003) NY030011 (Jun. 13, 2003) IL030016 (Jun. 13, 2003) NY030012 (Jun. 13, 2003) IL030017 (Jun. 13, 2003) General Wage Determination NY030014 (Jun. 13, 2003) IL030026 (Jun. 13, 2003) Publication NY030017 (Jun. 13, 2003) IL030053 (Jun. 13, 2003) NY030020 (Jun. 13, 2003) IL030055 (Jun. 13, 2003) General wage determinations issued NY030022 (Jun. 13, 2003) IL030065 (Jun. 13, 2003) under the Davis-Bacon and related Acts, NY030031 (Jun. 13, 2003) including those noted above, may be VOLUME V NY030032 (Jun. 13, 2003) found in the Government Printing Office NY030033 (Jun. 13, 2003) Arkansas (GPO) document entitled ‘‘General wage NY030036 (Jun. 13, 2003) AR030003 (Jun. 13, 2003) determinations Issued Under the Davis- NY030037 (Jun. 13, 2003) Louisiana Bacon And Related Acts’’. This NY030039 (Jun. 13, 2003) LA030005 (Jun. 13, 2003) publication is available at each of the 50 NY030040 (Jun. 13, 2003) LA030006 (Jun. 13, 2003) Regional Government Depository NY030041 (Jun. 13, 2003) LA030014 (Jun. 13, 2003) Libraries and many of the 1,400 NY030043 (Jun. 13, 2003) Missouri Government Depository Libraries across NY030044 (Jun. 13, 2003) MO030013 (Jun. 13, 2003) the country. NY030047 (Jun. 13, 2003) MO030058 (Jun. 13, 2003) General wage determinations issued NY030048 (Jun. 13, 2003) VOLUME VI NY030049 (Jun. 13, 2003) under the Davis-Bacon and related Acts NY030050 (Jun. 13, 2003) Alaska are available electronically at no cost on NY030051 (Jun. 13, 2003) AK030001 (Jun. 13, 2003) the Government Printing Office site at NY030061 (Jun. 13, 2003) Idaho http://www.access.gpo.gov/davisbacon. NY030066 (Jun. 13, 2003) ID030002 (Jun. 13, 2003) They are also available electronically by NY030072 (Jun. 13, 2003) ID030003 (Jun. 13, 2003) subscription to the Davis-Bacon Online NY030075 (Jun. 13, 2003) ID030015 (Jun. 13, 2003) Service (http:// NY030077 (Jun. 13, 2003) Oregon davisbacon.fedworld.gov) of the OR030001 (Jun. 13, 2003) VOLUME II National Technical Information Service OR030002 (Jun. 13, 2003) (NTIS) of the U.S. Department of Maryland OR030004 (Jun. 13, 2003) Commerce at 1–800–363–2068. This MD030002 (Jun. 13, 2003) OR030007 (Jun. 13, 2003) subscription offers value-added features MD030048 (Jun. 13, 2003) South Dakota such as electronic delivery of modified SD030002 (Jun. 13, 2003) Pennsylvania wage decisions directly to the user’s SD030006 (Jun. 13, 2003) PA030010 (Jun. 13, 2003) desktop, the ability to access prior wage Virginia SD030007 (Jun. 13, 2003) decisions issued during the year, VA030003 (Jun. 13, 2003) SD030008 (Jun. 13, 2003) VA030014 (Jun. 13, 2003) SD030010 (Jun. 13, 2003) extensive Help desk Support, etc. VA030018 (Jun. 13, 2003) Utah Hard-copy subscriptions may be VA030023 (Jun. 13, 2003) UT030001 (Jun. 13, 2003) purchased from: Superintendent of VA030031 (Jun. 13, 2003) UT030004 (Jun. 13, 2003) Documents, U.S. Government Printing VA030035 (Jun. 13, 2003) UT030007 (Jun. 13, 2003) Office, Washington, DC 20402, (202) VA030049 (Jun. 13, 2003) UT030008 (Jun. 13, 2003) 512–1800. Washington VA030051 (Jun. 13, 2003) When ordering hard-copy VA030055 (Jun. 13, 2003) WA030001 (Jun. 13, 2003) subscription(s), be sure to specify the VA030064 (Jun. 13, 2003) WA030002 (Jun. 13, 2003) State(s) of interest, since subscriptions VA030076 (Jun. 13, 2003) WA030003 (Jun. 13, 2003) VA030081 (Jun. 13, 2003) WA030005 (Jun. 13, 2003) may be ordered for any or all of the six VA030085 (Jun. 13, 2003) WA030007 (Jun. 13, 2003) separate Volumes, arranged by State. VA030088 (Jun. 13, 2003) WA030011 (Jun. 13, 2003) Subscriptions include an annual edition VA030092 (Jun. 13, 2003) WA030013 (Jun. 13, 2003) (issued in January or February) which VA030099 (Jun. 13, 2003) Wyoming includes all current general wage WY030001 (Jun. 13, 2003) determinations for the States covered by VOLUME III WY030002 (Jun. 13, 2003) each volume. Throughout the remainder Georgia WY030005 (Jun. 13, 2003) of the year, regular weekly updates will GA030003 (Jun. 13, 2003) be distributed to subscribers. VOLUME VII GA030073 (Jun. 13, 2003) Signed at Washington, DC This 7th Day of Arizona GA030085 (Jun. 13, 2003) October 2004. GA030086 (Jun. 13, 2003) AZ030001 (Jun. 13, 2003) GA030087 (Jun. 13, 2003) AZ030002 (Jun. 13, 2003) Terry Sullivan, GA030088 (Jun. 13, 2003) AZ030016 (Jun. 13, 2003) Acting Chief, Branch of Construction Wage Mississippi AZ030017 (Jun. 13, 2003) Determinations. MS030001 (Jun. 13, 2003) California [FR Doc. 04–22974 Filed 10–14–04; 8:45 am] MS030003 (Jun. 13, 2003) CA030033 (Jun. 13, 2003) BILLING CODE 4510–27–M Hawaii VOLUME IV HI030001 (Jun. 13, 2003) Illinois Nevada IL030001 (Jun. 13, 2003) NV030002 (Jun. 13, 2003) IL030002 (Jun. 13, 2003) NV030004 (Jun. 13, 2003)
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DEPARTMENT OF LABOR Dated: October 12, 2004. SUMMARY: USEC Inc., (USEC) submitted Susanne Bolton, a license application to the NRC on Office of the Assistant Secretary for Committee Management Officer. August 23, 2004, proposing the Veterans’ Employment and Training [FR Doc. 04–23169 Filed 10–14–04; 8:45 am] construction, operation and future BILLING CODE 7555–01–M decommissioning of the American President’s National Hire Veterans Centrifuge Plant (ACP) gas centrifuge Committee; Notice of Open Meeting uranium enrichment facility in Piketon, The President’s National Hire NATIONAL SCIENCE FOUNDATION OH. The NRC announces its intent to Veterans Committee was established prepare an Environmental Impact under 38 U.S.C. 4100 note Public Law Advisory Committee for Social, Statement (EIS) in accordance with the 107–288, Jobs For Veterans Act, to Behavioral and Economic Sciences; National Environmental Policy Act furnish information to employers with Notice of Meeting (NEPA) and NRC NEPA implementing regulations contained in 10 CFR part 51. respect to the productivity advantages In accordance with the Federal The EIS will examine the potential afforded by hiring qualified veterans Advisory Committee Act (Pub. L. 92– environmental impacts of the proposed and disabled veterans, and to encourage 463, as amended), the National Science USEC ACP. employer participation in the Career Foundation announces the following One Stop service system and other meeting. DATES: The public scoping process means. required by NEPA begins with The President’s National Hire Name: Advisory Committee for publication of this NOI and continues Veterans Committee will meet on Social, Behavioral, and Economic until December 6, 2004. Written Thursday, October 21, 2004, beginning Sciences (ACSBE) (#1171). comments submitted by mail should be Date and Time: November 4, 2004, at 8:30 a.m. in the Radisson Hotel and postmarked by that date to ensure 8:30 a.m.–5 p.m.; November 5, 2004, Conference Center, 12600 Roosevelt consideration. Comments mailed after 8:30 a.m.–12:30 p.m. that date will be considered to the Blvd., St. Petersburg, Florida 33716. Place: The meeting will take place in The committee will discuss raising extent possible. Arlington, Virginia, exact location TBD; employer awareness of the advantages NRC will conduct a public scoping once known, the exact location of the of hiring veterans. meeting to assist in defining the meeting will be posed on SBE’s Web site appropriate scope of the EIS, including Signed at Washington, DC, this 5th day of and you may also contact Patricia October, 2004. the significant environmental issues to Vinson, (703) 292–8700 or via e-mail at be addressed. The meeting date, times Frederico Juarbe Jr., [email protected]. and location are listed below: Assistant Secretary of Labor for Veterans’ Type of meeting: Open. Meeting Date: November 15, 2004. Employment and Training. Contact Person: Mr. Frederic J. Meeting Location: Vern Riffe Career [FR Doc. 04–23133 Filed 10–14–04; 8:45 am] Wending, Executive Officer, Directorate Technology Center, 175 Beaver Creek BILLING CODE 4510–79–P for Social, Behavioral, and Economic Road, Piketon, Ohio 45661. Sciences, National Science Foundation, Scoping Meeting: 7 p.m. to 9:45 p.m. 4201 Wilson Boulevard, Room 905, Members of the NRC staff will be NATIONAL SCIENCE FOUNDATION Arlington, VA 22230, (703) 292–8741. available for informal discussions with Summary Minutes: May be obtained members of the public from 6 p.m. to 7 Notice of Meeting; Advisory Committee from contact person listed above. p.m. The formal meeting and associated for Polar Programs Purpose of Meeting: To provide NRC presentation begins at 7 p.m. For advice and recommendations to the planning purposes, those who wish to In accordance with Federal Advisory National Science Foundation on major present oral comments at the meeting Committee Act (Pub. L. 92–463, as goals and policies pertaining to Social, are encouraged to pre-register by amended), the National Science Behavioral and Economic Sciences contacting Matthew Blevins of the NRC Foundation announces the following Directorate programs and activities. by telephone at 1–800–368–5642, meeting: Agenda: Discussion on issues, role Extension 7684, or by e-mail at Name: Advisory Committee for Polar and future direction of the Directorate [email protected] no later than November Programs (1130). for Social, Behavioral, and Economic 9, 2004. Interested persons may also Date/Time: November 15, 2004, 8 a.m. to Sciences. register to speak at the meeting. 5 p.m.; November 16, 2004, 8 a.m. to 3 p.m. Dated: October 12, 2004. Place: National Science Foundation, 4201 ADDRESSES: Members of the public and Wilson Boulevard, Stafford II, Room 595. Susanne Bolton, interested parties are invited and Type of Meeting: Open. Committee Management Officer. encouraged to submit comments to the Contact Person: Altie Metcalf, Office of [FR Doc. 04–23168 Filed 10–14–04; 8:45 am] Chief, Rules Review and Directives Polar Programs (OPP), National Science BILLING CODE 7555–01–M Branch, Mail Stop T–6D59, U.S. Nuclear Foundation, 4201 Wilson Boulevard, Regulatory Commission, Washington, Arlington, VA 22230, (703) 292–8030. DC 20555–0001. Due to the current mail Minutes: May be obtained from the contact situation in the Washington, DC area, person list above. NUCLEAR REGULATORY Purpose of Meeting: To advise NSF on the COMMISSION the NRC encourages comments to be impact of its policies, programs, and submitted electronically to activities of the polar research community; to Notice of Intent To Prepare an [email protected]. Please refer to Docket provide advice to the Director of OPP on Environmental Impact Statement for No. 70–7004 when submitting issues related to long range planning, and to the Proposed USEC American comments. form ad hoc subcommittees to carry out Centrifuge Plant FOR FURTHER INFORMATION CONTACT: needed studies and tasks. For Agenda: Staff presentations on program AGENCY: United States Nuclear general or technical information updates; review of the Committee of Visitors’ Regulatory Commission (NRC). associated with the license review of the USEC application, please contact: report on the Polar Research Support Section; ACTION: Notice of Intent (NOI). and discussions on International Polar Year. Yawar Faraz at (301) 415–8113. For
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general information on the NRC NEPA 3.0 Alternatives To Be Evaluated impacts to minority and low-income process, or the environmental review No action—The no-action alternative populations; and process related to the USEC application, would be to not build the proposed —Cumulative Effects: Impacts from please contact: Matthew Blevins at (301) ACP. Under this alternative the NRC past, present and reasonably 415–7684. would not approve the license foreseeable actions at and near the Information and documents application. This alternative serves as a site. associated with the USEC project, baseline for comparison. The examples under each resource including the USEC license application Proposed action—The proposed area are not intended to be all inclusive, (submitted on August 23, 2004), are action is the construction and operation nor is this list an indication that available for public review through the of a gas centrifuge uranium enrichment environmental impacts will occur. The NRC Electronic Reading Room: http:// facility located in Piketon, OH. list is presented to facilitate comments www.nrc.gov/reading-rm/adams.html, Implementation of the proposed action on the scope of the EIS. Additions to, or using accession number ML042800551. would require the issuance of an NRC deletions from, this list may occur as a Documents may also be obtained from license under the provisions of 10 CFR result of the public scoping process. the NRC Public Document Room at U.S. parts 30, 40 and 70. 5.0 Scoping Meetings Nuclear Regulatory Commission Other alternatives not listed here may Headquarters, 11555 Rockville Pike be identified through the scoping This NOI is to encourage public (first floor), Rockville, Maryland, process. involvement in the EIS process and to 20852–2738. solicit public comments on the SUPPLEMENTARY INFORMATION: 4.0 Environmental Impact Areas To proposed scope and content of the EIS. Be Analyzed NRC will hold a public scoping meeting 1.0 Background The following resource areas have in Piketon, OH on November 15, 2004 USEC submitted a license application been tentatively identified for analysis to solicit both oral and written which included an Environmental in the EIS: comments from interested parties. Scoping is an early and open process Report for a gas centrifuge uranium —Public and Occupational Health: enrichment facility, known as the ACP, designed to determine the range of Potential public and occupational to the NRC on August 23, 2004. The actions, alternatives, and potential consequences from construction, NRC environmental review will impacts to be considered in the EIS, and routine operation, transportation, and evaluate the potential environmental to identify the significant issues related credible accident scenarios (including impacts associated with the proposed to the proposed action. Scoping is natural events); intended to solicit input from the public ACP in parallel with the NRC safety and —Waste Management: Types of wastes and other agencies so that the analysis security reviews of the license expected to be generated, handled, can be more clearly focused on issues of application. The environmental review stored and subject to re-use or will be documented in draft and final genuine concern. The principal goals of disposal; Environmental Impact Statements in —Land Use: Plans, policies and the scoping process are to: accordance with NEPA and NRC NEPA controls; —Identify public concerns; implementing regulations contained in —Transportation: Transportation —Ensure that concerns are identified 10 CFR part 51. modes, routes, quantities, and risk early and are properly studied; —Identify alternatives that will be 2.0 USEC Enrichment Facility estimates; —Geology and Soils: Physical examined; If licensed, the proposed ACP would geography, topography, geology and —Identify significant issues that need to enrich uranium for use in soil characteristics; be analyzed; and manufacturing commercial nuclear fuel —Water Resources: Surface and —Eliminate unimportant issues. for use in power reactors. Feed and groundwater hydrology, water use The scoping meetings will begin with product material would be in the form and quality, and the potential for NRC staff providing a description of of uranium hexafluoride (UF6). USEC degradation; NRC’s role and mission followed by a seeks approval from the NRC to enrich —Ecology: Wetlands, aquatic, terrestrial, brief overview of NRC’s environmental uranium in the uranium-235 isotope up economically and recreationally review process and goals of the scoping to 10 percent. The enriched UF6 would important species, and threatened and meeting. The bulk of the meeting will be be transported to a fuel fabrication endangered species; allotted for attendees to make oral facility. The depleted UF6 would be —Air Quality: Meteorological comments. stored on site until a disposition conditions, ambient background, 6.0 Scoping Comments strategy (either re-use or disposal) is pollutant sources, and the potential carried out. for degradation; Written comments should be mailed Initially, the licensed capacity of the —Noise: Ambient, sources, and to the address listed above in the plant would be up to 3.5 million sensitive receptors; ADDRESSES section. separative work units (SWU) per year —Historical and Cultural Resources: The NRC staff will prepare a scoping [SWU relates to a measure of the work Historical, archaeological, and summary report in which it will used to enrich uranium]. USEC has traditional cultural resources; summarize public comments. The NRC requested that the NRC environmental —Visual and Scenic Resources: will make the scoping summary report review examine the impacts of an Landscape characteristics, manmade and project-related materials available enrichment plant with a 7 million SWU features and viewshed; for public review through its Electronic per year capacity to bound potential —Socioeconomics: Demography, Reading Room: http://www.nrc.gov/ future expansions. The safety and economic base, labor pool, housing, reading-rm/adams.html. The scoping security reviews of any future expansion transportation, utilities, public meeting summary and project-related beyond 3.5 million SWU per year would services/facilities, education, materials will also be available on the still have to be conducted by the NRC recreation, and cultural resources; NRC’s USEC Web page: http:// under a separate license amendment —Environmental Justice: Potential www.nrc.gov/materials/fuel-cycle-fac/ request from USEC. disproportionately high and adverse usecfacility.html (case sensitive).
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7.0 The NEPA Process 20005–4026, or delivered to Suite 340 at a collection of information unless it The EIS for the proposed ACP will be that address during normal business displays a currently valid OMB control prepared according to NEPA and NRC hours. Comments also may be submitted number. NEPA implementing regulations electronically through the PBGC’s Web The PBGC estimates that an average of contained in 10 CFR part 51. site at http://www.pbgc.gov/paperwork, 5 contributing sponsors or controlled After the scoping process is complete, or by fax to (202) 326–4112. The PBGC group members per year will respond to the NRC will prepare a draft EIS. The will make all comments available on its this collection of information. The draft EIS is scheduled to be published Web site, http://www.pbgc.gov. PBGC further estimates that the average by July 2005. A 45-day comment period Copies of the collection of annual burden of this collection of on the draft EIS is planned, and a public information may be obtained without information will be 12 hours and $3,300 meeting to receive comments will be charge by writing to the PBGC’s per respondent, with an average total held approximately three weeks after Communications and Public Affairs annual burden of 60 hours and $16,500. publication of the draft EIS. Availability Department at Suite 240 at the above The PBGC is soliciting public address or by visiting that office or comments to— of the draft EIS, the dates of the public • comment period, and information about calling (202) 326–4040 during normal Evaluate whether the collection of the public meeting will be announced in business hours. (TTY and TDD users information is necessary for the proper the Federal Register, on NRC’s USEC may call the Federal relay service toll- performance of the functions of the Web page, and in the local news media. free at 1–800–877–8339 and ask to be agency, including whether the connected to (202) 326–4040.) The information will have practical utility; The final EIS is expected to be • published in March 2006 and will regulation on Liability for Termination Evaluate the accuracy of the incorporate, as appropriate, public of Single-Employer Plans can be agency’s estimate of the burden of the comments received on the draft EIS. accessed on the PBGC’s Web site at collection of information, including the http://www.pbgc.gov. validity of the methodology and Signed in Rockville, MD, this 7th day of FOR FURTHER INFORMATION CONTACT: assumptions used; October 2004. • Enhance the quality, utility, and For the Nuclear Regulatory Commission. Harold J. Ashner, Assistant General Counsel, or Thomas H. Gabriel, clarity of the information to be B. Jennifer Davis, collected; and Attorney, Office of the General Counsel, • Chief, Environmental and Performance Pension Benefit Guaranty Corporation, Minimize the burden of the Assessment Directorate, Division of Waste collection of information on those who Management and Environmental Protection, 1200 K Street, NW., Washington, DC 20005–4026, (202) 326–4024. (For TTY are to respond, including through the Office of Nuclear Material Safety and use of appropriate automated, Safeguards. and TDD, call (800) 877–8339 and request connection to (202) 326–4024). electronic, mechanical, or other [FR Doc. 04–23134 Filed 10–14–04; 8:45 am] technological collection techniques or SUPPLEMENTARY INFORMATION: Section BILLING CODE 7590–01–P other forms of information technology, 4062 of the Employee Retirement e.g., permitting electronic submission of Income Security Act of 1974 provides responses. PENSION BENEFIT GUARANTY that the contributing sponsor of a single- Issued in Washington, DC, this 12th day of CORPORATION employer pension plan and members of the sponsor’s controlled group (‘‘the October, 2004. Proposed Submission of Information employer’’) incur liability (‘‘employer Stuart A. Sirkin, Collection for OMB Review; Comment liability’’) if the plan terminates with Director, Corporate Policy and Research Request; Liability for Termination of assets insufficient to pay benefit Department, Pension Benefit Guaranty Single-Employer Plans liabilities under the plan. The PBGC’s Corporation. statutory lien for employer liability and [FR Doc. 04–23182 Filed 10–14–04; 8:45 am] AGENCY: Pension Benefit Guaranty the payment terms for employer liability BILLING CODE 7708–01–P Corporation. are affected by whether and to what ACTION: Notice of intention to request extent employer liability exceeds 30 extension of OMB approval. percent of the employer’s net worth. PENSION BENEFIT GUARANTY Section 4062.6 of the PBGC’s CORPORATION SUMMARY: The Pension Benefit Guaranty employer liability regulation (29 CFR Corporation (‘‘PBGC’’) intends to Required Interest Rate Assumption for 4062.6) requires a contributing sponsor request that the Office of Management Determining Variable-Rate Premium; or member of the contributing sponsor’s and Budget (‘‘OMB’’) extend approval, Interest on Late Premium Payments; controlled group who believes employer under the Paperwork Reduction Act, of Interest on Underpayments and liability upon plan termination exceeds a collection of information contained in Overpayments of Single-Employer 30 percent of the employer’s net worth its regulation on Liability for Plan Termination Liability and to so notify the PBGC and to submit net Termination of Single-Employer Plans, Multiemployer Withdrawal Liability; worth information. This information is 29 CFR part 4062 (OMB control number Interest Assumptions for necessary to enable the PBGC to 1212–0017; expires January 31, 2005). Multiemployer Plan Valuations determine whether and to what extent This notice informs the public of the Following Mass Withdrawal employer liability exceeds 30 percent of PBGC’s intent and solicits public the employer’s net worth. comment on the collection of AGENCY: Pension Benefit Guaranty The collection of information under information. Corporation. the regulation has been approved by ACTION: Notice of interest rates and DATES: Comments should be submitted OMB under control number 1212–0017 assumptions. by December 14, 2004. through January 31, 2005. The PBGC ADDRESSES: Comments may be mailed to intends to request that OMB extend its SUMMARY: This notice informs the public the Office of the General Counsel, approval for another three years. An of the interest rates and assumptions to Pension Benefit Guaranty Corporation, agency may not conduct or sponsor, and be used under certain Pension Benefit 1200 K Street, NW., Washington, DC a person is not required to respond to, Guaranty Corporation regulations. These
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rates and assumptions are published payment years beginning between From— Through— Interest rate elsewhere (or can be derived from rates November 2003 and October 2004. Note (percent) published elsewhere), but are collected that the required interest rates for and published in this notice for the premium payment years beginning in 4/1/98 ...... 12/31/98 8 convenience of the public. Interest rates 1/1/99 ...... 3/31/99 7 November through December 2003 were 4/1/99 ...... 3/31/00 8 are also published on the PBGC’s Web determined under the Job Creation and 4/1/00 ...... 3/31/01 9 site (http://www.pbgc.gov). Worker Assistance Act of 2002, and that 4/1/01 ...... 6/30/01 8 DATES: The required interest rate for the required interest rates for premium 7/1/01 ...... 12/31/01 7 determining the variable-rate premium payment years beginning in January 1/1/02 ...... 12/31/02 6 1/1/03 ...... 9/30/03 5 under part 4006 applies to premium through October 2004 were determined payment years beginning in October 10/1/03 ...... 3/31/04 4 under the Pension Funding Equity Act 4/1/04 ...... 6/30/04 5 2004. The interest assumptions for of 2004. 7/1/04 ...... 9/30/04 4 performing multiemployer plan 10/1/04 ...... 12/31/04 5 valuations following mass withdrawal The re- under part 4281 apply to valuation dates For premium payment years beginning in: quired inter- Underpayments and Overpayments of occurring in November 2004. The est rate is: Multiemployer Withdrawal Liability interest rates for late premium payments under part 4007 and for underpayments November 2003* ...... 5.16 Section 4219.32(b) of the PBGC’s and overpayments of single-employer December 2003* ...... 5.12 regulation on Notice, Collection, and plan termination liability under part January 2004** ...... 4.94 Redetermination of Withdrawal 4062 and multiemployer withdrawal February 2004** ...... 4.83 Liability (29 CFR part 4219) specifies liability under part 4219 apply to March 2004** ...... 4.79 the rate at which a multiemployer plan interest accruing during the fourth April 2004** ...... 4.62 is to charge or credit interest on quarter (October through December) of May 2004** ...... 4.98 underpayments and overpayments of 2004. June 2004** ...... 5.26 withdrawal liability under section 4219 July 2004** ...... 5.25 of ERISA unless an applicable plan FOR FURTHER INFORMATION CONTACT: August 2004** ...... 5.10 provision provides otherwise. For Harold J. Ashner, Assistant General September 2004** ...... 4.95 interest accruing during any calendar Counsel, Office of the General Counsel, October 2004** ...... 4.79 quarter, the specified rate is the average Pension Benefit Guaranty Corporation, quoted prime rate on short-term 1200 K Street, NW., Washington, DC * The required interest rates for premium payment years beginning in November commercial loans for the fifteenth day 20005, (202) 326–4024. (TTY/TDD users through December 2003 were determined (or the next business day if the fifteenth may call the Federal relay service toll- under the Job Creation and Worker Assist- day is not a business day) of the month free at 1–800–877–8339 and ask to be ance Act of 2002. preceding the beginning of the quarter, connected to (202) 326–4024.) ** The required interest rates for premium payment years beginning in January through as reported by the Board of Governors SUPPLEMENTARY INFORMATION: October 2004 were determined under the Pen- of the Federal Reserve System in Variable-Rate Premiums sion Funding Equity Act of 2004. Statistical Release H.15 (‘‘Selected Interest Rates’’). The rate for the fourth Section 4006(a)(3)(E)(iii)(II) of the Late Premium Payments; quarter (October through December) of Employee Retirement Income Security Underpayments and Overpayments of 2004 (i.e., the rate reported for Act of 1974 (ERISA) and § 4006.4(b)(1) Single-Employer Plan Termination September 15, 2004) is 4.50 percent. of the PBGC’s regulation on Premium Liability The following table lists the Rates (29 CFR part 4006) prescribe use withdrawal liability underpayment and of an assumed interest rate (the Section 4007(b) of ERISA and § 4007.7(a) of the PBGC’s regulation on overpayment interest rates for the ‘‘required interest rate’’) in determining specified time periods: a single-employer plan’s variable-rate Payment of Premiums (29 CFR part premium. Pursuant to the Pension 4007) require the payment of interest on Interest rate Funding Equity Act of 2004, for late premium payments at the rate From— Through— (percent) premium payment years beginning in established under section 6601 of the 2004 or 2005, the required interest rate Internal Revenue Code. Similarly, 7/1/97 ...... 12/31/98 8.50 is the ‘‘applicable percentage’’ § 4062.7 of the PBGC’s regulation on 1/1/99 ...... 9/30/99 7.75 10/1/99 ...... 12/31/99 8.25 (currently 85 percent) of the annual rate Liability for Termination of Single- 1/1/00 ...... 3/31/00 8.50 of interest determined by the Secretary Employer Plans (29 CFR part 4062) 4/1/00 ...... 6/30/00 8.75 of the Treasury on amounts invested requires that interest be charged or 7/1/00 ...... 3/31/01 9.50 conservatively in long-term investment credited at the section 6601 rate on 4/1/01 ...... 6/30/01 8.50 grade corporate bonds for the month underpayments and overpayments of 7/1/01 ...... 9/30/01 7.00 preceding the beginning of the plan year employer liability under section 4062 of 10/1/01 ...... 12/31/01 6.50 for which premiums are being paid. 1/1/02 ...... 12/31/02 4.75 ERISA. The section 6601 rate is 1/1/03 ...... 9/30/03 4.25 Thus, the required interest rate to be established periodically (currently used in determining variable-rate 10/1/03 ...... 9/30/04 4.00 quarterly) by the Internal Revenue 10/1/04 ...... 12/31/04 4.50 premiums for premium payment years Service. The rate applicable to the beginning in October 2004 is 4.79 fourth quarter (October through Multiemployer Plan Valuations percent (i.e., 85 percent of the 5.63 December) of 2004, as announced by the Following Mass Withdrawal percent composite corporate bond rate IRS, is 5 percent. for September 2004 as determined by The PBGC’s regulation on Duties of the Treasury). The following table lists the late Plan Sponsor Following Mass The following table lists the required payment interest rates for premiums and Withdrawal (29 CFR part 4281) interest rates to be used in determining employer liability for the specified time prescribes the use of interest variable-rate premiums for premium periods: assumptions under the PBGC’s
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regulation on Allocation of Assets in listed for the closed meeting in closed have been prepared by the Exchange. Single-Employer Plans (29 CFR part session. The Commission is publishing this 4044). The interest assumptions The subject matter of the Closed notice to solicit comments on the applicable to valuation dates in Meeting scheduled for Tuesday, October proposed rule change from interested November 2004 under part 4044 are 19, 2004 will be: persons. contained in an amendment to part 4044 Formal orders of investigations; I. Self-Regulatory Organization’s published elsewhere in today’s Federal Institution and settlement of Statement of the Terms of Substance of Register. Tables showing the injunctive actions; the Proposed Rule Change assumptions applicable to prior periods Institution and settlement of are codified in appendix B to 29 CFR administrative proceedings of an The Exchange proposes to revise part 4044. enforcement nature; transaction fees for specialists and Regulatory matters regarding financial registered options traders (‘‘ROTs’’) in Issued in Washington, DC, on this 12th day institutions; and of October 2004. connection with transactions in the Amici consideration. 3 Joseph H. Grant, At times, changes in Commission SPDR O-Strip (‘‘O-Strip’’). The text of Deputy Executive Director and Chief priorities require alterations in the the revised fee schedule is available at Operating Officer, Pension Benefit Guaranty scheduling of meeting items. For further the Office of the Secretary, Amex, and Corporation. information and to ascertain what, if at the Commission’s Public Reference [FR Doc. 04–23181 Filed 10–14–04; 8:45 am] any, matters have been added, deleted Room. BILLING CODE 7708–01–P or postponed, please contact: II. Self-Regulatory Organization’s The Office of the Secretary at (202) Statement of the Purpose of, and 942–7070. Statutory Basis for, the Proposed Rule Dated: October 12, 2004. Change SECURITIES AND EXCHANGE COMMISSION Jonathan G. Katz, In its filing with the Commission, the Secretary. Exchange included statements Sunshine Act Meeting [FR Doc. 04–23199 Filed 10–12–04; 4:09 pm] concerning the purpose of, and basis for, BILLING CODE 8010–01–P the proposed rule change and discussed Notice is hereby given, pursuant to any comments it received on the the provisions of the Government in the proposed rule change. The text of these Sunshine Act, Pub. L. 94–409, that the SECURITIES AND EXCHANGE statements may be examined at the Securities and Exchange Commission COMMISSION places specified in Item IV below. Amex will hold the following meeting during has prepared summaries, set forth in the week of October 18, 2004: [Release No. 34–50500; File No. SR–Amex– sections A, B, and C below, of the most A Closed Meeting will be held on 2004–80] significant aspects of such statements. Tuesday, October 19, 2004 at 10 a.m. Self-Regulatory Organizations; Notice Commissioners, Counsel to the of Filing and Immediate Effectiveness A. Self-Regulatory Organization’s Commissioners, the Secretary to the of Proposed Rule Change by the Statement of the Purpose of, and the Commission, and recording secretaries American Stock Exchange LLC Statutory Basis for, the Proposed Rule will attend the Closed Meeting. Certain Relating to Transaction Fees in Change staff members who have an interest in Connection With the SPDR O-Strip 1. Purpose the matters may also be present. The General Counsel of the October 7, 2004. Amex recently launched the trading Commission, or his designee, has Pursuant to Section 19(b)(1) of the of the O-Strip on the Exchange. certified that, in his opinion, one or Securities Exchange Act of 1934 Transaction charges for specialists, more of the exemptions set forth in 5 (‘‘Act’’) 1 and Rule 19b-4 thereunder, 2 ROTs, broker-dealers, and customers U.S.C. 552b(c)(3), (5), (7), (8), (9)(B), and notice is hereby given that on October have accordingly been billed at current (10) and 17 CFR 200.402(a)(3), (5), (7), 1, 2004, the American Stock Exchange rates existing for ETFs pursuant to the (8), 9(ii) and (10), permit consideration LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with existing fee schedule in effect. The of the scheduled matters at the Closed the Securities and Exchange Exchange now proposes, in connection Meeting. Commission (‘‘Commission’’) the with the O-Strip, to charge specialists Commissioner Glassman, as duty proposed rule change as described in and ROTs as set forth below in the officer, voted to consider the items Items I, II, and III below, which Items transaction fee schedule:
TRANSACTION CHARGES FOR THE O-STRIP
Specialists Registered traders
Per Share Side ...... $0.0050 ($.50 per 100 shares) ...... $0.0050 ($.50 per 100 shares) Subject to the following per trade maximums: .. $300 (60,000 shares) ...... $300 (60,000 shares) Transaction charges for specialists are capped at $400,000 per month per specialist unit
Transaction fees for off-floor broker- forth in the existing ETF fee schedule. ($0.60 per 100 shares), capped at $100 dealers and customers will remain as set These charges are $0.006 per share per trade (16,667 shares). Accordingly,
1 15 U.S.C. 78s(b)(1). corresponding to the newly-launched Standard & the over-the-counter market. The Index currently 2 17 CFR 240.19b–4. Poor’s (‘‘S&P’’) 500 O-Strip Index. The S&P 500 O- consists of approximately 75 securities, 3 The O-Strip is an exchange-traded fund (‘‘ETF’’) Strip Index consists of all the individual S&P 500 representing approximately 15% of the market share that seeks to provide investment results component securities that are primarily traded in capitalization of the S&P 500 Index.
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this proposal seeks to change the including whether the proposed rule SECURITIES AND EXCHANGE transaction fees for only Exchange change is consistent with the Act. COMMISSION specialists and ROTs in connection with Comments may be submitted by any of trading in the O-Strip. the following methods: [Release No. 34–50499; File No. SR–Amex– The Exchange submits that the 2004–75] proposal will be effective October 1, Electronic Comments 2004. The Exchange expects the • Use the Commission’s Internet Self-Regulatory Organizations; Notice proposed transaction fees in connection comment form (http://www.sec.gov/ of Withdrawal of a Proposed Rule with the O-Strip will recoup the costs rules/sro.shtml); or Change by the American Stock and provide additional revenue • Send an e-mail to rule- Exchange LLC Relating to Revisions to associated with the trading of the O- Amex Rule 154 Strip. In addition, Amex believes that [email protected]. Please include File Number SR–Amex–2004–80 on the this fee will help to allocate to those October 6, 2004. specialists and ROTs transacting in the subject line. On August 30, 2004, the American O-Strip, a fair share of the related costs Paper Comments Stock Exchange LLC (‘‘Amex’’), filed of such ETFs. Accordingly, the Exchange believes that the proposed fee • Send paper comments in triplicate with the Securities and Exchange is reasonable. to Jonathan G. Katz, Secretary, Commission (‘‘Commission’’) a Securities and Exchange Commission, proposed rule change pursuant to 2. Statutory Basis 450 Fifth Street, NW., Washington, DC Section 19(b)(1) of the Securities Amex believes that the proposed fee 20549–0609. Exchange Act of 1934 (‘‘Act’’) 1 and Rule 2 change is consistent with Section 6(b)(4) All submissions should refer to File 19b–4 thereunder, to amend Amex 4 of the Act regarding the equitable Number SR–Amex–2004–80. This file Rule 154 to prohibit specialists from allocation of reasonable dues, fees, and number should be included on the charging commissions and fees in other charges among exchange members subject line if e-mail is used. To help the certain instances. The proposed rule and other persons using exchange Commission process and review your change was published for comment in facilities. comments more efficiently, please use the Federal Register on September 9, 3 B. Self-Regulatory Organization’s only one method. The Commission will 2004. The Commission received six 4 Statement on Burden on Competition post all comments on the Commission’s comments on the proposal. Internet Web site (http://www.sec.gov/ The Exchange believes the proposed On October 1, 2004, the Amex rules/sro.shtml). Copies of the withdrew the proposed rule change. 5 rule change will impose no burden on submission, all subsequent competition. amendments, all written statements For the Commission, by the Division of Market Regulation, pursuant to delegated C. Self-Regulatory Organization’s with respect to the proposed rule authority.6 Statement on Comments on the change that are filed with the Proposed Rule Change Received From Commission, and all written Margaret H. McFarland, Members, Participants or Others communications relating to the Deputy Secretary. proposed rule change between the [FR Doc. 04–23125 Filed 10–14–04; 8:45 am] No written comments were solicited Commission and any person, other than or received with respect to the proposed BILLING CODE 8010–01–P those that may be withheld from the rule change. public in accordance with the III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be Proposed Rule Change and Timing for available for inspection and copying in Commission Action the Commission’s Public Reference Because the foregoing proposed rule Section, 450 Fifth Street, NW., change establishes or changes a due, fee, Washington, DC 20549. Copies of such or other charge imposed by the filing also will be available for Exchange, it has become effective inspection and copying at the principal 1 15 U.S.C. 78s(b)(1). immediately pursuant to Section offices of Amex. All comments received 2 17 CFR 240.19b-4. 19(b)(3)(A)(ii) of the Act 5 and Rule 19b- will be posted without change; the 3 See Securities Exchange Act Release No. 50307 4(f)(2) thereunder. 6 At any time within Commission does not edit personal (September 2, 2004), 69 FR 54709. 4 60 days of the filing of such proposed identifying information from See letter to Elizabeth King, Associate Director, submissions. You should submit only Division of Market Regulation (‘‘Division’’), rule change, the Commission may Commission, from James D. Van De Graaff, Partner, summarily abrogate such rule change if information that you wish to make available publicly. All submissions Katten Muchin Zavis Rosenman, dated September it appears to the Commission that such 7, 2004; letters to Jonathan G. Katz, Secretary, action is necessary of appropriate in the should refer to File Number SR–Amex– Commission, from Charles B. Cox III, dated public interest, for the protection of 2004–80 and should be submitted on or September 27, 2004, from Todd Silverberg, General investors, or otherwise in the before November 5, 2004. Counsel, Susquehanna Investment Group, dated furtherance of the purposes of the Act. For the Commission by the Division of September 29, 2004, from Simon Lubershane, dated September 29, 2004, from Matthew Hinerfeld, Market Regulation, pursuant to delegated Managing Director and Deputy General Counsel, IV. Solicitation of Comments 7 authority. Citadel Derivatives Group LLC, dated September 30, Interested persons are invited to Margaret H. McFarland, 2004, and from Ryan Primmer, Managing Director, submit written data, views, and Deputy Secretary. UBS Securities LLC, dated September 30, 2004. arguments concerning the foregoing, 5 [FR Doc. 04–23124 Filed 10–14–04; 8:45 am] See letter from Bill Floyd-Jones, Associate General Counsel, Amex, to Nancy Sanow, Assistant 4 15 U.S.C. 78f(b)(4). BILLING CODE 8010–01–P Director, Division, Commission, dated September 5 15 U.S.C. 78s(b)(3)(A)(ii). 30, 2004. 6 17 CFR 240.19b–4(f)(2). 7 17 CFR 200.30–3(a)(12). 6 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE previously registered specialist unless Exchange’s Allocations Committee will COMMISSION (1) that specialist is subject to a allocate the relisted option pursuant to prohibition on the allocation of options its regular allocation procedures. The [Release No. 34–50498; File No. SR–Amex– at the time that the option is relisted, (2) Exchange believes that this change in 2004–66] the Exchange relists the option more allocations policy will eliminate a Self-Regulatory Organizations; Notice than one year after it was delisted, or (3) disincentive to the delisting of inactive of Filing of Proposed Rule Change and the specialist declines the allocation in options. The Exchange further believes Amendment No. 1 Thereto by the writing [pursuant to the procedures that this could benefit the options American Stock Exchange LLC described in paragraph (b) of this Rule]. market and, consequently, investors in Relating to Allocation Procedures for If any of these conditions exist, the options by reducing quote traffic in Relisted Options Allocations Committee will allocate the options. relisted option pursuant to the 2. Statutory Basis October 6, 2004. Exchange’s regular options allocations Pursuant to Section 19(b)(1) of the procedures. The Exchange believes that the Securities Exchange Act of 1934 (.05) No change. proposed rule change, as amended, is (‘‘Act’’), 1 and Rule 19b–4 thereunder, 2 * * * * * consistent with Section 6(b) of the Act, 4 notice is hereby given that on August II. Self-Regulatory Organization’s in general, and furthers the objectives of 10, 2004, the American Stock Exchange 5 Statement of the Purpose of, and Section 6(b), in particular, in that it is LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with Statutory Basis for, the Proposed Rule designed to prevent fraudulent and the Securities and Exchange Change manipulative acts and practices, to Commission (‘‘Commission’’) the promote just and equitable principles of proposed rule change as described in In its filing with the Commission, the trade, to remove impediments to and Items I, II, and III below, which Items Exchange included statements perfect the mechanism of a free and have been prepared by the Exchange. concerning the purpose of, and basis for, open market and a national market On September 24, 2004, Amex filed the proposed rule change and discussed system, and, in general, to protect Amendment No. 1 to the proposed rule any comments it received on the investors and the public interest; and is change. 3 The Commission is publishing proposed rule change. The text of these not designed to permit unfair this notice to solicit comments on the statements may be examined at the discrimination between customers, proposed rule change, as amended, from places specified in Item IV below. The issuers, brokers, or dealers. interested persons. Exchange has prepared summaries, set forth in sections A, B, and C below, of B. Self-Regulatory Organization’s I. Self-Regulatory Organization’s the most significant aspects of such Statement on Burden on Competition Statement of the Terms of Substance of statements. the Proposed Rule Change The Exchange believes that the A. Self-Regulatory Organization’s proposed rule change will impose no The Exchange proposes to amend Statement of the Purpose of, and the burden on competition that is not Amex Rule 27. The text of the proposed Statutory Basis for, the Proposed Rule necessary or appropriate in furtherance rule change is set forth below. Proposed Change of the purposes of the Act. new language is italicized. Deleted language is in brackets. 1. Purpose C. Self-Regulatory Organization’s * * * * * A relisted security is a security that Statement on Comments on the Proposed Rule Change Received From Allocations Committee previously traded on the Exchange, was delisted, and is subsequently readmitted Members, Participants or Others Rule 27 (a) through (i) No change. to dealings. In the case of options, the No written comments were solicited Commentary .01 through .03 No Exchange’s rule on relisted securities or received with respect to the proposed change. currently provides that a relisted option rule change. .04 Relisted Securities. A specialist will go to open allocation with no shall be automatically allocated a explicit preference given to the original III. Date of Effectiveness of the security in which the specialist specialist. Amex asserts that specialists, Proposed Rule Change and Timing for previously was registered only if all of as a result, are reluctant to delist an Commission Action the following conditions are met: (1) the inactive option because they are Within 35 days of the date of company relists within one year of concerned that if they agree to delist the delisting, (2) the company is publication of this notice in the Federal option, and it subsequently becomes Register or within such longer period (i) substantially the same entity as prior to active, they will have lost the delisting, (3) the company has no as the Commission may designate up to opportunity to specialize in it. 90 days of such date if it finds such objection, and (4) the specialist is not To encourage specialists to delist longer period to be appropriate and subject to an allocation prohibition. A inactive options, the Exchange is publishes its reasons for so finding or relisted option shall [will] be proposing to amend the Exchange’s (ii) as to which the self-regulatory automatically allocated to the allocations rules on relisted securities to organization consents, the Commission provide that a relisted option will be will: 1 15 U.S.C. 78s(b)(1). automatically allocated to its original 2 17 CFR 240.19b-4. specialist unless: (1) The specialist is (A) By order approve such proposed 3 See letter from William Floyd-Jones, Associate rule change, or General Counsel, Amex, to Nancy J. Sanow, subject to a prohibition on options Assistant Director, Division of Market Regulation, allocations at the time that the option is (B) Institute proceedings to determine Commission, dated September 23, 2004 relisted; (2) the Exchange relists the whether the proposed rule change (‘‘Amendment No. 1’’). Amendment No. 1 replaced option more than one year after it was should be disapproved. the original proposed rule change in its entirety. Amendment No. 1 amended the proposal to limit delisted; or (3) the specialist declines in the reallocation of a relisted option to the original writing to accept the allocation. If any 4 15 U.S.C. 78f(b). specialist to a one year period. of these conditions exists, the 5 15 U.S.C. 78f(b)(5).
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IV. Solicitation of Comments For the Commission, by the Division of proposed rule change and discussed any Market Regulation, pursuant to delegated comments it received on the proposed Interested persons are invited to authority. 6 rule change. The text of these statements submit written data, views, and Margaret H. McFarland, may be examined at the places specified arguments concerning the foregoing, Deputy Secretary. in Item IV below. Nasdaq has prepared including whether the proposed rule [FR Doc. 04–23126 Filed 10–14–04; 8:45 am] summaries, set forth in sections A, B, change, as amended, is consistent with BILLING CODE 8010–01–P and C below, of the most significant the Act. Comments may be submitted by aspects of such statements. any of the following methods: SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Electronic Comments COMMISSION Statement of the Purpose of, and Statutory Basis for, the Proposed Rule • Use the Commission’s Internet [Release No. 34–50502; File No. SR–NASD– Change comment form (http://www.sec.gov/ 2004–49] rules/sro.shtml); or 1. Purpose • Self-Regulatory Organizations; Notice Nasdaq represents that, on September Send an e-mail to rule- of Filing and Immediate Effectiveness [email protected]. Please include File 7, 2004, Nasdaq completed its purchase of Proposed Rule Change by the of the Brut ECN (‘‘Brut’’). Once Number SR–Amex–2004–66 on the National Association of Securities subject line. purchased by Nasdaq, Brut became a Dealers, Inc. To Establish Access Fees ‘‘facility’’ of a national securities Paper Comments for Nasdaq’s Brut Facility association,5 thereby making the pricing for Brut’s services subject to Section • October 7, 2004. Send paper comments in triplicate 15A(b)(5) of the Act, which requires that Pursuant to Section 19(b)(1) of the to Jonathan G. Katz, Secretary, the fees of a national securities Securities Exchange Act of 1934 Securities and Exchange Commission, association be equitably allocated (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 450 Fifth Street, NW., Washington, DC among members and issuers and other notice is hereby given that on October 20549–0609. persons using the facility.6 4, 2004, the National Association of In this filing, All submissions should refer to File Securities Dealers, Inc. (‘‘NASD’’), Nasdaq proposes to establish such a fee Number SR–Amex–2004–66. This file through its subsidiary, The Nasdaq structure for members who access number should be included on the Stock Market, Inc. (‘‘Nasdaq’’), filed orders residing in Brut’s system. Under subject line if e-mail is used. To help the with the Securities and Exchange the proposal, Nasdaq will create a tiered Commission process and review your Commission (‘‘Commission’’) the fee structure in which the per share fee comments more efficiently, please use proposed rule change as described in charged to a member to access liquidity only one method. The Commission will Items I, II, and III below, which Items in Brut will vary based on the amount post all comments on the Commission’s have been prepared by Nasdaq. Nasdaq of liquidity added to Brut by that member. Members that provide an Internet Web site (http://www.sec.gov/ has designated this proposal as one average daily volume of 50,000 shares or rules/sro.shtml). Copies of the establishing or changing a due, fee or less over a calendar month will be submission, all subsequent other charge imposed by the self- regulatory organization under Section charged $0.003 per share when amendments, all written statements accessing liquidity in the Brut system 19(b)(3)(A)(ii) 3 of the Act and Rule 19b– with respect to the proposed rule for that same month. Members that 4(f)(2) thereunder,4 which renders the change that are filed with the provide an average daily volume of proposal effective upon filing with the Commission, and all written 50,001 shares or more over a calendar Commission. The Commission is communications relating to the month will be charged $0.0027 per publishing this notice to solicit proposed rule change between the share when accessing liquidity in the comments on the proposed rule change Commission and any person, other than Brut system for that same month. from interested persons. those that may be withheld from the Nasdaq believes that the above public in accordance with the I. Self-Regulatory Organization’s approach provides a uniform and provisions of 5 U.S.C. 552, will be Statement of the Terms of Substance of objective method to impose fees for available for inspection and copying in the Proposed Rule Change accessing liquidity in the Brut system the Commission’s Public Reference Nasdaq proposes to establish access that also encourages the provision of Section, 450 Fifth Street, NW., fees for its Brut trading facility. The text liquidity beneficial to all members. Washington, DC 20549. Copies of such of the proposed rule change is available 2. Basis filing also will be available for at the Office of the Secretary, Nasdaq, Nasdaq believes that the proposed inspection and copying at the principal and at the Commission. offices of the Amex. All comments rule change is consistent with the 7 received will be posted without change; II. Self-Regulatory Organization’s provisions of Section 15A of the Act, in Statement of the Purpose of, and the Commission does not edit personal general, and with Section 15A(b)(5) of Statutory Basis for, the Proposed Rule identifying information from Change 5 See Section 3(a)(2) of the Act, 15 U.S.C. submissions. You should submit only 78c(a)(2). information that you wish to make In its filing with the Commission, 6 15 U.S.C. 78o–3(b)(5). Nasdaq currently operates available publicly. All submissions Nasdaq included statements concerning Brut pursuant to a Temporary Conditional the purpose of and basis for the Exemption (‘‘Exemption’’) issued by the should refer to File Number SR–Amex– Commission pursuant to Section 36(a) of the Act. 2004–66 and should be submitted on or See Securities Exchange Act Release No. 50311 6 before November 5, 2004. 17 CFR 200.30–3(a)(12). (September 3, 2004), 69 FR 54818 (September 10, 1 15 U.S.C. 78s(b)(1). 2004). The Exemption requires Nasdaq to file 2 17 CFR 240.19b–4. proposed rule changes under Section 19(b) of the 3 15 U.S.C. 78s(b)(3)(A)(ii). Act if it seeks to modify Brut’s fee schedule. 4 17 CFR 240.19b–4(f)(2). 7 15 U.S.C. 78o–3.
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the Act,8 in particular, in that the All submissions should refer to File Futures Association (‘‘NFA’’) filed with proposed rule change provides for the Number SR–NASD–2004–149. This file the Securities and Exchange equitable allocation of reasonable dues, number should be included on the Commission (‘‘Commission’’) the fees, and other charges among members. subject line if e-mail is used. To help the proposed rule change as described in Commission process and review your Items I, II, and III below, which Items B. Self-Regulatory Organization’s comments more efficiently, please use have been prepared by NFA. On Statement on Burden on Competition only one method. The Commission will September 9, 2004, the NFA filed the Nasdaq does not believe that the post all comments on the Commission’s proposed rule change with the proposed rule change will result in any Internet Web site (http://www.sec.gov/ Commodity Futures Trading burden on competition that is not rules/sro.shtml). Copies of the Commission (‘‘CFTC’’) for approval. necessary or appropriate in furtherance submission, all subsequent Pursuant to Section 19(b)(7)(B) of the of the purposes of the Act. amendments, all written statements Act,3 the proposed rule change may take C. Self-Regulatory Organization’s with respect to the proposed rule effect upon approval by the CFTC. On Statement on Comments on the change that are filed with the September 28, 2004, NFA filed with the Proposed Rule Change Received From Commission, and all written Commission Amendment No. 1 to the 4 Members, Participants, or Others communications relating to the proposed rule change. The Commission proposed rule change between the is publishing this notice to solicit Written comments were neither Commission and any person, other than comments on the proposed rule change, solicited nor received. those that may be withheld from the as amended, from interested persons. public in accordance with the III. Date of Effectiveness of the I. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be Proposed Rule Change and Timing for Statement of the Terms of Substance of available for inspection and copying in Commission Action the Proposed Rule Change the Commission’s Public Reference The forgoing rule change is subject to Section, 450 Fifth Street, NW., NFA proposes to adopt NFA Bylaw Section 19(b)(3)(A)(ii) of the Act 9 and Washington, DC 20549. Copies of such 1508 regarding securities futures subparagraph (f)(2) of Rule 19b–4 10 filing also will be available for agreements. The text of the proposed thereunder because it establishes or inspection and copying at the principal rule change appears below. New changes a due, fee, or other charge office of the NASD. All comments language is in italics. imposed by the self-regulatory received will be posted without change; * * * * * organization. Accordingly, the proposal the Commission does not edit personal is effective upon Commission receipt of NFA Bylaw 1101, Compliance Rules 2– identifying information from the filing. At any time within 60 days 9 and 2–29: Guidelines Relating to the submissions. You should submit only Registration of Third-Party Trading of the filing of such proposed rule information that you wish to make System Developers and the change, the Commission may summarily available publicly. All submissions Responsibility of NFA Members for abrogate such rule change if it appears should refer to File Number SR–NASD– Promotional Material That Promotes to the Commission that such action is 2004–149 and should be submitted on Third-Party Trading System Developers necessary or appropriate in the public or before November 5, 2004. interest, for the protection of investors, and Their Trading Systems For the Commission, by the Division of or otherwise in furtherance of the In recent years, there has been a purposes of the Act.11 Market Regulation, pursuant to delegated authority.12 significant increase in the number of IV. Solicitation of Comments Margaret H. McFarland, futures trading systems being marketed Deputy Secretary. to the public. These trading systems Interested persons are invited to typically are computerized programs [FR Doc. E4–2655 Filed 10–14–04; 8:45 am] submit written data, views, and that generate signals as to when to buy arguments concerning the foregoing, BILLING CODE 8010–01–P and sell commodity futures and options including whether the proposed rule contracts. change is consistent with the Act. A number of NFA Member firms offer Comments may be submitted by any of SECURITIES AND EXCHANGE COMMISSION trade execution services to customers the following methods: who use these computerized trading Electronic Comments [Release No. 34–50497; File No. SR– NFA– systems, many of which are developed 2004–02] by third-party trading system developers • Use the Commission’s Internet (‘‘third-party system developers’’), who comment form (http://www.sec.gov/ Self-Regulatory Organizations; are neither NFA members nor registered rules/sro.shtml); or National Futures Association; Notice with the CFTC. Typically, in these • Send an e-mail to rule- of Filing and Immediate Effectiveness situations, the customer will execute a [email protected]. Please include File of a Proposed Rule Change and Letter of Direction that directs the Number SR–NASD–2004–149 on the Amendment No. 1 Thereto Adopting Member to place trades for the customer subject line. Interpretive Notice to Bylaw 1101 and in strict accordance with the signals Compliance Rules 2–9 and 2–29 Paper Comments generated by the trading system. In • Send paper comments in triplicate October 6, 2004. some cases, the Letter of Direction is to Jonathan G. Katz, Secretary, Pursuant to Section 19(b)(7) of the more limited and includes instructions Securities and Exchange Commission, Securities Exchange Act of 1934 to follow only certain signals (e.g., 450 Fifth Street, NW., Washington, DC (‘‘Act’’) 1 and Rule 19b–7 thereunder,2 20549–0609. notice is hereby given that on 3 15 U.S.C. 78s(b)(7)(B). September 10, 2004, the National 4 See letter from Kathryn Page Camp, Associate General Counsel, NFA, to John C. Roeser, Senior 8 15 U.S.C. 78o–3(b)(5). Special Counsel, Division of Market Regulation, 9 15 U.S.C. 78s(b)(3)(A)(ii). 12 17 CFR 200.30–3(a)(12). Commission, dated September 28, 2004. 10 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(7). Amendment No. 1 makes minor technical changes 11 15 U.S.C. 78s(b)(3)(C). 2 17 CFR 240.19b–7. to the proposed rule text.
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signals in given contracts or signals that trading program. Such clients executed customers to an NFA Member and meet particular parameters). In almost a ‘‘letter of direction’’ providing that the receives compensation for the referrals. all cases in which a Letter of Direction IB should execute trades for the clients’ Members who have questions is used, the Member is not permitted to accounts and ‘‘follow [the trading concerning the application of Rule 4.14 use any judgment when placing orders program] signals as close as reasonably are urged to seek advice from the CFTC. for the customer. possible.’’ Regardless of whether a third-party This notice is designed to provide In analyzing the above fact pattern, system developer is required to register guidance as to the circumstances which Commission Staff concluded that, since as a CTA, the question sometimes arises may give rise to liability on the part of the clients’ contact with the AP/trading whether the IBs involved must also the Member, under NFA Bylaw 1101, for system developer included not only the register as CTAs. If the IB and the third- providing execution services to users of trading program, but also the opening of party system developer are operated as computerized trading systems a trading account that would be traded wholly independent entities and the IB developed by non-Member third-party pursuant to a ‘‘letter of direction,’’ there has no authority to deviate from the system developers. This notice will also was an ‘‘informal arrangement’’, for third-party system developer’s discuss the factors that may cause a which the exemption provided under recommendations, generally the IB need Member to be responsible, under NFA Rule 4.14(a)(9) was not intended. After not also register as a CTA. This is Compliance Rule 2–29, for promotional specifically noting that the ‘‘whole of clearly the case where a customer material which promotes these trading [the AP/trading system developer’s] independently selects a trading system systems and the Member’s supervisory activities as an AP of the IB consisted and the IB does not solicit discretionary obligations under NFA Compliance Rule of the solicitation of clients for the trading authority. However, if any of 2–9. trading program, CFTC staff determined these factors change (e.g., the IB has that registration as a CTA was required authority to deviate from the trading Registration Requirements for Third- of either the IB or the AP. (See CFTC system by selecting only some of the Party System Developers staff letter, No. 03–26, May 30, 2003, re trades generated by the system), the IB Section 1a(6) of the Commodity Section 4m—Interpretation with regard may be required to register as a CTA, Exchange Act (‘‘CEA’’) defines a CTA as to Commodity Trading Advisor unless the IB is otherwise exempt any person who for compensation or Registration.) because its activities related to placing profit, engages in the business of Rule 4.14(a)(9)(ii) also provides that, trades based on the recommendations of advising others, directly or through to qualify for the exemption, a CTA may the trading system are ‘‘solely in publications, writings, or electronic not provide ‘‘commodity trading advice connection with its business as an IB.’’ media, as to the value of or the based on, or tailored to, the commodity NFA Bylaw 1101 provides, in advisability of trading commodity interest or cash market positions or pertinent part, that no Member may futures. Generally, Section 4m of the other circumstances or characteristics of carry an account, accept an order or CEA requires individuals who fall particular clients.’’ So long as the CTA’s handle a transaction in commodity within this definition to register with the advice is based on or tailored to such futures on behalf of any non-Member CFTC. In March 2000, the CFTC information, the CTA is required to that is required to be registered as a adopted CFTC Rule 4.14(a)(9) to create register even if it gives the same advice CTA or in some other capacity. an exemption from the CEA’s to groups of similarly situated clients. Therefore, if it appears that a third- registration requirements for CTAs that In determining whether advice is party system developer, with whom an provide standardized advice by means ‘‘based on or tailored to’’ within the NFA Member does business, is required of media such as newsletters, pre- meaning of 4.14(a)(9)(ii), the context of to be registered as a CTA or in some recorded telephone hotlines, Internet the advice will be taken into account. other capacity, the Member should Web sites, and non-customized For example, if the advice is provided in request that the third-party system computer software. a book or a periodical, that factor may developer provide a letter from counsel To qualify for the exemption, under weigh against a finding that the CTA is stating the reasons why registration is Rule 4.14(a)(9)(i) a CTA may not direct providing advice ‘‘based on or tailored not required.2 In the absence of client accounts. As defined by to’’ the characteristics of particular such a letter, the Member should Commission Rule 4.10(f), ‘‘[d]irect, as clients. On the other hand, if the advice request that the third-party system used in the context of trading is provided to a particular client in a developer apply for registration and commodity interest accounts, refers to face-to-face communication or over the NFA membership. If the third-party agreements whereby a person is telephone, that factor may weigh in system developer fails or refuses to authorized to cause transactions to be favor of a finding that the CTA’s advice register and become an NFA Member, effected for a client’s commodity is ‘‘based on or tailored to’’ that the Member should terminate its interest account without the client’s particular customer’s characteristics, relationship with the third-party system specific authorization.’’ In a since such a context suggests that the developer to avoid liability under NFA Commission Staff letter issued in May CTA is being responsive to the client’s Bylaw 1101. 2003, Commission Staff indicated that individual needs.1 an agreement authorizing a person to Whether a third-party system A Member’s Responsibility for direct a client’s account—and, thus, developer is required to be registered as Misleading Promotional Material Which requiring the person to be registered as a CTA still depends on the particular Promotes a Third-Party System a CTA—may be an informal agreement. facts of each case. In some cases, the Developer’s Trading Program The fact pattern addressed by the third-party system developer—or any NFA has encountered, with increasing Commission’s Staff letter involved a third-party, for that matter—may be frequency in recent years, misleading developer of a computerized trading required to register as an IB, if it refers promotional material promoting trading system who was registered as an associated person (‘‘AP’’) of an 1 The Commission gives a number of examples, 2 Member firms may rely in good faith upon a introducing broker (‘‘IB’’). The AP’s which illustrate the application of Rule 4.14(a)(9) in copy of a letter from counsel. However, in some specific situations, in the Rule’s publication in the cases, a Member may have to perform additional activities on behalf of the IB consisted . (Federal Register: March 10, 2000 (Volume 65, due diligence to ascertain whether a third-party solely of soliciting clients to use his Number 48, pages 12938–12943.) system developer is required to be registered.
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systems developed by third-party system contacts are between the third-party seek to circumvent NFA’s promotional developers, who are not NFA Members, system developer and the NFA Member, material requirements by relying upon and for which an NFA Member provides the more likely it is that an agency the unregistered status of the third-party trade execution services. Often this relationship will not be found to exist trading system developer. promotional material uses hypothetical between the parties. * * * * * or simulated results—which are trading If there is an agency relationship results not achieved by an actual between the Member and the third-party II. Self-Regulatory Organization’s account—that are not clearly identified system developer, then the Member has Statement of the Purpose of, and as hypothetical and show impressive an affirmative duty, under NFA Statutory Basis for, the Proposed Rule gains, when customers actually using Compliance Rule 2–9, to supervise the Change the trading system have suffered activities of the third-party system In its filing with the Commission, substantial losses. In this and other developer/agent. NFA has prepared statements contexts, both NFA and the Commission Supervisory Responsibility Under NFA concerning the purpose of, and basis for, have brought numerous enforcement Compliance Rule 2–9 the proposed rule change, and discussed actions charging fraud in the use of any comments it received on the such promotional material. Even where no agency relationship proposed rule change. The text of these Following are several examples of exists, a Member whose web site links to statements may be examined at the situations where Members may be held or otherwise refers customers to a third- places specified in Item IV below. NFA accountable under Compliance Rules 2– party system developer or has a referral has prepared summaries, set forth in 29 and 2–9 for misleading promotional agreement with a third-party trading Sections A, B, and C below, of the most material that promotes third-party system developer should conduct a due significant aspects of such statements. trading system developers and their diligence inquiry into the system trading systems. developer’s advertising practices with a A. Self-Regulatory Organization’s view towards identifying and avoiding Statement of the Purpose of, and Direct Responsibility the misleading advertising practices Statutory Basis for, the Proposed Rule If an NFA Member or its Associates described earlier, i.e., the use of Change prepare or distribute the promotional exaggerated profit claims, and 1. Purpose material, the Member will be responsible hypothetical or simulated results which for its misleading content under NFA are not clearly identified as In recent years, NFA has witnessed a Compliance Rule 2–29, which prohibits hypothetical, or which show highly growing number of futures trading a Member from using misleading or profitable performance when actual systems being marketed to the public. deceptive promotional material. customers trading the system have Typically, these are computerized trading systems which are developed by Agency Responsibility sustained significant losses.3 The fact that a Member creates a third-party trading system developers NFA’s Business Conduct Committee hyperlink from its web site or otherwise (‘‘third-party system developers’’), who has always recognized that each refers customers to a third-party system are not required to be registered with Member is responsible for the acts of its developer or has a referral agreement the CFTC or members of NFA. The agents. This certainly applies to the with a third-party system developer proposed Interpretive Notice to NFA preparation of advertising material. does not, in and of itself, make the Bylaw 1101 and Compliance Rules 2–9 Thus, an NFA Member may be Member firm accountable for the third- and 2–29 provides guidance on two responsible, under NFA Compliance party system developer’s web site or issues that NFA members face when Rule 2–29, for misleading promotional promotional material. Member firms they offer trade execution services to material prepared and disseminated by should bear in mind, though, that their customers who use these computerized a third-party trading system developer, supervisory obligations under Rule 2–9 trading systems. whether or not the third-party trading and Rule 2–29 require them to diligently NFA believes that the Interpretive system developer is an NFA Member or supervise their employees and agents Notice summarizes the registration not, if there is an agency relationship who are responsible for creating and requirements for commodity trading between the NFA Member and the third- maintaining hyperlinks to web sites of advisors (‘‘CTA’’). NFA Bylaw 1101 party trading system developer. (Of third-party system developers; or provides, in pertinent part, that no course, if the third-party trading system establishing referral agreements with member may carry an account, accept developer is also an NFA Member, it too third-party system developers. Members an order or handle a transaction in would be responsible under NFA should consider whether appropriate commodity futures on behalf of any Compliance Rule 2–29 for the supervisory procedures include periodic non-member that is required to be misleading promotional material that it inquiries as to whether their employees registered as a CTA or in some other prepared and distributed.) and agents are conducting due diligence capacity. This section of the Interpretive In determining whether there is an with respect to the third-party system Notice is designed to assist members in agency relationship between the developer’s web site or advertising, and complying with NFA Bylaw 1101 when Member and the third-party system taking appropriate steps if deficiencies they do business with third-party developer, which would trigger liability are found in such web site or system developers. under NFA Compliance Rule 2–29, the According to NFA, the Interpretive advertising. A Member’s failure to central inquiry focuses on the nature of Notice also addresses members’ supervise its employees and agents in the business relationship between the potential responsibility under NFA this regard will constitute a violation of parties and whether the parties have Compliance Rules 2–9 and 2–29 for NFA Compliance Rule 2–9 on the part expressly or implicitly agreed that one misleading promotional material that of the Member. Moreover, in these may act for the other. As the CFTC has promotes these trading systems. Such situations, Member firms should not held, whether an agency relationship promotional material often relies upon exists turns ‘‘on an overall assessment 3 See also NFA’s interpretive notice entitled ‘‘NFA extremely favorable hypothetical results of the totality of the circumstances in Compliance Rule 2–9: Supervisory Procedures for E- which are not clearly identified as each case.’’ The more limited the Mail and the Use of Web Sites’’ (¶9037). hypothetical and which are dramatically
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better than the actual performance of 2. Statutory Basis rule change be refiled in accordance customers who have used the system, NFA believes that the proposed rule with the provisions of Section 19(b)(1) 6 many of whom have sustained large change is consistent with Section of the Act. losses. Pursuant to NFA Compliance 15A(k) of the Act.5 IV. Solicitation of Comments Rule 2–29(c), a member firm is prohibited from using these types of B. Self-Regulatory Organization’s Interested persons are invited to hypothetical results unless it meets very Statement on Burden on Competition submit written data, views, and stringent requirements, which non- NFA believes that the proposed rule arguments concerning the foregoing, member third-party system developers change will not impose any burden on including whether the proposed rule are not required to meet. competition that is not necessary or change is consistent with the Act. Comments may be submitted by any of For example, NFA recently reviewed appropriate in furtherance of the purposes of the Act and the Commodity the following methods: a promotional piece used by a non- Exchange Act. member third-party system developer to Electronic Comments promote its trading system, which C. Self-Regulatory Organization’s • Use the Commission’s Internet boasted of hypothetical annual rates of Statement on Comments on the comment form (http://www.sec.gov/ return ranging from 86.4% to 151.7%. In Proposed Rule Change Received From rules/sro.shtml); this particular case, the NFA member Members, Participants or Others • Send an e-mail to rule- offering trade execution services for this NFA states that it worked with [email protected]. Please include File system claimed that no customers had industry representatives in developing Number SR–NFA–2004–02 on the traded this system. Because the third- the proposed rule change. NFA did not, subject line. party system developer is a non- however, publish the proposed rule Paper Comments member, NFA was unable to determine change to the membership for comment. whether any customers had actually NFA did not receive comment letters • Send paper comments in triplicate used the trading system and, if so, concerning the proposed rule change. to Jonathan G. Katz, Secretary, whether their actual performance In working with the industry, NFA Securities and Exchange Commission, corresponded to the advertised staff discussed the proposed Interpretive 450 Fifth Street, NW., Washington, DC favorable hypothetical returns. Notice with NFA’s Futures Commission 20549–0609. According to NFA, the CFTC has also Merchant (‘‘FCM’’), Introducing Broker All submissions should refer to File been confronted with and taken action (‘‘IB’’), and Commodity Pool Operator/ Number SR–NFA–2004–02. This file against third-party system developers Commodity Trading Advisors (‘‘CPO/ number should be included on the that use misleading promotional CTA’’) Advisory Committees and with subject line if e-mail is used. To help the material to promote their trading the Futures Industry Association (FIA) Commission process and review your systems. Law and Compliance Committee, and comments more efficiently, please use most of their suggestions were only one method. The Commission will The proposed Interpretive Notice incorporated in the final version post all comments on the Commission’s reminds members that they will be adopted by NFA’s Board of Directors Internet Web site (http://www.sec.gov/ directly responsible under NFA (‘‘Board’’). The IB and CPO/CTA rules/sro.shtml). Copies of the Compliance Rule 2–29 if the member or Advisory Committees supported the submission, all subsequent its Associates prepares or distributes Interpretive Notice. The FCM Advisory amendments, all written statements misleading promotional material Committee and FIA’s Law and with respect to the proposed rule regarding a third-party system developer Compliance Committee still have change that are filed with the or its trading system. It also reminds reservations about some of the language Commission, and all written members that they may be responsible regarding members’ supervisory communications relating to the for misleading promotional material responsibilities when linking to or proposed rule change between the prepared and disseminated by a third- entering into referral arrangements with Commission and any person, other than party trading system developer if there third-party system developers. those that may be withheld from the is an agency relationship between the NFA’s Board adopted the Interpretive public in accordance with the NFA member and the third-party Notice by a vote of 21 to 1 with one provisions of 5 U.S.C. 552, will be trading system developer. abstention, concluding that the available for inspection and copying in Finally, the Interpretive Notice states Interpretive Notice accurately describes the Commission’s Public Reference that, even where no agency relationship members’ responsibilities under NFA Room. Copies of such filing also will be exists, members have a supervisory rules and provides needed guidance to available for inspection and copying at obligation under NFA Compliance Rules members that deal with third-party the principal office of NFA. All 2–9 and 2–29 to diligently supervise system developers. comments received will be posted their employees and agents who are III. Date of Effectiveness of the without change; the Commission does responsible for creating and maintaining Proposed Rule Change and Timing for not edit personal identifying hyperlinks to web sites of or Commission Action information from submissions. You establishing referral agreements with should submit only information that The Commission notes that NFA’s you wish to make available publicly. All third-party system developers. A proposal will become effective upon member whose web site links to, or submissions should refer to File approval by the CFTC. Within 60 days Number SR–NFA–2004–02 and should otherwise refers its customers to, a of the date of effectiveness of the third-party system developer or who has be submitted on or before November 5, proposed rule change, the Commission, 2004. a referral agreement with a third-party after consultation with the CFTC, may trading system developer should summarily abrogate the proposed rule 6 conduct a due diligence inquiry into the change and require that the proposed 15 U.S.C. 78s(b)(1). For purposes of calculating system developer’s advertising the 60-day abrogation period, the Commission considers the period to commence on September practices. 5 15 U.S.C. 78o–3(k). 28, 2004, the date NFA filed Amendment No. 1.
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For the Commission, by the Division of A. Self-Regulatory Organization’s of, a proposed rule change pursuant to Market Regulation, pursuant to delegated Statement of the Purpose of, and Rule 19b–4 under the Exchange Act. authority.7 Statutory Basis for, the Proposed Rule As set forth in detail herein, the Fund Margaret H. McFarland, Change will hold certain securities and other Deputy Secretary. instruments selected to correspond 1. Purpose generally to the performance of the [FR Doc. E4–2654 Filed 10–14–04; 8:45 am] FTSE/Xinhua China 25 Index The Exchange has adopted listing BILLING CODE 8010–01–P (‘‘Underlying Index’’). The Fund intends standards applicable to ICUs which are to qualify as a ‘‘regulated investment consistent with the listing criteria company’’ (‘‘RIC’’) under the Internal SECURITIES AND EXCHANGE currently used by the American Stock Revenue Code (the ‘‘Code’’). Barclays COMMISSION Exchange LLC and other national Global Fund Advisors (‘‘Advisor’’ or securities exchanges, and trading ‘‘BGFA’’) is the investment advisor to [Release No. 34–50505; File No. SR–NYSE– standards pursuant to which the the Fund. The Advisor is registered 2004–55] Exchange may either list and trade ICUs, under the Investment Advisers Act of or trade such ICUs on the Exchange on 1940. The Advisor is the wholly owned Self-Regulatory Organizations; Notice an unlisted trading privileges (‘‘UTP’’) subsidiary of Barclays Global Investors, of Filing and Order Granting basis. 3 N.A. (‘‘BGI’’), a national banking Accelerated Approval of Proposed The Exchange now proposes to list association. BGI is an indirect Rule Change by the New York Stock and trade under Section 703.16 of the subsidiary of Barclays Bank PLC of the Exchange, Inc. To List and Trade the NYSE Listed Company Manual and United Kingdom. SEI Investments iShares FTSE/Xinhua China 25 Index NYSE Rule 1100 shares of the Fund, 4 a Distribution Co. (‘‘Distributor’’), a Fund series of the iShares Trust (‘‘Trust’’). 5 Pennsylvania corporation and broker- dealer registered under the Exchange October 8, 2004. Because the Fund invests in foreign securities not listed on a national Act, is the principal underwriter and Pursuant to Section 19(b)(1) of the securities exchange or the Nasdaq Stock distributor of Creation Unit Aggregations of iShares (see ‘‘Issuance Securities Exchange Act of 1934 Market, the Fund does not meet the (‘‘Exchange Act’’), 1 and Rule 19b–4 of Creation Unit Aggregations’’ below). ‘‘generic’’ listing requirements of thereunder, 2 notice is hereby given that The Distributor is not affiliated with the Section 703.16 of the Manual, which on September 27, 2004 the New York Exchange or the Advisor. The Trust has permits the listing and trading of ICUs Stock Exchange, Inc. (‘‘NYSE’’ or appointed Investors Bank & Trust Co. pursuant to Rule 19b–4(e) under the ‘‘Exchange’’) filed with the Securities (‘‘IBT’’ or ‘‘Administrator’’) to act as Exchange Act. 6 Therefore, to list the and Exchange Commission administrator, custodian, fund (‘‘Commission’’) the proposed rule Fund (or trade pursuant to unlisted accountant, transfer agent, and dividend change as described in Items I and II trading privileges), the Exchange must disbursing agent for the Fund. The below, which Items have been prepared file, and obtain Commission approval Exchange expects that performance of by the Exchange. The Commission is the Administrator’s duties and publishing this notice to solicit 3 In 1996, the Commission approved Section obligations will be conducted within the 703.16 of the NYSE Listed Company Manual comments on the proposed rule change (‘‘Manual’’), which sets forth the rules related to the provisions of the Investment Company from interested persons and is listing of ICUs. See Securities Exchange Act Release Act and the rules thereunder. There is approving the proposal on an No. 36923 (March 5, 1996), 61 FR 10410 (March 13, no affiliation between the Administrator accelerated basis. 1996). In 2000, the Commission also approved the and the Trust, the Advisor or the Exchange’s generic listing standards for listing and trading, or the trading pursuant to UTP, of ICUs Distributor. I. Self-Regulatory Organization’s 7 under Section 703.16 of the Manual and NYSE Rule FTSE/Xinhua Index Ltd. (‘‘FXI’’), the Statement of the Terms of Substance of 1100. See Securities Exchange Act Release No. sponsor and compiler of the FTSE/ the Proposed Rule Change 43679 (December 5, 2000), 65 FR 77949 (December Xinhua China 25 Index, is not affiliated 13, 2000). with the Trust, the Administrator, the The NYSE proposes to list and trade 4 iShares is a registered trademark of Barclays Global Investors, N.A. Distributor, or with the Advisor or its the iShares FTSE/Xinhua China 25 8 Index Fund (‘‘Fund’’), an exchange 5 The Trust is registered under the Investment affiliates. The Fund is not sponsored, traded fund, which is a type of Company Act of 1940, as amended (‘‘Investment Company Act’’). On January 22, 2003, the Trust 7 FXI is a Hong Kong incorporated, joint venture Investment Company Unit (‘‘ICU’’). filed with the Commission a Registration Statement company between FTSE, the global index company, for the fund on Form N–1A under the Securities Act II. Self-Regulatory Organization’s and Xinhua Financial Network. of 1933, as amended, and under the Investment 8 Although FXI is not an affiliated person, or an Statement of the Purpose of, and Company Act relating to the Fund (File Nos. 333– affiliated person of an affiliated person of the Statutory Basis for, the Proposed Rule 92935 and 811–09729) (as amended, the Advisor, an employee of Barclays Global Investors, Change ‘‘Registration Statement’’). On January 27, 2004, the North Asia Limited (‘‘BGIL’’), an affiliate of the Trust filed a Form N–1A to update certain Fund Advisor, currently serves as one of the 19 members information. In its filing with the Commission, the of the FTSE/Xinhua Index Committee. The FTSE/ On October 5, 2004, the Commission approved Xinhua Index Committee provides practitioner NYSE included statements concerning the Second Amended and Restated Application for input into the construction of the FTSE/Xinhua the purpose of, and basis for, the an Amended Order under Sections 6(c) and 17(b) indices and independent oversight to ensure that proposed rule change. The text of these of the Investment Company Act. See Investment relevant index construction rules are being statements may be examined at the Company Act Release No. 26626 (October 5, 2004) followed. The Index Committee is currently (‘‘Amended Order’’); Investment Company Act composed of 19 members, four of whom are places specified in Item III, below, and Release No. 26597 (September 14, 2004), 69 FR currently affiliated with non-U.S. broker-dealers. is set forth in Sections A, B, and C 56105 (September 17, 2004) (File No. 812–12936). The role of the Index Committee is to review the below. The Amended Order permits the Trust to offer three appropriateness of existing index rules, to provide new International ETFs, including the Fund, and oversight to ensure that index rules are properly permits the Fund, along with certain other followed, and to recommend changes to the rules 7 17 CFR 200.30–3(a)(75). International ETFs, to invest in certain depository in response to changes in the underlying market 1 15 U.S.C. 78s(b)(1). receipts, as described below. that the index seeks to represent. Input from 2 17 CFR 240.19b–4 6 17 CFR 240.19b–4(e). persons or experts (i.e., practitioners) who have
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offered or sold by FXI. FXI is not the Code.10 For example, if at the end investment objectives, policies and affiliated with a broker or dealer. of a calendar quarter a Fund would not investment strategies will be fully While the Advisor would manage the comply with the RIC diversification disclosed in its prospectus Fund, the Fund’s Board of Directors tests, the Advisor would make (‘‘Prospectus’’) and statement of would have overall responsibility for adjustments to the portfolio to ensure additional information (‘‘SAI’’). the Fund’s operations. The composition continued RIC status. The Fund will not concentrate its of the Board is, and would be, in The performance of the Fund and the investments (i.e., hold 25% or more of compliance with the requirements of Underlying Index will vary somewhat its assets) in a particular industry or Section 10 of the Investment Company due to transaction costs, market impact, group of industries, except that the Act. The Fund is subject to and must corporate actions (such as mergers and Fund will concentrate its investments to comply with Section 303A.06 of the spin-offs) and timing variances. It is approximately the same extent that the Manual, which requires that the Fund expected that, over time, the correlation Underlying Index is so concentrated. have an audit committee that complies between the Fund’s performance and For purposes of this limitation, with Rule 10A–3 of the Exchange Act.9 that of the Underlying Index, before fees securities of the U.S. Government and expenses, will be 95% or better. A (including its agencies and (a) Operation of the Fund figure of 100% would indicate perfect instrumentalities), repurchase The investment objective of the Fund correlation. Any correlation of less than agreements collateralized by U.S. will be to provide investment results 100% is called ‘‘tracking error.’’ Thus, Government securities, and securities of that correspond generally to the price as with existing iShares funds, BGFA state or municipal governments and and yield performance of the represents that the expected tracking their political subdivisions are not Underlying Index. In seeking to achieve error of the Fund relative to the considered to be issued by members of its investment objective, the Fund will performance of its Underlying Index any industry. utilize ‘‘passive’’ indexing investment will be no more than 5%. The Fund’s The Fund will at all times invest at strategies. The Fund may fully replicate least 80% of its assets in component its Underlying Index, but currently 10 In order for the Fund to quality for tax securities of its Underlying Index intends to use a ‘‘representative treatment as a RIC, it must meet several (‘‘Component Securities’’) and in requirements under the Code. Among these is a depository receipts representing such sampling’’ strategy to track its requirement that, at the close of each quarter of the 11 Underlying Index. A Fund utilizing a Fund’s taxable year, (1) at least 50% of the market Component Securities and at least representative sampling strategy value of the Fund’s total assets must be represented half of the remaining 20% of its assets generally will hold a basket of the by cash items, U.S. government securities, in Component Securities or Depository securities of other RICs and other securities, with Receipts or in stocks included in the Component Securities of its Underlying such other securities limited for the purpose of this Index, but it may not hold all of the calculation with respect to any one issuer to an Chinese market, but not included in the Component Securities of its Underlying amount not greater than 5% of the value of the Underlying Index. To the extent the Index. Fund’s assets and not greater than 10% of the Fund invests in ADRs, they will be outstanding voting securities of such issuer; and (2) listed on a national securities exchange From time to time, adjustments may not more than 25% of the value of its total assets be made in the portfolio of the Fund in may be invested in securities of any one issuer, or or Nasdaq. Other depository receipts, accordance with changes in the two or more issuers that are controlled by the Fund namely GDRs, will be listed on a foreign composition of the Underlying Index or (within the meaning of Section 851(b)(4)(B) of the exchange. The Fund will not invest in Code) and that are engaged in the same or similar any unlisted depository receipts or any to maintain compliance with trades or business (other than U.S. government requirements applicable to a RIC under securities of other RICs). listed depository receipts that the ‘‘Other securities’’ of an issuer are considered Advisor deems to be illiquid or for applicable industry knowledge of the underlying qualifying assets only if they meet the following which pricing information is not readily market that the index seeks to represent helps conditions: available.12 The Fund may also invest ensure that the published index rules and the The entire amount of the securities of the issuer up to 10% of its assets in certain implementation of such rules adequately reflect owned by the company is not greater in value than futures, options and swap contracts and current developments in the underlying market. 5% of the value of the total assets of the company; Any such input would be provided in accordance and the entire amount of the securities of such cash and cash equivalents, including with the published index rules and methodology issuer owned by the company does not represent money market funds advised by the and any changes in index components would be more than 10% of the outstanding voting securities Advisor 13 and other exchange traded implemented in accordance with such rules. The of such issuer. funds (including other iShares funds).14 index compilation functions of FXI and the FTSE/ Under the second diversification requirement, the Xinhua Index Committee are, and will remain, ‘‘25% diversification limitation,’’ a company may For example, the Fund may invest in completely separate and independent of the not invest more that 25% of the value of its assets securities not included in the portfolio management functions of BGFA. FXI and in any one issuer or two issuers or more that the Underlying Index in order to reflect the FTSE/Xinhua Index Committee have adopted taxpayer controls. prospective changes in the Underlying policies that prohibit the dissemination and use of Compliance with the above referenced RIC asset Index (such as future corporate actions confidential and proprietary information about the diversification requirements are monitored by the Index and have instituted procedures designed to Adviser and any necessary adjustments to portfolio prevent the improper dissemination and use of such issuer weights will be made on a quarterly basis or 11 For the purposes of this order, ‘‘Depository information. The BGIL employee on the FTSE/ as necessary to ensure compliance with RIC Receipts’’ are American Depository Receipts Xinhua Index Committee is not and will not be requirements. When an iShares Fund’s Underlying (‘‘ADRs’’) and Global Depository Receipts (‘‘GDRs’’) involved in the operations of the Advisor or the Index itself is not RIC compliant, the Adviser (collectively, ‘‘Depository Receipts’’). Fund, and is and will not be involved in any generally employs a representative sampling 12 In addition, the Exchange represents that all capacity with the Fund’s Board of Trustees. BGI and indexing strategy (as described in the prospectus) Depository Receipts must be sponsored (with the BGIL have adopted policies that limit the use of in order to achieve the Fund’s investment objective. exception of certain pre-1984 ADRs that are listed confidential and proprietary information about Each iShare Fund’s prospectus also gives such but unsponsored because they were grandfathered). portfolio management decisions to those person Fund additional flexibility to comply with the 13 See In the Matter of Master Investment whose duties require and permit them to have requirements of the Code and other regulatory Portfolio, et al., Investment Company Act Release access to such information and have instituted requirements and to manage future corporate No. 25158 (September 18, 2001). procedures designed to prevent the improper actions and index changes in smaller markets by 14 The Fund, as well as any existing iShares Fund, dissemination and use of such information. BGIL investing a percentage of fund assets in securities is permitted to invest in shares of another iShares and BGFA are separate legal entities and do not that are not included in the Fund’s Underlying Fund to the extent that such investment is share employees, office space, trading floors or Index or in American Depository Receipts and consistent with the Fund’s investment objective, portfolio management systems. Global Depository Receipts representing such registration statement, and any applicable 9 17 CFR 240.10A–3. securities. investment restrictions.
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and index reconstitutions, additions and have a higher representation in the dissemination and use of confidential deletions). Underlying Index. Index constituents and proprietary information about the The Fund intends to hold all of the are screened for liquidity and Underlying Index and have instituted securities in the Index that are listed on weightings are capped to avoid over- procedures designed to prevent the the Hong Kong Stock Exchange. The concentration in any one stock. The improper dissemination of the use of Fund does not intend to hold any B- inception date of the Underlying Index such information. BGI and BGIL have shares which are listed in Chinese was March 2001. made similar representations with markets and included in the Underlying As of December 31, 2003, the respect to the Index Committee member Index.15 The Fund also does not Underlying Index’s top three holdings who is a BGIL employee. currently intend to invest in the were BOC Hong Kong (Holdings), Eligibility. Each security included in Depository Receipts but reserves the PetroChina and China Mobile and the the Underlying Index will be a current flexibility to do so.16 Underlying Index’s top three industries constituent of the FTSE All-World The Exchange believes that these were oil and gas, telecommunications Index. All classes of equity securities in requirements and policies prevent the services and banks. issue are eligible for inclusion in the Fund from being excessively weighted As of August 31, 2004, the Underlying Underlying Index subject to conforming in any single security or small group of Index’s components had a total market with free-float and liquidity restrictions. securities and significantly reduce capitalization of approximately $154 H shares, Red Chip shares and B shares concerns that trading in the Fund could billion and a float-adjusted market are eligible for inclusion in the become a surrogate for trading in capitalization of approximately $41 Underlying Index.20 As of September unregistered securities. billion.18 The average total market 24, 2004, only one constituent was B capitalization was approximately $6.2 (b) Description of the Fund and the shares (approximately 1% of the billion and the average float-adjusted Underlying Index (FTSE/Xinhua China Underlying Index). FXI expects to market capitalization was 25 Index) eventually eliminate B shares from the approximately $1.6 billion. The ten Underlying Index. FXI is a Hong Kong incorporated, largest constituents represented Float-Adjusted Market Capitalization. joint venture company between FTSE, approximately 60.8% of the index When calculating a company’s index the global index company, and Xinhua weight. The 5 highest weighted stocks, weights, individual constituents’ shares Financial Network (‘‘XFN’’). The which represented 40.2% of the index held by governments, corporations, company was created to facilitate the weight, had an average daily trading strategic partners, or other control development of real-time indices for the volume in excess of 47.5 million shares groups are excluded from the company’s Chinese market that can be used as during the past 2 months. All of the shares outstanding. Shares owned by performance benchmarks and as a basis component stocks traded at least other companies are also excluded for derivative trading and index tracking 250,000 shares in each of the previous regardless of whether such companies funds. FTSE is an independent 6 months. are index constituents. Where a foreign company whose sole business is the investment limit exists at the sector or creation and management of indices and Index Methodology company level, the constituent’s weight associated data services. FTSE Component Selection Criteria. The will reflect either the foreign investment originated as a joint venture between the FTSE/Xinhua China 25 Index is rule- limit or the percentage float, whichever Financial Times and the London Stock based and is monitored by a governing is the more restrictive.21 Exchange. FTSE calculates over 60,000 committee. The FTSE/Xinhua China 25 Stocks are screened to ensure there is indices daily, including more than 600 Index Committee (‘‘Index Committee’’) sufficient liquidity to be traded. Factors real-time indices. XFN is an is responsible for conducting the in determining liquidity include the independent financial information quarterly review of constituents of the provider that focuses on China’s Underlying Index and for making 20 ‘‘H’’ Shares—H shares are incorporated in markets. XFN is based in Hong Kong changes in accordance with applicable China and listed and traded on the Hong Kong and Beijing. exchange. They are quoted and traded in Hong procedures. The Index Committee is Kong and U.S. dollars. Like other securities trading Index Description currently composed of 19 members, four on the Hong Kong Stock Exchange, there are no of whom are currently affiliated with restrictions on who can trade H shares. The Underlying Index is designed to non-U.S. broker-dealers, including an ‘‘Red Chip’’ Shares—Red Chip shares are incorporated in Hong Kong and trade on the Hong represent the performance of the largest employee of BGIL. Any such input companies in the mainland China Kong stock exchange. They are quoted in Hong would be provided in accordance with Kong dollars. Red Chip companies may be equity market that are available to the published index rules and substantially owned directly or indirectly by the international investors. The Underlying methodology and any changes in index Chinese Government and have the majority of their business interested in mainland China. Index includes 25 of the largest and components would be implemented in most heavily traded Chinese H shares and Red Chip shares trade on the Hong accordance with such rules.19 companies.17 Securities in the Kong Stock Exchange, typically on a T+2 basis, FTSE has represented that the FTSE, through a central book-entry system that effectively Underlying Index are weighted based on FXI, and the Index Committee have guarantees settlement of exchange trades by broker- the free-float adjusted total market value adopted policies that prohibit the dealers. of their shares, so that securities with ‘‘B’’ Shares—B shares are incorporated in China higher total market values generally and trade on either the Shanghai or Shenzhen stock 18 Float-adjusted market capitalization includes exchanges. They are quoted in U.S. dollars on the shares available in the market for public Shanghai stock exchange and Hong Kong dollars on 15 See infra note 20. investment, and reflects free float adjustments to the Shenzhen stock exchange. They can be traded 16 Telephone conversation between Mike the Index in accordance with FTSE’s free float by non-residents of the Peoples’ Republic of China Cavalier, Associate General Counsel, NYSE, Richard rules. Additional information regarding FTSE’s free and also residents of the People’s Republic of China Morris, Senior Counsel, BGI, and Florence Harmon, float adjustment methodology is available on with appropriate foreign currency dealing accounts. Senior Special Counsel, Division, Commission, on www.ftse.com. There is not a true ‘‘delivery versus payment’’ October 7, 2004. 19 Telephone conversation between Mike settlement for B foreign depositaries or local banks. 17 The Exchange provided additional information Cavalier, Associate General Counsel, NYSE, Richard 21 The Exchange understands that there are no regarding the Index and a complete list of its Morris, Senior Counsel, BGI, and Florence Harmon, foreign ownership limits with the current components as of August 31, 2004 in Exhibit A to Senior Special Counsel, Division, Commission, on constituents to the FTSE/Xinhua China 25 Index its Form 19b–4 submission. October 7, 2004. and that, as such, the percentage float will be used.
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availability of current and reliable price Quarterly Index Rebalancing. The the Reuter’s foreign exchange rates and information and the level of trading quarterly review of the Underlying Hong Kong Stock Exchange prices volume relative to shares outstanding. Index constituents takes place in received at the closing time of the Value traded and float turnover are also January, April, July and October. Any Underlying Index will be used to analyzed on a monthly basis to ensure changes will be implemented on the calculate the final Underlying Index ample liquidity. Fundamental analysis next trading day following the third value each day. is not part of the selection criteria for Friday of the same month of the review (c) Issuance of Creation Unit inclusion or exclusion of stocks from meeting. Details of the outcome of the Aggregations the Underlying Index. The financial and review and the dates on which any operating condition of a company are changes are to be implemented will be The Exchange notes that, according to not analyzed. published as soon as possible after the the Application, the issuance and Index Maintenance and Issue Index Committee meeting has redemption of Creation Unit Changes. The Index Committee is concluded its review. Aggregations will operate in a manner responsible for undertaking the review Index Availability. The Underlying identical to that of the funds that are the of the Underlying Index and for Index is calculated in real time and subject of the Prior Order.24 approving changes of constituents in published every minute during the (i) In General. The Fund will issues accordance with the index rules and index period (09:15–16:00 Local Hong shares (the ‘‘iShares’’) on a continuous procedures. The FTSE Global Kong Time) or (17:15–24:00 U.S. PDT). offering basis in groups of 50,000 or Classification Committee is responsible It is available, by subscription, more. These ‘‘groups’’ of shares are for the industry classification of published every minute, directly from called ‘‘Creation Unit Aggregations.’’ constituents of the Underlying Index FTSE and from the following vendors: The Fund will issue and redeem iShares 25 within the FTSE Global Classification Reuters, Bloomberg, Telekurs, FTID and only in Creation Unit Aggregations. System. The FTSE Global Classification LSE/Proquote. The end of day index The anticipated price at which the Committee may approve changes to the value, based on last sale prices,22 is iShares will initially trade is FTSE Global Classification System and distributed at 16:15 (Local Hong Kong approximately $50. The NAV per share of the Fund is Management Rules. FXI appoints the Time). This end of day index value also determined as of the close of the regular Chairman and Deputy Chairman of the will be made available to the Financial trading session on the Exchange on each Index Committee. The Chairman chairs Times Asia edition and other major day that the Exchange is open. The meetings of the Committee and newspapers and will be available at the Trust sells Creation Unit Aggregations of represents the Committee in outside FTSE Index Services Web site: http:// the Fund only on business days at the meetings. Adjustments to reflect a major www.ftse.com. The Underlying Index is next determined NAV of the Fund. change in the amount or structure of a calculated using Hong Kong Stock Creation Unit Aggregations generally constituent company’s issued capital Exchange trade prices and Reuter’s real- will be issued by the Fund in exchange will be made before the start of the time spot currency rates, as described index calculation on the day on which for the in-kind deposit of equity below. A total return index value that securities designated by the Advisor to the change takes effect. Adjustments to takes into account reinvested dividends reflect less significant changes will be correspond generally to the price and is published daily at the end of day. The yield performance of the Fund’s implemented before the start of the Underlying Index is not calculated on index calculation on the day following Underlying Index (‘‘Deposit Securities’’) days that are holidays in Hong Kong. and a specified cash payment. Creation the announcement of the change. All The daily closing index value, Unit Aggregations generally will be adjustments are made before the start of historical values, constituents’ the index calculations on the day redeemed by the Fund in exchange for weighting, constituents’ market portfolio securities of the Fund (‘‘Fund concerned, unless market conditions capitalization and daily percentage prevent this. Securities’’) and a specified cash changes are publicly available from payment. Fund Securities received on A company will be inserted into the http://www.ftsexinhua.com. All Underlying Index at the periodic review redemption may not be identical to corporate actions and rules relating to Deposit Securities deposited in if it rises to 15th position or above when the management of the indices are also the eligible companies are ranked by connection with creations of Creation available from the Web site. Unit Aggregations for the same day. full market value before the application Exchange Rates and Pricing. FXI of any investibility weightings. A All orders to purchase iShares in calculates the value of the Underlying Creation Unit Aggregations must be company in the Underlying Index will Index using Reuters real-time foreign be deleted at the periodic review if it placed through an Authorized exchange spot rates and local stock Participant. An Authorized Participant falls to 36th position or below when the exchange real-time, last sale security eligible companies are ranked by full must be either a ‘‘Participating Party’’, prices. The Underlying Index is i.e., a broker-dealer or other participant market value before the application of calculated in Hong Kong Dollars, using any investibility weightings. Any in the clearing process through the Hong Kong Stock Exchange trade prices. National Securities Clearing Corporation deletion to the Underlying Index will Non-Hong Kong Dollar denominated simultaneously entail an addition to the (‘‘NSCC’’) Continuous Net Settlement constituent prices are converted to Hong Underlying Index to maintain 25 index System (‘‘Clearing Process’’), a clearing Kong Dollars in order to calculate the constituents at all times. agency that is registered with the SEC, value of the Underlying Index.23 Revisions to the Float Adjustments. Thus, or a Depository Trust Company (‘‘DTC’’) The Underlying Index is reviewed participant, and in each case, must enter 22 Telephone conversation between Mike into a Participant Agreement. The Fund quarterly for changes in free float. These Cavalier, Associate General Counsel, NYSE, Richard reviews will coincide with the quarterly Morris, Senior Counsel, BGI, and Florence Harmon, is currently imposing transaction fees in reviews undertaken of the Underlying Senior Special Counsel, Division, Commission, on Index as a whole. Implementation of October 7, 2004. 24 See supra note 5. 23 25 any changes will be after the close of the As stated, the Index provider has announced its Each Creation Unit Aggregation will consist of intention to remove the B Share component trading 50,000 or more iShares and the estimated initial index calculation on the third Friday in on either the Shanghai or Shenzhen stock value per Creation Unit Aggregation will be January, April, July and October. exchanges in the near future. approximately $2,500,000.
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connection with creation and delivery or that may not otherwise be calculated Fund NAV on a per-Fund- redemption transactions.26 eligible for transfer. The Trust also share basis, it is possible that the value (ii) In-Kind Deposit of Portfolio reserves the right to permit or require a of the portfolio of securities held by the Securities. Payment for Creation Unit ‘‘cash in lieu’’ amount where the Fund may diverge from the Deposit Aggregations will be made by the delivery of the Deposit Security by the Securities values during any trading purchasers generally by an in-kind Authorized Participant would be day. In such case, the IOPV will not deposit with the Fund of the Deposit restricted under the securities laws or precisely reflect the value of the Fund Securities together with an amount of where the delivery of the Deposit portfolio. cash (‘‘Balancing Amount’’) specified by Security to the Authorized Participant However, during the trading day, the the Advisor in the manner described would result in the disposition of the IOPV can be expected to closely below. The Balancing Amount is an Deposit Security by the Authorized approximate the value per Fund share of amount equal to the difference between Participant becoming restricted under the portfolio of securities for the Fund (1) the NAV (per Creation Unit the securities laws, or in certain other except under unusual circumstances Aggregation) of the Fund and (2) the situations. The adjustments described (e.g., in the case of extensive total aggregate market value (per above will reflect changes known to the rebalancing of multiple Component Creation Unit Aggregation) of the Advisor on the date of announcement to Securities at the same time by the Deposit Securities (such value referred be in effect by the time of delivery of the Advisor). to herein as the ‘‘Deposit Amount’’). The Fund Deposit, in the composition of the The Exchange believes that Balancing Amount serves the function Underlying Index or resulting from dissemination of the IOPV based on the of compensating for differences, if any, certain corporate actions. Deposit Securities provides additional between the NAV per Creation Unit information regarding the Fund that is Aggregation and that of the Deposit (d) Availability of Information not otherwise available to the public Amount.27 The deposit of the requisite Regarding iShares and the Underlying and is useful to professionals and Deposit Securities and the Balancing Index investors in connection with Fund Amount are collectively referred to On each business day the list of shares trading on the Exchange or the herein as a ‘‘Fund Deposit.’’ The names and amount of each security creation or redemption of Fund shares. Advisor will make available to the constituting the current Deposit Since the trading hours of the Hong market through the NSCC on each Securities of the Fund Deposit and the Kong Stock Exchange do not overlap business day, prior to the opening of Balancing Amount effective as of the with regular trading hours in the U.S., trading on the Exchange (currently 9:30 previous business day, per outstanding it is expected that the Value Calculator, a.m. Eastern Time), the list of the names share of the Fund, will be made when calculating IOPV, will utilize and the required number of shares of available. An amount per iShare closing prices (in applicable foreign each Deposit Security included in the representing the sum of the estimated currency prices) in the principal foreign current Fund Deposit (based on Balancing Amount effective through and market for the securities in the Fund information at the end of the previous including the previous business day, portfolio (i.e., the Hong Kong Stock business day) for the Fund. The Fund plus the current value of the Deposit Exchange), and convert the prices to Deposit will be applicable to the Fund Securities in U.S. dollars, on a per U.S. dollars. (subject to any adjustments to the iShare basis (the ‘‘Intra-day Optimized In addition, FTSE will disseminate a Balancing Amount, as described below) Portfolio Value’’ or ‘‘IOPV’’) will be value for the Underlying Index once in order to effect purchases of Creation calculated by an independent third each trading day, based on closing Unit Aggregations of the Fund until party (the ‘‘Value Calculator’’), such as prices in the Hong Kong Stock such time as the next-announced Fund Bloomberg L.P., every 15 seconds Exchange. The NAV for the Fund will Deposit composition is made available. during the Exchange’s regular trading be calculated and disseminated daily. The identity and number of shares of hours and disseminated every 15 The Fund NAV will be calculated by the Deposit Securities required for the seconds on the Consolidated Tape. IBT. IBT will disseminate the Fund Deposit for the Fund will change The IOPV reflects the current value of information to BGI, SEI and others, from time to time. The composition of the Deposit Securities and the Balancing including the NYSE. The Fund NAV the Deposit Securities may change in Amount. The IOPV also reflects changes will be published in a number of places, response to adjustments to the in currency exchange rates between the including iShares.com and on the weighting or composition of the U.S. dollar and the applicable home Consolidated Tape. constituent securities in the Underlying foreign currency. The Underlying Index currently uses Index. In addition, the Trust reserves Since the Fund will utilize a the Reuters foreign exchange rate at the the right to permit or require the representative sampling strategy, the close of the index (4 p.m. Hong Kong substitution of an amount of cash—i.e., IOPV may not reflect the value of all Time) to compute final index values. a ‘‘cash in lieu’’ amount—to be added to securities included in the Underlying The Fund intends to use Reuters/WM the Balancing Amount to replace any Index. In addition, the IOPV does not foreign exchange rates at 4 p.m. London Deposit Security that may not be necessarily reflect the precise Time. There will also be disseminated a available in sufficient quantity for composition of the current portfolio of variety of data with respect to the Fund securities held by the Fund at a on a daily basis by means of CTA and 26 Telephone conversation between Mike particular point in time. Therefore, the CQ High Speed Lines, which will be Cavalier, Associate General Counsel, NYSE, Richard Exchange states that the IOPV on a per made available prior to the opening of Morris, Senior Counsel, BGI, and Florence Harmon, Fund share basis disseminated during trading on the Exchange. Information Senior Special Counsel, Division, Commission, on October 7, 2004. the Exchange’s trading hours should not with respect to recent NAV, shares 27 Where the NAV (per Creation Unit be viewed as a real time update of the outstanding, estimated cash amount and Aggregation) of the Fund exceeds the Deposit NAV of the Fund, which is calculated total cash amount per Creation Unit Amount, the purchaser pays the corresponding only once a day. While the IOPV Aggregation will be made available prior balancing Amount to the Fund. Where, by contrast, the Deposit Amount exceeds the NAV (per Creation disseminated by the Exchange at 9:30 to the opening of the Exchange. In Unit Aggregation) of the Fund, the Balancing a.m. New York Time is expected to be addition, the Web site for the Trust, Amount is paid by the Fund to the purchaser. generally very close to the most recently www.ishares.com, which will be
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publicly accessible at no charge, will numbers of shares of each Deposit Beneficial owners of iShares will contain the following information, on a Security included in the current Fund receive all of the statements, notices, per iShare basis, for the Fund: (a) The Deposit. and reports required under the prior business day’s NAV and the mid- In addition, just as the Balancing Investment Company Act and other point of the bid-ask price at the time of Amount is delivered by the purchaser of applicable laws. They will receive, for calculation of such NAV (‘‘Bid/Ask Creation Unit Aggregations to the Fund, example, annual and semi-annual Price’’),28 and a calculation of the the Trust will also deliver to the reports, written statements premium or discount of such price redeeming beneficial owner in cash the accompanying dividend payments, against such NAV; and (b) data in chart ‘‘Cash Redemption Payment.’’ The Cash proxy statements, annual notifications format displaying the frequency Redemption Payment on any given detailing the tax status of distributions, distribution of discounts and premiums business day will be an amount IRS Form 1099-DIVs, etc. Because the of the Bid/Ask Price against the NAV, calculated in the same manner as that Trust’s records reflect ownership of within appropriate ranges, for each of for the Balancing Amount, although the iShares by DTC only, the Trust will the four previous calendar quarters. actual amounts may differ if the Fund make available applicable statements, The closing prices of the Fund’s Securities received upon redemption are notices, and reports to the DTC Deposit Securities are readily available not identical to the Deposit Securities Participants who, in turn, will be from, as applicable, the relevant applicable for creations on the same responsible for distributing them to the exchanges, automated quotation day.29 To the extent that the Fund beneficial owners. systems, published or other public Securities have a value greater than the (g) Other Issues sources in the relevant country, or on- NAV of iShares being redeemed, a cash line information services such as payment equal to the differential is (1) Criteria for Initial and Continued Bloomberg or Reuters. The exchange required to be paid by the redeeming Listing. iShares are subject to the criteria rate information required to convert beneficial owner to the Fund. The Trust for initial and continued listing of ICUs such information into U.S. dollars is may also make redemptions in cash in in Section 703.16 of the Manual. A also readily available in newspapers and lieu of transferring one or more Fund minimum of two Creation Units other publications and from a variety of Securities to a redeemer if the Trust (100,000 iShares) will be required to be on-line services. determines, in its discretion, that such outstanding at the start of trading. his method is warranted due to unusual minimum number of iShares required to (e) Redemption of iShares circumstances. An unusual be outstanding at the start of trading Creation Unit Aggregations of the circumstance could arise, for example, will be comparable to requirements that Fund will be redeemable at the NAV when a redeeming entity is restrained have been applied to previously traded next determined after receipt of a by regulation or policy from transacting series of ICUs. The Exchange believes that the request for redemption. Creation Unit in certain Fund Securities, such as the proposed minimum number of iShares Aggregations of the Fund generally will presence of such Fund Securities on a outstanding at the start of trading is be redeemed in-kind, together with a redeeming investment banking firm’s sufficient to provide market liquidity balancing cash payment (although, as restricted list. described below, Creation Unit and to further the Trust’s objective to Aggregations may sometimes be (f) Dividends and Distributions seek to provide investment results that redeemed for cash). The value of the Dividends from net investment correspond generally to the price and Fund’s redemption payments on a income will be declared and paid to yield performance of the Underlying Creation Unit Aggregation basis will beneficial owners of record at least Index. (2) Original and Annual Listing Fees. equal the NAV per the appropriate annually by the Fund. Distributions of The original listing fee applicable to the number of Fund shares. Owners of realized securities gains, if any, Fund for listing on the Exchange is iShares may sell their iShares in the generally will be declared and paid once $5,000, and the annual continuing secondary market, but must accumulate a year, but the Fund may make distributions on a more frequent basis to listing fee will be $2,000. enough iShares to constitute a Creation (3) Stop and Stop Limit Orders. comply with the distribution Unit Aggregation in order to redeem Commentary .30 to Exchange Rule 13 requirements of the Code and consistent through the Fund. Redemption orders provides that stop and stop limit orders with the Investment Company Act. must be placed by or through an in an ICU shall be elected by a Dividends and other distributions on Authorized Participant. quotation, but specifies that if the iShares of the Fund will be distributed Creation Unit Aggregations of the electing bid or an offer is more than 0.10 on a pro rata basis to beneficial owners Fund generally will be redeemable on points away from the last sale and is for of such iShares. Dividend payments will any business day in exchange for Fund the specialist’s dealer account, prior be made through the Depository and the Securities and the Cash Redemption Floor Official approval is required for DTC Participants to beneficial owners Payment (defined below) in effect on the the election to be effective. This rule then of record with amounts received date a request for redemption is made. applies to ICUs generally. The Advisor will publish daily through from the Fund. (4) Rule 460.10. Rule 460.10 generally NSCC the list of securities which a The Trust currently does not intend to precludes certain business relationships creator of Creation Unit Aggregations make the DTC book-entry Dividend must deliver to the Fund (‘‘Creation Reinvestment Service (‘‘Service’’) broker to ascertain the availability and a description List’’) and which a redeemer will available for use by beneficial owners of the Service through such broker. The SAI will receive from the Fund (‘‘Redemption for reinvestment of their cash proceeds, also caution interested beneficial owners that they List’’). The Creation List is identical to but certain individual brokers may make should note that each broker may require investors 30 to adhere to specific procedures and timetables in the list of the names and the required the Service available to their clients. order to participate in the Service and such investors should ascertain from their broker such 28 The Bid-Ask Price of the Fund is determined 29 See discussion under Section II.A.1(c)(ii) ‘‘In- necessary details. iShares acquired pursuant to the using the highest bid and lowest offer on the Kind Deposit of Portfolio Securities,’’ above. Service will be held by the beneficial owners in the Exchange as of the time of calculation of the Fund’s 30 The SAI will inform investors of this fact and same manner, and subject to the same terms and NAV. direct interested investors to contact such investor’s conditions, as for original ownership of iShares.
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between an issuer and the member or suitability rules, including NYSE Rule of the ISG, including the Hong Kong member organization or any other 405 (Diligence as to Accounts). The Stock Exchange. member, allied member, or approved circular will also discuss exemptive, no- (11) Hours of Trading/Minimum Price person or officer or employee of the action and interpretive relief granted by Variation. The Fund will trade on the member organization, such as the Commission from certain rules Exchange until 4:15 p.m. (Eastern time) participating in a proxy contest or under the Exchange Act. each business day. The minimum price becoming a director of the company, if (7) Trading Halts. In order to halt the variation for quoting will be $.01. the member specializes in the issuer’s trading of the Fund, the Exchange may securities. Exceptions in the Rule permit consider, among other things, factors Statutory Basis specialists in Fund shares to enter into such as the extent to which trading is NYSE believes that the proposed rule Creation Unit transactions through the not occurring in Component Securities change is consistent with Section 6(b)(5) Distributor to facilitate the maintenance and whether other unusual conditions of the Exchange Act 32 requiring that an of a fair and orderly market. A specialist or circumstances detrimental to the exchange have rules that are designed, Creation Unit transaction may only be maintenance of a fair and orderly among other things, to prevent effected on the same terms and market are present. In addition, trading fraudulent and manipulative acts and conditions as any other investor, and in Fund shares is subject to trading halts practices, to promote just and equitable only at the NAV of the Fund shares. A caused by extraordinary market principles of trade, to remove specialist may acquire a position in volatility pursuant to Exchange Rule impediments to, and perfect the excess of 10% of the outstanding issue 80B. mechanism of a free and open market of the Fund shares, the redemption of (8) Due Diligence. The Exchange and, in general, to protect investors and which would not result in a position, represents that the information circular the public interest. directly or indirectly, in any equity to members will note, for example, B. Self-Regulatory Organization’s security in which the specialist is Exchange responsibilities including that Statement on Burden on Competition registered exceeding the 10% threshold. before an Exchange member, member However, a specialist registered in the organization, or employee thereof The Exchange does not believe that Fund shares may purchase and redeem recommends a transaction in the Fund, the proposed rule change will impose Fund shares from the investment a determination must be made that the any burden on competition that is not company, as appropriate to facilitate the recommendation is in compliance with necessary or appropriate in furtherance maintenance of a fair and orderly all applicable Exchange and Federal of the purposes of the Exchange Act. rules and regulations, including due market in the subject security. C. Self-Regulatory Organization’s (5) Prospectus Delivery. The diligence obligations under Exchange Statement on Comments on the Commission has granted the Trust an Rule 405 (Diligence as to Accounts). Proposed Rule Change Received From exemption from certain prospectus (9) Purchases and Redemptions in Members, Participants or Others delivery requirements under Section Creation Unit Size. In the Information 24(d) of the Investment Company Act.31 Circular referenced above, members and The Exchange has neither solicited Any product description used in member organizations will be informed nor received written comments on the reliance on the Section 24(d) exemptive that procedures for purchases and proposed rule change. redemptions of iShares in Creation Unit order will comply with all III. Solicitation of Comments representations made therein and all Size are described in the Fund conditions thereto. The Exchange, in an Prospectus and SAI, and that iShares are Interested persons are invited to Information Circular to Exchange not individually redeemable but are submit written data, views, and members and member organizations, redeemable only in Creation-Unit-size arguments concerning the foregoing, will inform members and member aggregations or multiples thereof. including whether the proposed rule organizations, prior to commencement (10) Surveillance. Exchange change is consistent with the Exchange surveillance procedures applicable to of trading, of the prospectus or product Act. Comments may be submitted by trading in the proposed iShares are description delivery requirements any of the following methods: comparable to those applicable to other applicable to the Fund. Electronic Comments (6) Information Circular. The ICUs currently trading on the Exchange. • Exchange will distribute an information The Exchange represents that its Use the Commission’s Internet circular to its members in connection surveillance procedures are adequate to comment form (http://www.sec.gov/ with the trading of the Fund. The properly monitor the trading of the rules/sro.shtml); or • circular will discuss the special Fund. The Exchange’s current trading Send an e-mail to rule- surveillances focus on detecting characteristics and risks of trading this [email protected]. Please include File securities trading outside their normal type of security. Specifically, the Number SR–NYSE–2004–55 on the patterns. When such situations are circular, among other things, will subject line. detected, surveillance analysis follows discuss what the Fund is, how Fund and investigations are opened, where Paper Comments shares are created and redeemed, the appropriate, to review the behavior of • requirement that members and member Send paper comments in triplicate all relevant parties for all relevant firms deliver a prospectus or product to Jonathan G. Katz, Secretary, trading violations. The Exchange description to investors purchasing Securities and Exchange Commission, represents that it is able to obtain shares of the Fund prior to or 450 Fifth Street, NW., Washington, DC information regarding trading in both concurrently with the confirmation of a 20549–0609. the Fund shares and the Component transaction, applicable Exchange rules, All submissions should refer to File Securities by its members on any dissemination information, trading Number SR–NYSE–2004–55. This file relevant market. In addition, the information and the applicability of number should be included on the Exchange may obtain trading subject line if e-mail is used. To help the 31 See In the Matter of iShares, Inc., et al., information via the Intermarket Commission process and review your Investment Company Act Release No. 25623 (June Surveillance Group (‘‘ISG’’) from other 25, 2002). exchanges who are members or affiliates 32 15 U.S.C. 78f(b)(5).
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comments more efficiently, please use at negotiated prices throughout the value the performance of the Underlying only one method. The Commission will business day that generally track the Index.39 post all comments on the Commission’s price and yield performance of the Moreover, the Commission finds that, Internet Web site (http://www.sec.gov/ targeted Underlying Index.36 although the value of the Fund’s shares rules/sro.shtml). Copies of the Furthermore, the Commission will be derived from and based on the submission, all subsequent believes that the proposed rule change value of the securities and cash held in amendments, all written statements raises no issues that have not been the Fund, the Fund is not leveraged. with respect to the proposed rule previously considered by the Accordingly, the level of risk involved change that are filed with the Commission. The Fund is similar in in the purchase or sale of Fund shares Commission, and all written structure and operation to exchange- is similar to the risk involved in the communications relating to the traded index funds that the Commission purchase or sale of traditional common proposed rule change between the has previously approved for listing and stock, with the exception that the Commission and any person, other than trading on national securities exchanges pricing mechanism for shares in the those that may be withheld from the under Section 19(b)(2) of the Exchange Fund is based on a portfolio of public in accordance with the Act.37 The stocks included in the securities. The Commission notes that provisions of 5 U.S.C. 552, will be Underlying Index are among the stocks the Fund will at all times invest at least available for inspection and copying in with the highest liquidity and market 80% of its assets in Component the Commission’s Public Reference capitalization in the Chinese markets. Securities of its Underlying Index and Section, 450 Fifth Street, NW., Further, with respect to each of the in Depository Receipts representing such securities and at least half of the Washington, DC 20549. Copies of such following key issues, the Commission remaining 20% of its assets in such filing also will be available for believes that the Fund satisfies securities or in stocks included in the inspection and copying at the principal established standards. office of the NYSE. All comments Chinese market, but not included in the received will be posted without change; A. Fund Characteristics Underlying Index.40 As noted above, the the Commission does not edit personal Fund will use a representative portfolio Similar to other previously-approved, identifying information from sampling strategy to attempt to track its submissions. You should submit only exchange-listed index fund shares, the Underlying Index. Although a information that you wish to make Commission believes that the proposed representative sampling strategy entails available publicly. All submissions Fund will provide investors with an some risk of tracking error, the Advisor should refer to File Number SR–NYSE– alternative to trading a range of will seek to minimize tracking error. It 2004–55 and should be submitted on or securities on an individual basis and is expected that the Fund will have a before November 5, 2004. will give investors the ability to trade a tracking error relative to the product representing an interest in a performance of its Underlying Index of IV. Commission’s Findings and Order portfolio of securities designed to reflect Granting Accelerated Approval of no more than 5%. substantially the Underlying Index. The The Advisers to the Fund may Proposed Rule Change estimated cost of individual shares in attempt to reduce tracking error by The Commission finds that the the Fund, approximately $50, should using a variety of investment proposed rule change is consistent with make them attractive to individual retail instruments, including futures the requirements of the Exchange Act investors who wish to hold a security contracts, repurchase agreements, and the rules and regulations representing the performance of a options, swaps and currency exchange thereunder, applicable to a national portfolio of stocks. In addition, investors contracts; however, these instruments securities exchange.33 In particular, the will be able to trade shares in the Fund will not constitute more than 10% of the Commission finds that the proposed continuously throughout the business Funds’ assets.41 The Exchange rule change is consistent with Section day in secondary market transactions at represents, however, that the Fund will 38 6(b)(5) of the Exchange Act 34 and will negotiated prices. Accordingly, the not use these instruments to leverage, or promote just and equitable principles of proposed Fund will allow investors to: borrow against, its securities holdings or trade, and facilitate transactions in (1) Respond quickly to market changes for speculative purposes. Also, the securities, and, in general, protect through intra-day trading opportunities; Exchange represents that the Fund will investors and the public interest.35 (2) engage in hedging strategies similar The Commission believes that the to those used by institutional investors; 39 The FTSE/Xinhua China 25 Index is a free NYSE’s proposal should advance the and (3) reduce transaction costs for float-adjusted market capitalization weighted index public interest by providing investors trading a portfolio of securities. that is designed to represent the performance of the with increased flexibility in satisfying largest companies in the mainland China equity The Commission believes that the market that are available to international investors. their investment needs and by allowing proposed Fund is reasonably designed As of August 31, 2004, its constituents had a total them to purchase and sell Fund shares to provide investors with an investment market capitalization of approximately $154 billion vehicle that substantially reflects in and a float-adjusted market capitalization of 33 In approving this proposal, the Commission has approximately $41 billion. considered its impact on efficiency, competition, 40 The Exchange states that, to the extent the and capital formation. 15 U.S.C. 78c(f). 36 The Commission notes that, as is the case with Fund invests in Depository Receipts, any ADRs will 34 15 U.S.C. 78f(b)(5) similar previously approved exchange traded funds, be listed on a national securities exchange or 35 Pursuant to Section 6(b)(5) of the Exchange Act, investors in the Fund can redeem shares in Nasdaq. Other Depository Receipts, e.g., GDRs, will the Commission must predicate approval of Creation-Unit-size aggregations only. See, e.g., be listed on a foreign exchange. The Fund will not exchange trading for new products upon a finding Exchange Act Release No. 43679 (December 5, invest in any unlisted depositary receipts or any that the introduction of the product is in the public 2000), 65 FR 77949 (December 13, 2000) (File No. listed depositary receipts that the Advisor deems to interest. Such a finding would be difficult with SR–NYSE–00–46); Exchange Act Release No. 50189 be illiquid or for which pricing information is not respect to a product that served no investment, (August 12, 2004); 69 FR 51723 (August 20, 2004) readily available. The Fund does not currently hedging or other economic function, because any (File No. SR-Amex-2004–05) intend to invest in ADRs and GDRs but has retained benefits that might be derived by market 37 15 U.S.C. 78s(b)(2). the flexibility to do so. Rather, the Fund currently participants would likely be outweighed by the 38 Because of the potential arbitrage intends to hold all of the securities in the Index that potential for manipulation, diminished public opportunities, the Commission believes that Fund are listed on the Hong Kong Stock Exchange. confidence in the integrity of the markets, and other shares will not trade at a material discount or 41 See discussion under Section II.A.1(a) valid regulatory concerns. premium in relation to their NAV. ‘‘Operation of Fund,’’ above.
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not concentrate its investments in any trading unregistered foreign securities foreign market of the Index constituents particular industry or group of on the Exchange. will be disseminated every 60 seconds industries, except to the extent that the While the Commission believes that throughout the foreign market trading Underlying Index concentrates in the these requirements should help to day, including, by subscription, directly stocks of a particular industry or reduce concerns that the Fund could from FTSE and from the following industries. As described above, the become a surrogate for trading in a vendors: Reuters, Bloomberg, Telekurs, Underlying Index is designed to single or a few unregistered stocks, if FTID and LSE/Proquote. An end of day represent the performance of the largest the Fund’s characteristics changed closing value for the Index, based on materially from the characteristics companies in the mainland China last sale reporting in the foreign market, described herein, the Fund would not equity market that are available to will be available throughout the NYSE be in compliance with the listing and trading day on http:// international investors and includes 25 trading standards approved herein, and of the largest and most heavily traded www.ftsexinhua.com, along with other the Commission would expect the NYSE Index information such as historical Chinese companies.42 FXI may adjust to file a proposed rule change pursuant values, composition and component the Underlying Index based on annual to Rule 19b–4 of the Exchange Act. weighting. The Commission believes full country indeed reviews, quarterly B. Disclosure that this information will help an index reviews, and ongoing event- investor to determine whether, and to 43 related changes. Changes to the The Exchange represents that it will what extent, iShares may be selling at a Underlying Index are made public via circulate an information circular premium or a discount to NAV. print and electronic media, and, in detailing applicable prospectus and The Exchange will also be particular, through press releases on the product description delivery disseminating a variety of data with FTSE Web site. requirements. The circular also will respect to the Fund on a daily basis by address NYSE members’ responsibility means of CTA and CQ High Speed The Commission believes that the to deliver a prospectus or product market capitalization and liquidity of Lines, which will be made available description to all investors and prior to the opening of trading on the the Component Securities is such that highlight the characteristics of the an adequate level of liquidity exists so Exchange. Information with respect to Funds. The circular will also remind recent NAV, shares outstanding, that the Fund shares should not be members of their suitability obligations, susceptible to manipulation.44 Also, the estimated cash amount and total cash including NYSE Rule 405 (Diligence as amount per Creation Unit Aggregation Commission does not believe that the 45 to Accounts). For example, the will be made available prior to the Fund will be so highly concentrated information circular will also inform opening of the Exchange. In addition, such that it becomes a surrogate for members and member organizations that the Web site for the Trust, Fund shares are not individually www.ishares.com, which will be 42 redeemable, but are redeemable only in The Commission notes that securities in the publicly accessible at no charge, will Underlying Index are weighted based on the free- Creation-Unit-size aggregations or contain the following information, on a float adjusted total market value of their shares, so multiples thereof as set forth in the that securities with higher total market values per iShare basis, for the Fund: (a) The Fund Prospectus and SAI.46 generally have a higher representation in the prior business day’s NAV and the mid- Underlying Index. Index constituents are screened C. Dissemination of Fund Information point of the bid-ask price 48 at the time for liquidity and weightings are capped to avoid over-concentration in any one stock. With respect to pricing, each day, the of calculation of such NAV (‘‘Bid/Ask 43 The Commission notes that although one NAV for the Fund will be calculated Price’’), and a calculation of the employee of an affiliate of the Advisor serves on the and disseminated by IBT, to various premium or discount of such price FTSE/Xinhua Index Committee and provides input against such NAV; and (b) data in chart to help ensure that the published index rules and sources, including the NYSE, and made the implementation of such rules adequately reflect available on iShares.com and the format displaying the frequency current developments in the underlying market, Consolidated Tape.47 distribution of discounts and premiums such employee is and will not be involved in the During each day the NYSE is open for of the Bid/Ask Price against the NAV, operations of the Advisor or the Fund or be business, the Exchange states that the within appropriate ranges, for each of involved in any capacity with the Fund’s Board of Trustees. Moreover, the index compilation IOPV of the Underlying Index will be the four previous calendar quarters. functions of FXI and the FTSE/Xinhua Index disseminated at regular intervals (every The closing prices of the Fund’s Committee are, and will remain, completely 15 seconds) on the Consolidated Tape. Deposit Securities are available from, as separate and independent of the portfolio The IOPV will be updated throughout applicable, the relevant exchanges, management functions of BGFA. FXI and the FTSE/ automated quotation systems, published Xinhua Index Committee have adopted policies that the NYSE trading day to reflect prohibit the dissemination and use of confidential fluctuations in exchange rates between or other public sources in the relevant and proprietary information about the Index and the U.S. dollar and the Hong Kong country, or on-line information services have instituted procedures designed to prevent the dollar. The underlying Index value such as Bloomberg or Reuters. The improper dissemination and use of such exchange rate information required to information. BGI and BGIL have adopted policies based on the sale reporting in the that limit the use of confidential and proprietary convert such information into U.S. information about portfolio management decisions 45 NYSE Rule 405 generally requires that dollars is also readily available in to those persons whose duties require and permit members use due diligence to learn the essential newspapers and other publications and them to have access to such information and have facts relative to every customer, order or account from a variety of on-line services. In instituted procedures designed to prevent the accepted. improper dissemination and use of such 46 See discussion under Section II.A.1(a) addition, the Commission notes that the information. ‘‘Operation of Fund,’’ above. The Exchange has iShares Web site is and will be publicly 44 The Exchange states that as of August 31, 2004, represented that the information circular will also accessible at no charge, and will contain the ten largest constituents represented discuss exemptive, no-action, and interpretive relief the Fund’s NAV as of the prior business approximately 60.8% of the index weight. The 5 ranted by the Commission from certain rules under highest weighted stocks, which represented 40.2% the Exchange Act. day, the Bid-Asked Price, and a of the index weight, had an average daily trading 47 The index currently uses the Reuters foreign volume in excess of 47.5 million shares during the exchange rate at the close of the index (4 p.m. Hong 48 The Bid-Ask Price of the Fund is determined past 2 months. All of the component stocks traded Kong Time) to compute final index values. The using the highest bid and lowest offer on the at least 250,00 shares in each of the previous 6 Fund intends to use Reuters/WM foreign exchange Exchange as of the time of calculation of the Fund’s months. rates at 4 p.m. London Time. NAV.
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calculation of the premium or discount to ensure that a minimum level of NYSE–2004–55), is hereby approved on of the Bid-Asked Price in relation to the liquidity will exist at the start of an accelerated basis.56 49 52 closing NAV. trading. For the Commission, by the Division of Based on the representations made in E. Surveillance Market Regulation, pursuant to delegated the NYSE proposal, the Commission authority.57 believes that pricing and other The Commission finds that NYSE has Margaret H. McFarland, important information about the Fund is adequate surveillance procedures to Deputy Secretary. adequate and consistent with the monitor the trading of the proposed [FR Doc. E4–2657 Filed 10–14–04; 8:45 am] Exchange Act. iShares, including concerns with specialists purchasing and redeeming BILLING CODE 8010–01–P D. Listing and Trading Creation Units. The NYSE represents The Commission finds that adequate that it will rely on existing surveillance SECURITIES AND EXCHANGE rules and procedures exist to govern the procedures governing ICUs currently COMMISSION listing and trading of the Fund’s shares. trading on the Exchange. The Exchange Fund shares will be deemed equity is also able to obtain information [Release No. 34–50509; File No. SR–OCC– securities subject to NYSE rules regarding trading in both the Fund 2004–10)] governing the trading of equity shares and the Component Securities by Self-Regulatory Organizations; The securities, including, among others, its members on any relevant market; in Options Clearing Corporation; Notice rules governing trading halts,50 addition, the Exchange may obtain of Filing and Order Granting responsibilities of the specialist, trading information via the Intermarket Accelerated Approval of a Proposed account opening and customer Surveillance Group (‘‘ISG’’) from other Rule Change To Establish an Internal suitability requirements,51 and the exchanges who are members or affiliates Cross-Margin Program election of stop and stop limit orders. of the ISG, including, by way of In addition, the Exchange states that example, the Hong Kong Stock October 8, 2004. iShares are subject to the criteria for Exchange. Pursuant to Section 19(b)(1) of the initial and continued listing of ICUs in F. Accelerated Approval Securities Exchange Act of 1934 Section 703.16 of the NYSE Manual. (‘‘Act’’) 1, notice is hereby given that on The Commission believes that the The Commission finds good cause, June 4, 2004, The Options Clearing listing and delisting criteria for Fund pursuant to Section 19(b)(2) of the Corporation (‘‘OCC’’) filed with the 53 shares should help to ensure that a Exchange Act, for approving the Securities and Exchange Commission minimum level of liquidity will exist in proposed rule change, as amended, (‘‘Commission’’) the proposed rule the Fund to allow for the maintenance prior to the thirtieth day after the date change described in Items I, II, and III of fair and orderly markets. of publication of notice in the Federal below, which items have been prepared Accordingly, the Commission believes Register. The Commission notes that the primarily by OCC. The Commission is that the rules governing the trading of proposal is consistent with the listing publishing this notice and order to Fund shares provide adequate and trading standards in NYSE Rule solicit comments from interested safeguards to prevent manipulative acts 703.16 (Investment Company Units), persons and to grant accelerated and practices and to protect investors and the Commission has previously approval of the proposal. and the public interest. approved similar products based on As noted above, the NYSE expects to foreign indices.54 The Commission does I. Self-Regulatory Organization’s require that a minimum of two Creation not believe that the proposed rule Statement of the Terms of Substance of Units (100,000 iShares) will be required change, as amended, raises novel the Proposed Rule Change to be outstanding at the start of trading. regulatory issues. Consequently, the OCC is seeking to amend its By-Laws The Commission believes that this Commission believes that it is and Rules as set forth below to create an minimum number is sufficient to help appropriate to permit investors to internal cross-margining program that benefit from the flexibility afforded by will permit a clearing member to 49 Additional Information available to investors trading these products as soon as establish a non-proprietary account for will include data for a period covering at least the possible. Accordingly, the Commission four previous calendar quarters (or the life of a market professionals in which securities Fund, if shorter) indicating how frequently the finds that there is good cause, consistent and security futures that are cleared by Fund’s shares traded at a premium or discount to with Section 6(b)(5) of the Exchange OCC in its capacity as a securities NAV based on the Bid-Asked Price and closing Act,55 to approve the proposal on an clearing agency may be cross-margined NAV, and the magnitude of such premiums and accelerated basis. discounts; the Fund’s Prospectus and two most with commodity futures and options on recent reports to shareholders; and other V. Conclusion such futures that are cleared by OCC in quantitative information such as daily trading its capacity as a derivatives clearing volume. It is therefore ordered, pursuant to organization (‘‘DCO’’) registered as such 50 In order to halt the trading of the Fund, the Section 19(b)(2) of the Exchange Act, under the Commodity Exchange Act Exchange may consider, among others, factors that the proposed rule change (SR– including: (1) The extent to which trading is not (the ‘‘CEA’’). occurring in stocks underlying the index; or (2) whether other unusual conditions or circumstances 52 This minimum number of shares required to be II. Self-Regulatory Organization’s detrimental to the maintenance of a fair and orderly outstanding at the start of trading is comparable to Statement of the Purpose of, and market are present. In addition, trading in Fund requirements that have been applied to previously Statutory Basis for, the Proposed Rule shares is subject to trading halts caused by listed series of Investment Company Units. Change extraordinary market volatility pursuant to NYSE 53 15 U.S.C. 78s(b)(2). Rule 80B. 54 See supra note 36. See also, e.g., Securities In its filing with the Commission, 51 Prior to commencement of trading, the Exchange Act Release Nos. 44990 (October 25, OCC included statements concerning Exchange states that it will issue an Information 2001), 66 FR 56869 (November 13, 2001) (File No. the purpose of and basis for the Circular informing members and member SR-Amex-2001–45); 42748 (May 2, 2000), 65 FR organizations of the characteristics of the Fund and 30155 (May 10, 2000); and 36947 (March 8, 1996), of applicable Exchange rules, as well as the 61 FR 10606 (March 14, 1996) (File No. SR-Amex- 56 15 U.S.C. 78s(b)(2). requirements of NYSE Rule 405 (Diligence as to 95–43). 57 17 CFR 200.30–3(a)(12). Accounts). 55 15 U.S.C. 78s(b)(5). 1 15 U.S.C. 78s(b)(1).
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proposed rule change and discussed any the internal non-proprietary cross- The following are particular points of comments it received on the proposed margining account would be treated as interest about OCC’s internal cross- rule change. The text of these statements a segregated futures account under margining program. may be examined at the places specified Section 6d of the CEA and, in (1) Amended Definition in Item IV below. OCC has prepared accordance with Appendix B to Part 190 summaries, set forth in sections (A), (B), of the CFTC’s regulations, would be The existing definition of ‘‘Market and (C) below, of the most significant separately segregated from the regular Professional’’ in Article I of OCC’s By- aspects of these statements.2 segregated futures account that an OCC Laws is amended to substitute a clearing member may maintain under reference to OCC in place of the (A) Self-Regulatory Organization’s reference to the Intermarket Clearing Statement of the Purpose of, and Article VI, Section 3(f) of OCC’s By- Laws. That futures account is confined Corporation, which has been merged Statutory Basis for, the Proposed Rule into OCC. Change to customer transactions in futures, futures options, and security futures (to (2) Absence of Cross-Margining The purpose of this filing is to make the extent that such security futures are Agreement cross-margining available to non- carried in futures accounts by the All established external cross- proprietary market professionals where clearing member’s customers) and may margining programs involving OCC the positions to be cross-margined are not include positions in security have a cross-margining agreement as the all maintained with OCC. This program options. is similar to cross-margining programs constitutive and governing document. currently in effect between OCC and the OCC is seeking approval of internal The parties to these cross-margining Chicago Mercantile Exchange and other cross-margining only in relation to agreements are the clearing commodities clearing organizations accounts of non-proprietary market organizations that clear the trades in the with one major difference. The positions professionals. A market professional is, cross-margining accounts of a joint to be cross-margined under this in essence, a market-maker, specialist or clearing member or a pair of affiliated proposal are all cleared by OCC. There person acting in a similar capacity on a clearing members. Internal cross- is no second clearing organization. For securities exchange, or a member of a margining, however, does not require a this reason the program is called futures exchange trading for its own cross-margining agreement because the ‘‘internal’’ cross-margining. Internal account. A non-proprietary market only participating clearing organization cross-margining is possible because professional is any market professional is OCC. OCC, in its capacity as a DCO, can now that is required to be treated as a ‘‘customer’’ under the CEA and (3) Requirement of Market Professional’s clear futures and futures options subject Agreement to the exclusive jurisdiction of the therefore excludes any market Commodity Futures Trading professional that is affiliated with the The terms governing the cross- Commission (‘‘CFTC’’). carrying clearing member in a way that margining arrangements between OCC In the existing ‘‘external’’ cross- would cause its account to be treated as and each participating clearing member margining programs, OCC contracts a ‘‘proprietary account’’ under Section are set forth in OCC’s By-Laws and with a DCO, such as the Chicago 1.3(y) of the CFTC’s regulations. Rules. The rights and obligations of a Mercantile Exchange, to permit a In the absence of an internal cross- non-proprietary market professional that clearing member of OCC that is (or has margining program, clearing members wants the benefits of internal cross- ` an affiliate that is) a clearing member of would be unable to carry futures margining vis-a-vis the clearing member the DCO to margin as a single portfolio positions of non-proprietary market through which it clears are not covered its positions in security options cleared professionals in the same account as in the By-Laws and Rules and so must be made the subject of a separate by OCC and its (or its affiliate’s) their positions in security options agreement. The execution of such an positions in related commodity futures because of the segregation requirements agreement, the ‘‘Market Professional’s and commodity options thereon cleared applicable to the former under the Agreement for Internal Cross- by the DCO. Margin is assessed based on Commodity Exchange Act. Margining,’’ is a requirement for the the net risk of the portfolio, and to the Since it granted approval of the first market professional’s participation in extent that the contracts in the account cross-margining program in 1988, the the program.5 are offsetting from a risk perspective, Commission has repeatedly found that the clearing member’s margin cross-margining programs are consistent (4) Amendments to Chapter XI of the requirement is less than it would be if with clearing agency responsibilities Rules the commodity positions were carried in under Section 17A of the Act and highly Amendments to Rules 1104 through accounts separate from the security beneficial to the clearing organization, 1107 of Chapter XI of OCC’s Rules, positions. its clearing members, and the public.3 which governs the suspension of a Internal cross-margining functions in Cross-margining programs enhance clearing member, all relate to the the same way except that the internal clearing member and systemic liquidity liquidation of a suspended clearing cross-margining account would contain which results in lower initial margin member that participates in the internal only positions in contracts cleared by deposits. They reduce the risk that a cross-margining program. Similar to the OCC. This greatly simplifies the clearing member will become insolvent separate rules that govern the arrangement in that it eliminates the in a distressed market and the liquidation of the segregated futures need for contractual relationships corresponding risk that one insolvency account, additional separate rules were between two clearing organizations, the could lead to multiple insolvencies in a created to govern the liquidation of the holding of collateral for their joint ripple effect. They enhance the security internal non-proprietary cross- benefit and loss sharing arrangements. of the clearing system.4 margining account. They are both As in the case of existing non- segregated accounts under the proprietary cross-margining programs, 3 Securities Exchange Act Release No. 26153 (Oct. 3, 1988), 53 FR 39567 [SR–OCC–86–17]. 5 A copy of the form Market Professional’s 2 The Commission has modified the text of the 4 Securities Exchange Act Release No. 32708 Agreement for Internal Cross-Margining is attached summaries prepared by OCC. (Aug. 2, 1993), 58 FR 42586 [SR–OCC–93–13]. as part of the OCC filing.
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Commodity Exchange Act, and the benefits of cross-margining options on For the Commission by the Division of positions and other assets of each variability indexes with commodity Market Regulation, pursuant to delegated 7 account may not be commingled with futures on variability indexes. authority. those not in that account or be used to Margaret H. McFarland, IV. Solicitation of Comments satisfy obligations other than those Deputy Secretary. arising from activity in that account. Interested persons are invited to [FR Doc. E4–2656 Filed 10–14–04; 8:45 am] Thus, in each place where special submit written data, views, and BILLING CODE 8010–01–P provision in OCC’s Rules is made for the arguments concerning the foregoing, segregated futures account, a parallel including whether the proposed rule provision for the internal non- change is consistent with the Act. SMALL BUSINESS ADMINISTRATION proprietary cross-margining account has Comments may be submitted by any of [Declaration of Disaster #3624] been inserted with a parallel purpose the following methods: and effect. Electronic Comments State of Alabama; Amendment #2 (5) Regulatory Approvals In accordance with notices received • Use the Commission’s Internet In addition to the approval of the from the Department of Homeland comment form (http://www.sec.gov/ Commission, OCC must also obtain the Security—Federal Emergency rules/sro.shtml) or approval of the CFTC to the Management Agency—effective • commingling of positions of non- Send an e-mail to rule- September 30 and October 4, 2004, the proprietary market professionals in [email protected]. Please include File above numbered declaration is hereby futures products with their security Number SR–OCC–2004–10 on the amended to establish the incident options positions. OCC is concurrently subject line. period as beginning September 13, 2004 applying to the CFTC for such approval. Paper Comments and continuing through September 30, 2004. The declaration is also amended (B) Self-Regulatory Organization’s • Send paper comments in triplicate to include Chambers, Colbert, DeKalb, Statement on Burden on Competition to Jonathan G. Katz, Secretary, Henry, Houston, Jackson, Lauderdale, OCC does not believe that the Securities and Exchange Commission, Limestone, Madison, Morgan, proposed rule change will impose any 450 Fifth Street, NW., Washington, DC Randolph, and Russell as disaster areas burden on competition. 20549–0609. due to damages caused by Hurricane All submissions should refer to File Ivan. (C) Self-Regulatory Organization’s In addition, applications for economic Statement on Comments on the Number SR–OCC–2004–10. This file number should be included on the injury loans from small businesses Proposed Rule Change Received From located in the contiguous counties of Members, Participants or Others subject line if e-mail is used. To help the Commission process and review your Carroll, Chatahoochie, Chattooga, Dade, Written comments were not and are Early, Heard, Seminole, Troup, and comments more efficiently, please use not intended to be solicited with respect Walker in the State of Georgia; and only one method. The Commission will to the proposed rule change, and none Franklin, Hardin, Giles, Lawrence, post all comments on the Commission’s have been received. Lincoln, Marion, and Wayne Counties Internet Web site (http://www.sec.gov/ in the State of Tennessee may be filed III. Date of Effectiveness of the rules/sro.shtml). Copies of the until the specified date at the previously Proposed Rule Change and Timing for submission, all subsequent designated location. All other counties Commission Action amendments, all written statements contiguous to the above named primary with respect to the proposed rule The Commission finds that the counties have previously been declared. change that are filed with the proposed rule change is consistent with In addition, Autauga, Baldwin, Bibb, the requirements of the Act and the Commission, and all written Butler, Chilton, Choctaw, Clarke, Coffee, rules and regulations thereunder and communications relating to the Conecuh, Coosa, Covington, Crenshaw, particularly with the requirements of proposed rule change between the Dallas, Elmore, Escambia, Geneva, Section 17A(b)(3)(F) 6 of the Act, which Commission and any person, other than Greene, Hale, Jefferson, Lowndes, requires that the rules of a clearing those that may be withheld from the Marengo, Mobile, Monroe, Montgomery, agency be designed to provide for the public in accordance with the Perry, Pickens, Shelby, Sumter, safeguarding of securities and funds provisions of 5 U.S.C. 552, will be Talladega, Tuscaloosa, Washington, and which are in its possession or control or available for inspection and copying in Wilcox Counties in the State of Alabama for which it is responsible. By the Commission’s Public Reference are also eligible under Public Assistance establishing an internal cross-margin Section, 450 Fifth Street, NW., and our disaster loan program is program, OCC will provide its members Washington, DC 20549. Copies of such available for private non-profit with the benefits of cross-margining, filing also will be available for organizations that provide essential including greater liquidity and more inspection and copying at the principal services of a governmental nature in efficient use of collateral, in a manner office of OCC and on OCC’s Web site at those counties. that is consistent with OCC’s overall http://www.optionsclearing.com. All The economic injury disaster number risk management process. comments received will be posted assigned to Tennessee is 9AE400 and The Commission finds good cause for without change; the Commission does the Public Assistance number assigned approving the proposed rule change not edit personal identifying to Alabama is P06208. prior to the thirtieth day after the date information from submissions. You All other information remains the of publication of notice of filing because should submit only information that same, i.e., the deadline for filing such approval will allow OCC to you wish to make available publicly. All applications for physical damage is implement the proposed rule change so submissions should refer to File November 15, 2004 and for economic that its members immediately have the Number SR–OCC–2004–10 and should injury the deadline is June 15, 2005. be submitted on or before November 5, 6 15 U.S.C. 78q–1(b)(3)(F). 2004. 7 17 CFR 200.30–3(a)(12).
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(Catalog of Federal Domestic Assistance DEPARTMENT OF STATE DEPARTMENT OF STATE Program Nos. 59002 and 59008). [Public Notice 4851] Dated: October 6, 2004. [Public Notice 4861] Herbert L. Mitchell, Determination Pursuant to Section 1(b) Associate Administrator for Disaster Unclassified; National Interest of Executive Order 13224 Relating to Assistance. Determination and Waiver of Section the Designation of Jam’at al Tawhid [FR Doc. 04–23139 Filed 10–14–04; 8:45 am] 620(q) of the Foreign Assistance Act of wa’al-Jihad, Also Known as the 1961, as Amended, Relating to BILLING CODE 8025–01–P Monotheism and Jihad Group, Also Assistance to Ethiopia Known as the al-Zarqawi Network, Also Known as al-Tawhid SMALL BUSINESS ADMINISTRATION Pursuant to the authority vested in me, inter alia, by section 620(q) of the Acting under the authority of section Foreign Assistance Act of 1961, as 1(b) of Executive Order 13224 of [Declaration of Disaster #3634] amended, (FAA) (22 U.S.C. 2370) and September 23, 2001, as amended by Executive Order 12163, I hereby Executive Order 13286 of July 2, 2002, Commonwealth of Puerto Rico; determine that assistance to Ethiopia is and Executive Order 13284 of January Amendment #2 in the national interest of the United 23, 2003, and in consultation with the States and waive, with respect to that Secretary of the Treasury, the Attorney In accordance with a notice received country, the application of section General, and the Secretary of Homeland from the Department of Homeland 620(q) of the FAA. Security, I hereby determine that the Security—Federal Emergency This determination shall be reported organization known as Jam’at al Tawhid Management Agency—effective wa’al-Jihad, also known as the September 29, 2004, the above to Congress and published in the Federal Register. Monotheism and Jihad Group, also numbered declaration is hereby known as the al-Zarqawi Network, also amended to include the Municipality of Dated: September 29, 2004. known as al-Tawhid, has committed, or Fajardo as a disaster area due to Colin L. Powell, poses a significant risk of committing, damages caused by Tropical Storm Secretary of State, Department of State. acts of terrorism that threaten the Jeanne. All other municipalities [FR Doc. 04–23172 Filed 10–14–04; 8:45 am] security of U.S. nationals or the national contiguous to the above named primary BILLING CODE 4710–26–P security, foreign policy, or economy of municipality have previously been the United States. declared. Consistent with the determination in section 10 of Executive Order 13224 that In addition, Adjuntas, Aguada, DEPARTMENT OF STATE ‘‘prior notice to persons determined to Aguadilla, Aguas Buenas, Aibonito, be subject to the Order who might have Arecibo, Arroyo, Barceloneta, Caguas, [Public Notice 4850] a constitutional presence in the United Camuy, Cayey, Cidra, Comerio, Corozal, In the Matter of the Designation of States would render ineffectural the Culebra, Guaynabo, Hatillo, blocking and other measures authorized Hormigueros, Humacao, Jayuya, Las Jam’at al Tawhid wa’al-Jihad, Also Known as the Monotheism and Jihad in the Order because of the ability to Marias, Las Piedras, Luquillo, Manati, Group, Also Known as the al-Zarqawi transfer funds instantaneously,’’ I Maricao, Maunabo, Morovis, Naguabo, Network, Also Known as al-Tawhid, as determine that no prior notice need be Orocovis, Patillas, Quebradillas, Rincon, a Foreign Terrorist Organization provided to any person subject to this Santa Isabel, Trujillo Alto Pursuant to Section 219 of the determination who might have a Municipalities, Utuado, Vieques, Immigration and Nationality Act constitutional presence in the United Villalba, and Yabucoa Municipalities in States because to do so would render the Commonwealth of Puerto Rico are Based upon a review of the ineffectual the measures authorized in also eligible under Public Assistance Administrative Record assembled in the Order. and our disaster loan program is this matter, and in consultation with the This notice shall be published in the available for private non-profit Attorney General and the Secretary of Federal Register. organizations that provide essential the Treasury, the Secretary of State has Dated: September 27, 2004. services of a governmental nature in concluded that there is a sufficient Colin L. Powell, those municipalities. factual basis to find that the relevant Secretary of State, Department of State. The Public Assistance number circumstances described in section 219 [FR Doc. 04–23174 Filed 10–14–04; 5:00 pm] assigned to Puerto Rico is P06308. of the Immigration and Nationality Act, as amended (8 U.S.C. 1189, hereinafter BILLING CODE 4710–10–P All other information remains the ‘‘INA’’), exist with respect to Jam’at al same, i.e., the deadline for filing Tawhid wa’al-Jihad. applications for physical damage is DEPARTMENT OF TRANSPORTATION Therefore, effective October 15, 2004, November 22, 2004 and for economic the Secretary of State hereby designates injury the deadline is June 21, 2005. Federal Motor Carrier Safety that organization as a foreign terrorist Administration (Catalog of Federal Domestic Assistance organization pursuant to section 219(1) Program Nos. 59002 and 59008.) of the INA. [FMCSA Docket No. FMCSA–2004–17984] Dated: October 6, 2004. Dated: October 8, 2004. Qualification of Drivers; Exemption Herbert L. Mitchell, Ambassador Cofer Black, Applications; Vision Associate Administrator for Disaster Coordinator for Counterterrorism, AGENCY: Federal Motor Carrier Safety Assistance. Department of State. Administration (FMCSA), DOT. [FR Doc. 04–23140 Filed 10–14–04; 8:45 am] [FR Doc. 04–23173 Filed 10–14–04; 5:00 pm] ACTION: Notice of final disposition. BILLING CODE 8025–01–P BILLING CODE 4710–10–P
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SUMMARY: The FMCSA announces its 2004. Two comments were received, doctors’ opinions are supported by the decision to exempt 30 individuals from and their contents were carefully applicants’ possession of valid the vision requirement in the Federal considered by the FMCSA in reaching commercial driver’s licenses (CDLs) or Motor Carrier Safety Regulations the final decision to grant the non-CDLs to operate CMVs. Before (FMCSRs). The exemptions will enable exemptions. issuing CDLs, States subject drivers to knowledge and performance tests these individuals to qualify as drivers of Vision and Driving Experience of the designed to evaluate their qualifications commercial motor vehicles (CMVs) in Applicants interstate commerce without meeting to operate a CMV. All of these the vision standard prescribed in 49 The vision requirement in the applicants satisfied the testing standards CFR 391.41(b)(10). FMCSRs provides: for their State of residence. By meeting A person is physically qualified to DATES: October 15, 2004. State licensing requirements, the drive a CMV if that person has distant FOR FURTHER INFORMATION CONTACT: applicants demonstrated their ability to visual acuity of at least 20/40 (Snellen) operate a CMV, with their limited Maggi Gunnels, Office of Bus and Truck in each eye without corrective lenses or Standards and Operations, (202) 366– vision, to the satisfaction of the State. visual acuity separately corrected to 20/ While possessing a valid CDL or non- 2987, FMCSA, Department of 40 (Snellen) or better with corrective CDL, these 30 drivers have been Transportation, 400 Seventh Street, lenses, distant binocular acuity of at authorized to drive a CMV in intrastate SW., Washington, DC 20590–0001. least 20/40 (Snellen) in both eyes with commerce, even though their vision Office hours are from 8 a.m. to 5 p.m., or without corrective lenses, field of disqualifies them from driving in e.t., Monday through Friday, except vision of at least 70° in the horizontal interstate commerce. They have driven Federal holidays. meridian in each eye, and the ability to CMVs with their limited vision for SUPPLEMENTARY INFORMATION: recognize the colors of traffic signals careers ranging from 3 to 52 years. In the and devices showing standard red, Electronic Access past 3 years, five of the drivers have had green, and amber (49 CFR convictions for traffic violations. Five of You may see all the comments online 391.41(b)(10)). these convictions were for speeding and through the Document Management Since 1992, the agency has one was for ‘‘traffic turn/signal System (DMS) at: http://dmses.dot.gov. undertaken studies to determine if this violation.’’ One of the drivers was vision standard should be amended. Background involved in a crash but did not receive The final report from our medical panel a citation. On June 17, 2004, the FMCSA recommends changing the field of The qualifications, experience, and published a notice of receipt of vision standard from 70° to 120°, while medical condition of each applicant exemption applications from 30 leaving the visual acuity standard were stated and discussed in detail in individuals, and requested comments unchanged. (See Frank C. Berson, M.D., the June 17, 2004, notice (69 FR 33997). from the public (69 FR 33997). The 30 Mark C. Kuperwaser, M.D., Lloyd Paul Since there were no substantial docket individuals petitioned the FMCSA for Aiello, M.D., and James W. Rosenberg, comments on the specific merits or exemptions from the vision requirement M.D., Visual Requirements and qualifications of any applicant, we have in 49 CFR 391.41(b)(10), which applies Commercial Drivers, October 16, 1998, not repeated the individual profiles to drivers of CMVs in interstate filed in the docket, FHWA–98–4334.) here. Our summary analysis of the commerce. They are: Robert L. Aurandt, The panel’s conclusion supports the applicants is supported by the Harry R. Brewer, Wilford F. Christian, agency’s view that the present visual information published on June 17, 2004 Timothy A. DeFrange, Terry G. Dickson, acuity standard is reasonable and (69 FR 33997). Sr., Clarence N. Florey, Jr., Bobby C. necessary as a general standard to Floyd, Steve H. Garrison, Ronald A. ensure highway safety. The FMCSA also Basis for Exemption Determination Gentry, Scott D. Goalder, Raymond P. recognizes that some drivers do not Under 49 U.S.C. 31315 and 31136(e), Gonzales, David M. Hagadorn, Donald meet the vision standard, but have the FMCSA may grant an exemption R. Hiltz, James L. Hooks, Francisco J. adapted their driving to accommodate from the vision standard in 49 CFR Jimenez, Kelly R. Konesky, Gregory T. their vision limitation and demonstrated 391.41(b)(10), if the exemption is likely Lingard, Hollis J. Martin, Truman J. their ability to drive safely. to achieve an equivalent or greater level Mathis, Robert E. Moore, Kevin C. The 30 applicants fall into this of safety than would be achieved Palmer, Charles O. Rhodes, Einar H. category. They are unable to meet the without the exemption. Without the Rice, Gordon G. Roth, Manuel Sanchez, vision standard in one eye for various exemption, applicants are able to drive Chris H. Schultz, Halman Smith, reasons, including amblyopia, macular only in intrastate commerce. With the Norman K. Stepleton, LaLanne Taylor, and retinal scars, and loss of an eye due exemption, applicants could also drive and James A. Walker. to trauma. In most cases, their eye in interstate commerce. Thus, our Under 49 U.S.C. 31315 and 31136(e), conditions were not recently developed. analysis focuses on whether allowing the FMCSA may grant an exemption for All but eight of the applicants were these drivers to drive in interstate a 2-year period if it finds ‘‘such either born with their vision commerce will achieve an equal or exemption would likely achieve a level impairments or have had them since greater level of safety as exists under of safety that is equivalent to, or greater childhood. The eight individuals who current conditions. than, the level that would be achieved sustained their vision conditions as To evaluate the effect of these absent such exemption.’’ The statute adults have had them for periods exemptions on safety, the FMCSA also allows the agency to renew ranging from 8 to 37 years. considered not only the medical reports exemptions at the end of the 2-year Although each applicant has one eye about the applicants’ vision, but also period. Accordingly, the FMCSA has which does not meet the vision standard their driving records and experience evaluated the 30 applications on their in 49 CFR 391.41(b)(10), each has at with the vision deficiency. To qualify merits and made a determination to least 20/40 corrected vision in the other for an exemption from the vision grant exemptions from the vision eye, and in a doctor’s opinion has standard, the FMCSA requires a person requirements to all of them. The sufficient vision to perform all the tasks to present verifiable evidence that he or comment period closed on July 19, necessary to operate a CMV. The she has driven a commercial vehicle
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safely with the vision deficiency for 3 we note that the applicants have had examiner who attests that the individual years. Recent driving performance is only one crash and six traffic violations is otherwise physically qualified under especially important in evaluating in the last 3 years. The applicants 49 CFR 391.41; (2) that each individual future safety, according to several achieved this record of safety while provide a copy of the ophthalmologist’s research studies designed to correlate driving with their vision impairment, or optometrist’s report to the medical past and future driving performance. demonstrating the likelihood that they examiner at the time of the annual Results of these studies support the have adapted their driving skills to medical examination; and (3) that each principle that the best predictor of accommodate their condition. As the individual provide a copy of the annual future performance by a driver is his or applicants’ ample driving histories with medical certification to the employer for her past record of crashes and traffic their vision deficiencies are good retention in the driver’s qualification violations. Copies of the studies may be predictors of future performance, the file, or keep a copy in his or her driver’s found at docket number FMCSA–98– FMCSA concludes their ability to drive qualification file if he or she is self- 3637. safely can be projected into the future. employed. The driver must also have a We believe we can properly apply the We believe the applicants’ intrastate copy of the certification when driving, principle to monocular drivers, because driving experience and history provide for presentation to a duly authorized data from a former FMCSA waiver study an adequate basis for predicting their Federal, State, or local enforcement program clearly demonstrates that the ability to drive safely in interstate official. driving performance of experienced commerce. Intrastate driving, like monocular drivers in the program is interstate operations, involves Discussion of Comments better than that of all CMV drivers substantial driving on highways on the The FMCSA received two comments collectively. (See 61 FR 13338, 13345, interstate system and on other roads in this proceeding. The comments were March 26, 1996.) The fact that built to interstate standards. Moreover, considered and are discussed below. experienced monocular drivers with driving in congested urban areas An anonymous responder believes the good driving records in the waiver exposes the driver to more pedestrian qualifications presented for each program demonstrated their ability to and vehicular traffic than exists on applicant should include: (1) A drive safely supports a conclusion that interstate highways. Faster reaction to standardized statement from an other monocular drivers, meeting the traffic and traffic signals is generally ophthalmologist, including peripheral same qualifying conditions as those required because distances between vision and any other measurement of required by the waiver program, are also them are more compact. These ability to see, guaranteeing there is likely to have adapted to their vision conditions tax visual capacity and absolutely no danger to any other driver; deficiency and will continue to operate driver response just as intensely as and (2) observations of driving behavior safely. interstate driving conditions. The reported to the DOT by other drivers. The first major research correlating veteran drivers in this proceeding have Although this comment was introduced past and future performance was done operated CMVs safely under those into the docket without attribution and, in England by Greenwood and Yule in conditions for at least 3 years, most for thus, would not ordinarily receive 1920. Subsequent studies, building on much longer. Their experience and consideration, we will address the that model, concluded that crash rates driving records lead us to believe that issues raised because they relate to for the same individual exposed to each applicant is capable of operating in matters of general applicability to the certain risks for two different time interstate commerce as safely as he or vision waiver process and are not periods vary only slightly. (See Bates she has been performing in intrastate specific to this comment. In regard to and Neyman, University of California commerce. Consequently, the FMCSA the first issue presented, the FMCSA Publications in Statistics, April 1952.) finds that exempting these applicants does not rely solely on the vision Other studies demonstrated theories of from the vision standard in 49 CFR examination and the eye specialist’s predicting crash proneness from crash 391.41(b)(10) is likely to achieve a level statement to determine whether a driver history coupled with other factors. of safety equal to that existing without should be exempted. In the agency’s These factors—such as age, sex, the exemption. For this reason, the overall determination of whether geographic location, mileage driven and agency is granting the exemptions for exempting an applicant from the vision conviction history—are used every day the 2-year period allowed by 49 U.S.C. standard is likely to achieve a level of by insurance companies and motor 31315 and 31136(e) to the 30 applicants safety equal to that existing without the vehicle bureaus to predict the listed in the notice of June 17, 2004 (69 exemption, as required by statute, the probability of an individual FR 33997). medical information it receives is experiencing future crashes. (See Weber, We recognize that the vision of an combined with information on the Donald C., ‘‘Accident Rate Potential: An applicant may change and affect his or experience and driving record of the Application of Multiple Regression her ability to operate a commercial applicant. The opinions of the vision Analysis of a Poisson Process,’’ Journal vehicle as safely as in the past. As a specialists on whether a driver has of American Statistical Association, condition of the exemption, therefore, sufficient vision to perform the tasks June 1971.) A 1964 California Driver the FMCSA will impose requirements associated with operating a CMV are Record Study prepared by the California on the 30 individuals consistent with made only after a thorough vision Department of Motor Vehicles the grandfathering provisions applied to examination, including formal field of concluded that the best overall crash drivers who participated in the agency’s vision testing to identify any medical predictor for both concurrent and vision waiver program. condition which may compromise the nonconcurrent events is the number of Those requirements are found at 49 visual field, such as glaucoma, stroke or single convictions. This study used 3 CFR 391.64(b) and include the brain tumor. The FMCSA believes it can consecutive years of data, comparing the following: (1) That each individual be rely on medical opinions regarding experiences of drivers in the first 2 years physically examined every year (a) by whether a driver’s visual capacity is with their experiences in the final year. an ophthalmologist or optometrist who sufficient to enable safe operations. In Applying principles from these attests that the vision in the better eye regard to the second requirement studies to the past 3-year record of the continues to meet the standard in 49 suggested by the responder, the FMCSA 30 applicants receiving an exemption, CFR 391.41(b)(10), and (b) by a medical believes using official driving records
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from the States and providing the public If the exemption is still effective at the DEPARTMENT OF THE TREASURY an opportunity to comment on each end of the 2-year period, the person may applicant’s qualifications allows the apply to the FMCSA for a renewal under Office of International Affairs; Treasury public to have input while avoiding the procedures in effect at that time. International Capital (TIC) Form D: Report of Holdings of, and use of unproven allegations. Issued on: October 12, 2004. Advocates for Highway and Auto Transactions in, Financial Derivatives Safety (Advocates) expresses continued Rose A. McMurray, Contracts With Foreign Residents opposition to the FMCSA’s policy to Associate Administrator, Policy and Program grant exemptions from the FMCSRs, Development. AGENCY: Departmental Offices, including the driver qualification [FR Doc. 04–23162 Filed 10–14–04; 8:45 am] Department of the Treasury. standards. Specifically, Advocates: (1) BILLING CODE 4910–EX–P ACTION: Notice of reporting Objects to the manner in which the requirements. FMCSA presents driver information to SUMMARY: By this Notice, the the public and makes safety DEPARTMENT OF TRANSPORTATION Department of the Treasury is informing determinations; (2) objects to the Surface Transportation Board the public that it is conducting a agency’s reliance on conclusions drawn mandatory quarterly collection of from the vision waiver program; (3) claims the agency has misinterpreted [STB Finance Docket No. 34553] information on holdings and statutory language on the granting of transactions in financial derivatives Idaho & Sedalia Transportation exemptions (49 U.S.C. §§ 31315 and contracts undertaken between foreign Company, LLC—Lease Exemption— 31136(e)); and finally (4) suggests that a resident counterparties and major U.S.- Idaho Northern & Pacific Railroad 1999 Supreme Court decision affects the resident participants in derivatives Company legal validity of vision exemptions. The markets. This Notice constitutes legal issues raised by Advocates were notification to all United States persons Idaho & Sedalia Transportation addressed at length in 64 FR 51568 who are in the reporting panel set forth Company, LLC (I&S), a noncarrier, has (September 23, 1999), 64 FR 66962 in this Notice that they must respond to filed a verified notice of exemption (November 30, 1999), 64 FR 69586 this collection of information. Copies of (December 13, 1999), 65 FR 159 (January under 49 CFR 1150.31 to lease from the Form D report and instructions may 3, 2000), 65 FR 57230 (September 21, Idaho Northern & Pacific Railroad be printed from the Internet at: http:// 2000), and 66 FR 13825 (March 7, 2001). Company (INPR) and operate 5 miles of www.treas.gov/tic/forms.html. We will not address these points again rail line between milepost 94.68, near Who Must Report: The reporting panel here, but refer interested parties to those Cascade, and milepost 99.68, at consists of all U.S.-resident participants earlier discussions. Cascade, ID. in derivatives markets, where each I&S certifies that its projected reporter holds derivatives having a total Conclusion revenues as a result of this transaction notional value in excess of $100 billion, After considering the comments to the will not result in I&S becoming a Class measured on a consolidated-worldwide docket and based upon its evaluation of II or Class I rail carrier, and further accounting basis, at the end of the the 30 exemption applications, the certifies that its projected revenues will calendar quarter being reported. The FMCSA exempts Robert L. Aurandt, not exceed $5 million. The transaction worldwide total includes all derivatives Harry R. Brewer, Wilford F. Christian, was scheduled to be consummated on or contracts with both U.S. and foreign Timothy A. DeFrange, Terry G. Dickson, shortly after September 22, 2004. residents, and all contracts in the Sr., Clarence N. Florey, Jr., Bobby C. accounts of both the reporter and the If the verified notice contains false or Floyd, Steve H. Garrison, Ronald A. reporter’s customers. misleading information, the exemption Gentry, Scott D. Goalder, Raymond P. What to Report: This report will is void ab initio. Petitions to revoke the Gonzales, David M. Hagadorn, Donald collect information on all over-the- exemption under 49 U.S.C. 10502(d) R. Hiltz, James L. Hooks, Francisco J. counter (OTC) and exchange-traded Jimenez, Kelly R. Konesky, Gregory T. may be filed at any time. The filing of derivatives contracts with foreign Lingard, Hollis J. Martin, Truman J. a petition to revoke does not residents that meet the definition of a Mathis, Robert E. Moore, Kevin C. automatically stay the transaction. derivatives contract in FASB Statement Palmer, Charles O. Rhodes, Einar H. An original and 10 copies of all No. 133, as amended. Rice, Gordon G. Roth, Manuel Sanchez, pleadings, referring to STB Finance How to Report: Copies of Form D Chris H. Schultz, Halman Smith, Docket No. 34553, must be filed with report and instructions, which contain Norman K. Stepleton, LaLanne Taylor, the Surface Transportation Board, 1925 complete information on reporting and James A. Walker from the vision K Street, NW., Washington, DC 20423– procedures and definitions, may be requirement in 49 CFR § 391.41(b)(10), 0001. In addition, a copy of each obtained at the Web site address given subject to the requirements cited above pleading must be served on Karl Morell, above in the SUMMARY, or by contacting (49 CFR 391.64(b)). Ball Janik LLP, Suite 225, 1455 F Street, the survey staff of the Federal Reserve In accordance with 49 U.S.C. 31315 NW., Washington, DC 20005. Bank of New York at (212) 720–6300. and 31136(e), each exemption will be Board decisions and notices are The mailing address is: Federal Reserve valid for 2 years unless revoked earlier available on its Web site at http:// Bank of New York, Statistics Function, by the FMCSA. The exemption will be www.stb.dot.gov. 4th Floor, 33 Liberty Street, New York, revoked if: (1) The person fails to NY 10045–0001. Inquiries also may be comply with the terms and conditions Decided: October 7, 2004. made to Dwight Wolkow at (202) 622– of the exemption; (2) the exemption has By the Board, David M. Konschnik, 1276, e-mail: resulted in a lower level of safety than Director, Office of Proceedings. [email protected]. was maintained before it was granted; or Vernon A. Williams, When to Report: Data must be (3) continuation of the exemption would Secretary. submitted to the Federal Reserve Bank not be consistent with the goals and [FR Doc. 04–23050 Filed 10–14–04; 8:45 am] of New York, acting as fiscal agent for objectives of 49 U.S.C. 31315 and 31136. BILLING CODE 4915–01–P the Department of the Treasury, no later
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than 60 calendar days after the end of DEPARTMENT OF THE TREASURY Paperwork Reduction Act Notice: This the calendar quarter being reported. In data collection has been approved by order to reduce the initial reporting Office of International Affairs the Office of Management and Budget burden in 2005 associated with (OMB) in accordance with the Survey of U.S. Ownership of Foreign Paperwork Reduction Act and assigned implementing this information Securities as of December 31, 2004 collection, these mandatory reporting control number 1505–0146. An agency requirements will be phased in over a AGENCY: Departmental Offices, may not conduct or sponsor, and a period of three quarters. In the first Department of the Treasury. person is not required to respond to, a phase, reporting will begin for all fair ACTION: Notice of reporting collection of information unless it displays a valid control number value positions in the first two columns requirements. assigned by OMB. The estimated of Form D, and for net settlements for SUMMARY: By this Notice, the average burden associated with this only OTC foreign exchange contracts. Department of the Treasury is informing collection of information is 48 hours per This phase will be effective beginning the public that it is conducting a respondent for end-investors and with the March 2005 reporting date, mandatory survey of U.S. ownership of custodians that file schedule 3 reports which covers the first calendar quarter foreign securities as of December 31, covering their securities entrusted to of 2005. In the second phase, reporting 2004. This notice constitutes legal U.S. resident custodians, 145 hours per will begin for net settlements data for all notification to all United States persons respondent for large end-investors filing exchange-traded contracts and will be who are in the reporting panel set forth Schedule 2 reports, and 700 hours per effective beginning with the June 2005 in this Notice that they must respond to respondent for large custodians of reporting date, which covers the second this survey. Additional copies of the securities filing Schedule 2 reports. calendar quarter of 2005. In the final reporting form SHCA and instructions Comments concerning the accuracy of phase, reporting will begin for all of the may be printed from the Internet at: this burden estimate and suggestions for remaining information. This Phase will http://www.treas.gov/tic/forms.html. reducing this burden should be directed be implemented beginning with the Who Must Report: It is expected that to the Department of the Treasury, September 2005 reporting date, which reporting will be required only from Attention Administrator, International covers the third calendar quarter of those organizations which reported the Portfolio Investment Data Reporting 2005. largest values of securities data on the Systems, Room 4410@1440NYA, benchmark survey Form SHC entitled Washington, DC 20220, and to OMB, Paperwork Reduction Act Notice: This ‘‘U.S. Ownership of Foreign Securities, Attention Desk Officer for the data collection has been approved by Including Selected Money Market Department of the Treasury, Office of the Office of Management and Budget Instruments as of December 31, 2001’’. Information and Regulatory Affairs, (OMB) in accordance with the The panel for this survey is expected to Washington, DC 20503. Paperwork Reduction Act and assigned include: the 36 largest custodians and control number 1505–0199. An agency largest end-investors that filed schedule Dwight Wolkow, may not conduct or sponsor, and a 2 in the aforementioned 2001 Administrator, International Portfolio Investment Data Reporting Systems. person is not required to respond to, a benchmark survey; and 194 of the next collection of information unless it largest end-investors that filed schedule [FR Doc. 04–23171 Filed 10–14–04; 8:45 am] displays a valid control number 3 in the aforementioned 2001 BILLING CODE 4810–25–P assigned by OMB. The estimated benchmark survey. Entities required to report will be contacted individually by average burden associated with this DEPARTMENT OF THE TREASURY collection of information, when fully the Federal Reserve Bank of New York. implemented, is 30 hours per Entities not contacted by the Federal Alcohol and Tobacco Tax and Trade respondent per filing. Comments Reserve Bank of New York have no Bureau reporting responsibilities. concerning the accuracy of this burden What to Report: This report will estimate and suggestions for reducing Proposed Information Collection; collect information on U.S. resident Comment Request this burden should be directed to the holdings of foreign securities, i.e., Department of the Treasury, Attention equities, long-term debt securities, and AGENCY: Alcohol and Tobacco Tax and Administrator, International Portfolio short-term debt securities (including Trade Bureau (TTB), Treasury. Investment Data Reporting Systems, selected money market instruments). ACTION: Notice and request for Room 4410@1440NYA, Washington, DC How to Report: Copies of the survey comments. 20220, and to OMB, Attention Desk forms and instructions, which contain Officer for the Department of the complete information on reporting SUMMARY: The Department of the Treasury, Office of Information and procedures and definitions, may be Treasury and its Alcohol and Tobacco Tax and Trade Bureau, as part of their Regulatory Affairs, Washington, DC obtained at the Web site address given continuing effort to reduce paperwork 20503. above in the SUMMARY, or by contacting the survey staff of the Federal Reserve and respondent burden, invite the Dwight Wolkow, Bank of New York at (212) 720–6300, e- public and other Federal agencies to Administrator, International Portfolio mail: [email protected]. The mailing comment on proposed and continuing Investment Data Reporting Systems. address is: Federal Reserve Bank of New information collections, as required by [FR Doc. 04–23170 Filed 10–14–04; 8:45 am] York, Statistics Function, 4th Floor, 33 the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Currently, we BILLING CODE 4810–25–P Liberty Street, New York, NY 10045– 0001. are seeking comments on the TTB Form When to Report: Data must be 5130.6 titled ‘‘Drawback on Beer submitted to the Federal Reserve Bank Exported.’’ of New York, acting as fiscal agent for DATES: We must receive your written the Department of the Treasury, by comments on or before December 14, March 4, 2005. 2004.
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ADDRESSES: You may send comments to clarity of the information collected; (d) Alcohol and Tobacco Tax and Trade Sandra Turner, Alcohol and Tobacco ways to minimize the information Bureau, P.O. Box 14412, Washington, Tax and Trade Bureau, at any of these collection’s burden on respondents, DC 20044–4412; or telephone (202) 927– addresses: including through the use of automated 8210. • P.O. Box 14412, Washington, DC collection techniques or other forms of SUPPLEMENTARY INFORMATION: 20044–4412; information technology; and (e) Title: Schedule of Tobacco Products, • 202–927–8525 (facsimile); or estimates of capital or start-up costs and Cigarette Papers or Tubes Withdrawn • [email protected] (e-mail). costs of operation, maintenance, and from the Market. Please reference the information purchase of services to provide the OMB Number: 1513–0034. collection’s title, form or recordkeeping requested information. TTB Form Number: 5200.7. requirement number, and OMB number Dated: September 27, 2004. Abstract: TTB Form 5200.7 is used by (if any) in your comment. If you submit persons who intend to withdraw William H. Foster, your comment via facsimile, send no tobacco products from the market for more than five 8.5 x 11 inch pages in Chief, Regulations and Procedures Division. which the taxes has already been paid order to ensure electronic access to our [FR Doc. 04–23158 Filed 10–14–04; 8:45 am] or determined. The form describes the equipment. BILLING CODE 4810–31–P products that are to be withdrawn to FOR FURTHER INFORMATION CONTACT: To determine the amount of tax to be claimed later as a tax credit or refund. obtain additional information, copies of DEPARTMENT OF THE TREASURY the information collection and its The form notifies TTB when withdrawal instructions, or copies of any comments Alcohol and Tobacco Tax and Trade or destruction is to take place, and TTB received, contact Sandra Turner, Bureau may elect to supervise withdrawal or Alcohol and Tobacco Tax and Trade destruction. Bureau, P.O. Box 14412, Washington, Proposed Information Collection; Current Actions: There are no changes DC 20044–4412; or telephone 202–927– Comment Request to this information collection and it is 8210. being submitted for extension purposes AGENCY: Alcohol and Tobacco Tax and only. SUPPLEMENTARY INFORMATION: Trade Bureau (TTB), Treasury. Type of Review: Extension. Title: Drawback on Beer Exported. ACTION: Notice and request for Affected Public: Business or other for- OMB Number: 1513–0017. comments. profit. TTB Form Number: 5130.6. Estimated Number of Respondents: Abstract: When taxpaid beer is SUMMARY: The Department of the 119. removed from a brewery and ultimately Treasury and its Alcohol and Tobacco Estimated Total Annual Burden exported, the brewer exporting the beer Tax and Trade Bureau, as part of their Hours: 1,071. is eligible for a drawback (refund) of continuing effort to reduce paperwork Federal taxes paid. By completing this and respondent burden, invite the Request for Comments form and submitting documentation of public and other Federal agencies to Comments submitted in response to exportation, the brewer may receive a comment on proposed and continuing this notice will be included or refund of Federal taxes paid. information collections, as required by summarized in our request for Office of Current Actions: There are no changes the Paperwork Reduction Act of 1995 Management and Budget (OMB) to this information collection and it is (44 U.S.C. 3501 et seq.). Currently, we approval of this information collection. being submitted for extension purposes are seeking comments on the TTB Form All comments are part of the public only. 5200.7 titled ‘‘Schedule of Tobacco record and subject to disclosure. Please Type of Review: Extension. Products, Cigarette Papers or Tubes do not include any confidential or Affected Public: Business or other for- Withdrawn from the Market.’’ inappropriate material in your profit. DATES: We must receive your written comments. Estimated Number of Respondents: comments on or before December 14, We invite comments on: (a) Whether 100. 2004. this information collection is necessary Estimated Total Annual Burden for the proper performance of the Hours: 5,000. ADDRESSES: You may send comments to agency’s functions, including whether Sandra Turner, Alcohol and Tobacco Request for Comments the information has practical utility; (b) Tax and Trade Bureau, at any of these the accuracy of the agency’s estimate of Comments submitted in response to addresses: • the information collection’s burden; (c) this notice will be included or P.O. Box 14412, Washington, DC ways to enhance the quality, utility, and summarized in our request for Office of 20044–4412; • clarity of the information collected; (d) Management and Budget (OMB) 202–927–8525 (facsimile); or ways to minimize the information • [email protected] (e-mail). approval of this information collection. collection’s burden on respondents, Please reference the information All comments are part of the public including through the use of automated collection’s title, form or recordkeeping record and subject to disclosure. Please collection techniques or other forms of requirement number, and OMB number not do include any confidential or information technology; and (e) (if any) in your comment. If you submit inappropriate material in your estimates of capital or start-up costs and your comment via facsimile, send no comments. costs of operation, maintenance, and more than five 8.5 x 11 inch pages in We invite comments on: (a) Whether purchase of services to provide the order to ensure electronic access to our this information collection is necessary requested information. for the proper performance of the equipment. Dated: September 27, 2004. agency’s functions, including whether FOR FURTHER INFORMATION CONTACT: To the information has practical utility; (b) obtain additional information, copies of William H. Foster, the accuracy of the agency’s estimate of the information collection and its Chief, Regulations and Procedures Division. the information collection’s burden; (c) instructions, or copies of any comments [FR Doc. 04–23159 Filed 10–14–04; 8:45 am] ways to enhance the quality, utility, and received, contact Sandra Turner, BILLING CODE 4810–31–P
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DEPARTMENT OF THE TREASURY government. In order to safeguard these DEPARTMENT OF THE TREASURY taxes, tobacco products manufacturers Alcohol and Tobacco Tax and Trade are required to maintain a system of Alcohol and Tobacco Tax and Trade Bureau records designed to establish Bureau accountability over the tobacco products Proposed Information Collection; Proposed Information Collection; and cigarette papers and tubes Comment Request Comment Request produced. However, these items can be AGENCY: Alcohol and Tobacco Tax and removed without the payment of tax if AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury. they are for the use of the United States. Trade Bureau (TTB), Treasury. ACTION: Notice and request for Records shall be retained by the ACTION: Notice and request for comments. manufacturer for 3 years following the comments. close of the year covered therein and SUMMARY: The Department of the shall be made available for inspection SUMMARY: The Department of the Treasury and its Alcohol and Tobacco by any TTB officer upon his request. Treasury and its Alcohol and Tobacco Tax and Trade Bureau, as part of their Tax and Trade Bureau, as part of their continuing effort to reduce paperwork Current Actions: There are no changes continuing effort to reduce paperwork and respondent burden, invite the to this information collection and it is and respondent burden, invite the public and other Federal agencies to being submitted for extension purposes public and other Federal agencies to comment on proposed and continuing only. comment on proposed and continuing information collections, as required by Type of Review: Extension. information collections, as required by the Paperwork Reduction Act of 1995 Affected Public: Business or other for- the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Currently, we profit. (44 U.S.C. 3501 et seq.). Currently, we are seeking comments on TTB’s are seeking comments on TTB’s Recordkeeping Requirement Number Estimated Number of Respondents: Recordkeeping Requirement Number 5210/6 titled ‘‘Tobacco Products 101. 5210/10 titled ‘‘Tobacco—Record of Manufacturers ‘‘Supporting Records for Estimated Total Annual Burden Disposition of More Than 60,000 Removals for the Use of the United Hours: 505. Cigarettes in a Single Transaction.’’ States.’’ DATES: We must receive your written Request for Comments DATES: We must receive your written comments on or before December 14, comments on or before December 14, Comments submitted in response to 2004. 2004. this notice will be included or ADDRESSES: You may send comments to ADDRESSES: You may send comments to summarized in our request for Office of Sandra Turner, Alcohol and Tobacco Sandra Turner, Alcohol and Tobacco Management and Budget (OMB) Tax and Trade Bureau, at any of these Tax and Trade Bureau, at any of these approval of this information collection. addresses: addresses: All comments are part of the public • P.O. Box 14412, Washington, DC • P.O. Box 14412, Washington, DC record and subject to disclosure. Please 20044–4412; 20044–4412; do not include any confidential or • 202–927–8525 (facsimile); or • 202–927–8525 (facsimile); or inappropriate material in your • [email protected] (e-mail). • [email protected] (e-mail). comments. Please reference the information Please reference the information collection’s title, form or recordkeeping We invite comments on: (a) Whether collection’s title, form or recordkeeping requirement number, and OMB number this information collection is necessary requirement number, and OMB number (if any) in your comment. If you submit (if any) in your comment. If you submit for the proper performance of the your comment via facsimile, send no your comment via facsimile, send no agency’s functions, including whether more than five 8.5 x 11 inch pages in more than five 8.5 x 11 inch pages in the information has practical utility; (b) order to ensure electronic access to our order to ensure electronic access to our the accuracy of the agency’s estimate of equipment. the information collection’s burden; (c) equipment. FOR FURTHER INFORMATION CONTACT: To ways to enhance the quality, utility, and FOR FURTHER INFORMATION CONTACT: To obtain additional information, copies of obtain additional information, copies of clarity of the information collected; (d) the information collection and its the information collection and its ways to minimize the information instructions, or copies of any comments instructions, or copies of any comments collection’s burden on respondents, received, contact Sandra Turner, received, contact Sandra Turner, including through the use of automated Alcohol and Tobacco Tax and Trade Alcohol and Tobacco Tax and Trade collection techniques or other forms of Bureau, P.O. Box 14412, Washington, Bureau, P.O. Box 14412, Washington, information technology; and (e) DC 20044–4412; or telephone 202–927– DC 20044–4412; or telephone 202–927– estimates of capital or start-up costs and 8210. 8210. costs of operation, maintenance, and SUPPLEMENTARY INFORMATION: Title: SUPPLEMENTARY INFORMATION: purchase of services to provide the Tobacco—Record of Disposition of More Title: Tobacco Products requested information. Than 60,000 Cigarettes in a Single Manufacturers—Supporting Records for Dated: September 27, 2004. Transaction. Removals for the Use of the United William H. Foster, OMB Number: 1513–0076. States. TTB Recordkeeping Requirement OMB Number: 1513–0069. Chief, Regulations and Procedures Division. Number: 5210/10. TTB Recordkeeping Requirement [FR Doc. 04–23160 Filed 10–14–04; 8:45 am] Abstract: Records must be maintained Number: 5210/6. BILLING CODE 4810–31–P by tobacco products manufacturers and Abstract: Tobacco products have cigarette distributors showing the historically been a major source of details of large cigarette transactions. excise tax revenues for the Federal The records are used to trace the
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movement of contraband cigarettes and Request for Comments the information collection’s burden; (c) to help curtail the illicit traffic in ways to enhance the quality, utility, and Comments submitted in response to cigarettes between states. The record clarity of the information collected; (d) this notice will be included or retention period for this information ways to minimize the information summarized in our request for Office of collection is 3 years. collection’s burden on respondents, Management and Budget (OMB) Current Actions: There are no changes including through the use of automated approval of this information collection. collection techniques or other forms of to this information collection and it is All comments are part of the public being submitted for extension purposes information technology; and (e) record and subject to disclosure. Please estimates of capital or start-up costs and only. do not include any confidential or costs of operation, maintenance, and Type of Review: Extension. inappropriate material in your purchase of services to provide the comments. Affected Public: Business or other for- requested information. profit. We invite comments on: (a) Whether this information collection is necessary Dated: September 27, 2004. Estimated Number of Respondents: for the proper performance of the William H. Foster, 9,500. agency’s functions, including whether Chief, Regulations and Procedures Division. Estimated Total Annual Burden the information has practical utility; (b) [FR Doc. 04–23161 Filed 10–14–04; 8:45 am] Hours: 1,140,000. the accuracy of the agency’s estimate of BILLING CODE 4810–31–P
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Reader Aids Federal Register Vol. 69, No. 199 Friday, October 15, 2004
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
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. 110...... 59775 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 12 CFR 7822...... 59539 The United States Government Manual 741–6000 204...... 60543 7823...... 59759 335...... 59780 Other Services 7824...... 60275 747...... 60077 Electronic and on-line services (voice) 741–6020 7825...... 60277 Privacy Act Compilation 741–6064 7826...... 60279 14 CFR 7827...... 60789 Public Laws Update Service (numbers, dates, etc.) 741–6043 13...... 59490 7828...... 60793 TTY for the deaf-and-hard-of-hearing 741–6086 23...... 58822 7829...... 61135 25...... 60795, 60797 7830...... 61137 39 ...... 58824, 58826, 58828, ELECTRONIC RESEARCH 7831...... 61141 59541, 59788, 59790, 60081, World Wide Web Administrative Orders: 60799, 60801, 60802, 60804, Presidential Full text of the daily Federal Register, CFR and other publications 60807, 60809, 60949, 60952, Determinations: is located at: http://www.gpoaccess.gov/nara/index.html 60954, 61144 No. 2004-53 of 71 ...... 59129, 59303, 60284, Federal Register information and research tools, including Public September 30, 60285, 60286, 60956 Inspection List, indexes, and links to GPO Access are located at: 2004 ...... 60943 91...... 59752, 60534 http://www.archives.gov/federallregister/ No. 2004-54 of 97...... 61146 E-mail September 30, 2004 ...... 60945 Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 39 ...... 59147, 59148, 59151, an open e-mail service that provides subscribers with a digital 5 CFR 59153, 59557, 59559, 59837, form of the Federal Register Table of Contents. The digital form 60098, 60100, 60104, 60106, of the Federal Register Table of Contents includes HTML and 591...... 59761 730...... 61143 60568, 60971 PDF links to the full text of each document. 71...... 58859, 59756 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 550...... 60097 73...... 58860 Online mailing list archives, FEDREGTOC-L, Join or leave the list 95...... 61128 (orchange settings); then follow the instructions. 7 CFR 97...... 59756 PENS (Public Law Electronic Notification Service) is an e-mail 6...... 59763 15 CFR service that notifies subscribers of recently enacted laws. 60...... 59708 301...... 59119, 60537 730...... 60545 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 611...... 60283 734...... 60545 and select Join or leave the list (or change settings); then follow 987...... 60947 744...... 59303 the instructions. 1206...... 59120 746...... 60545 FEDREGTOC-L and PENS are mailing lists only. We cannot 1730...... 60537 770...... 60545 respond to specific inquiries. 1776...... 59764 772...... 60545 774...... 60545 Reference questions. Send questions and comments about the 1783...... 59770 Federal Register system to: [email protected] Proposed Rules: Proposed Rules: 304...... 60567 732...... 60829 The Federal Register staff cannot interpret specific documents or 457...... 60320 736...... 60829 regulations. 923...... 59551 740...... 60829 1280...... 61159 744...... 60829 FEDERAL REGISTER PAGES AND DATE, OCTOBER 1776...... 59836 752...... 60829 1783...... 59836 764...... 60829 58799–59118...... 1 4280...... 59650 772...... 60829 59119–59540...... 4 904...... 60569 59541–59758...... 5 8 CFR 995...... 61165 59759–60076...... 6 214...... 60939 996...... 61172 60077–60282...... 7 9 CFR 16 CFR 60283–60536...... 8 Proposed Rules: 60537–60794...... 12 52...... 60542 317...... 58799 642...... 58861 60795–60942...... 13 381...... 58799 698...... 58861 60943–61142...... 14 61143–61300...... 15 10 CFR 17 CFR 50...... 58804 1...... 59544 73...... 58820 211...... 59130 Proposed Rules: 232...... 60287 110...... 60567 240...... 60287 249...... 60287 11 CFR Proposed Rules: 104...... 59775 228...... 59094
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229...... 59094 Proposed Rules: 179...... 60320 15...... 59701 232...... 59094 906...... 58873 180...... 59843, 60320 17...... 59700 240...... 59094 261...... 59156 19...... 59699, 59700 32 CFR 249...... 59094 271 ...... 59165, 60110, 60975 22...... 59700 270...... 59094 199...... 60547 25...... 59700 42 CFR 33...... 59700 18 CFR 33 CFR 71...... 59144 36...... 59699 Proposed Rules: 100 ...... 59793, 59795, 59797 403...... 60242 39...... 59702 35...... 61180 117 ...... 59135, 59136, 60555 412...... 60242 52 ...... 59700, 59703, 60967 151...... 60309 19 CFR 413...... 60242 53...... 59699 165 ...... 58833, 58834, 59136, 418...... 60242 1852...... 60967 191...... 60082 59799, 59801, 59803, 59806, 460...... 60242 1853...... 60967 Proposed Rules: 59808 480...... 60242 1872...... 60967 133...... 59562, 60936 Proposed Rules: 482...... 60242 Proposed Rules: 20 CFR 110...... 60592 483...... 60242 1511...... 59843 117...... 60595, 60597 485...... 60242 1552...... 59843 404...... 60224 165...... 60600 489...... 60242 408...... 60224 2101...... 59166 416...... 60224 36 CFR 44 CFR 2102...... 59166 2103...... 59166 21 CFR 242...... 60957 64...... 60309 2104...... 59166 Proposed Rules: 74...... 60307 45 CFR 2105...... 59166 350...... 61148 1270...... 58875 2109...... 59166 2251...... 60094 510...... 60811 37 CFR 2110...... 59166 520...... 59131, 60547 2252...... 60094 2115...... 59166 522...... 60308 2...... 59809 2253...... 60094 2116...... 59166 556...... 60308 270...... 59648 Proposed Rules: 2131...... 59166 Ch. XXV...... 60603 558...... 60547 38 CFR 2132...... 59166 888...... 59132 2137...... 59166 1...... 60083 47 CFR Proposed Rules: 2144...... 59166 16...... 60108 3...... 60083 0...... 59145 2146...... 59166 118...... 60108 Proposed Rules: 1...... 58840, 59145 2149...... 59166 361...... 59569 5...... 59072 15...... 59500 2152...... 59166 27...... 59500 22 CFR 39 CFR 54...... 59145 49 CFR 51...... 60811 20...... 59545 64...... 60311, 61152 111...... 59139, 59545 73 ...... 58840, 59500, 60316, 1...... 60562 25 CFR 501...... 60090, 61085 60560, 60561 171...... 58841 170...... 60957 90...... 59500, 60561 173...... 58841 40 CFR 101...... 59145 571 ...... 58843, 59146, 60316, 26 CFR 35...... 59810 Proposed Rules: 60563, 60968, 61154 1...... 60222 52 ...... 59546, 59812, 60962 0...... 59166 1002...... 58855 Proposed Rules: 63...... 58837, 60813 2...... 59166 180...... 60820 64...... 61184 1...... 58873 50 CFR 48...... 59572 261...... 60557 73 ...... 60344, 60346, 60604, 271 ...... 59139, 60091, 60964 60605 17...... 59996 29 CFR 300...... 58839 76...... 61193 100...... 60957 4022...... 61150 Proposed Rules: 101...... 59166 222...... 61155 4044...... 61150 9...... 60320 223...... 61155 Proposed Rules: 23...... 60320 48 CFR 300...... 59303 1910...... 59306 52 ...... 59572, 59839, 60328, Ch. 1...... 59698, 59699, 60967 648 ...... 59550, 59815, 60565 1915...... 59306 60974 1...... 59699 660...... 59816, 61157 1917...... 59306 63...... 60837 5...... 59700 679 ...... 59834, 59835, 60566, 1918...... 59306 271...... 60975 7...... 59701 60828, 60970 1926...... 59306 81...... 60328 11...... 59701 Proposed Rules: 163...... 60320 12...... 59700 17 ...... 58876, 59844, 59859, 30 CFR 177...... 60320 13 ...... 59699, 59700, 59701 60110, 60134, 60138, 60605, 914...... 58830 178...... 60320 14...... 59700, 59703 60706
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REMINDERS Foreign inspection system by 10-22-04; published 8- Meat and poultry products The items in this list were supervisory visits to 23-04 [FR 04-19234] processing facilities; Open editorially compiled as an aid certified foreign ENERGY DEPARTMENT for comments until further to Federal Register users. establishments; frequency; Energy Efficiency and notice; published 9-8-04 Inclusion or exclusion from comments due by 10-18- Renewable Energy Office [FR 04-12017] this list has no legal 04; published 8-18-04 [FR Consumer products; energy FEDERAL significance. 04-18889] conservation program: COMMUNICATIONS COMMERCE DEPARTMENT Energy conservation COMMISSION RULES GOING INTO Economic Analysis Bureau standards—- Common carrier services: EFFECT OCTOBER 15, Direct investment surveys: Commercial packaged Individuals with hearing and 2004 BE-10; benchmark survey of boilers; test procedures speech disabilities; U.S. direct investment and efficiency telecommunications relay standards; Open for AGRICULTURE abroad (2004); comments and speech-to-speech comments until further DEPARTMENT due by 10-18-04; services; comments due published 8-17-04 [FR 04- notice; published 12-30- Agricultural Marketing by 10-18-04; published 9- 18640] 99 [FR 04-17730] Service 1-04 [FR 04-18551] Dates (domestic) produced or COMMERCE DEPARTMENT ENERGY DEPARTMENT Radio stations; table of packed in— National Oceanic and Federal Energy Regulatory assignments: California; published 10-14- Atmospheric Administration Commission California; comments due by 04 Endangered and threatened Electric rate and corporate 10-18-04; published 9-9- regulation filings: TRANSPORTATION species: 04 [FR 04-20360] DEPARTMENT Salmonids in California; Virginia Electric & Power Minnesota; comments due Federal Aviation listing determinations; Co. et al.; Open for by 10-18-04; published 9- Administration hearings; comments due comments until further 10-04 [FR 04-20531] notice; published 10-1-03 Airworthiness directives: by 10-20-04; published 9- Ohio; comments due by 10- [FR 03-24818] Airbus; published 9-30-04 9-04 [FR 04-20425] 18-04; published 9-9-04 Standard instrument approach West Coast Salmonids; ENVIRONMENTAL [FR 04-20358] PROTECTION AGENCY procedures; published 10- extention of comment Texas; comments due by 15-04 period amd public Air programs: 10-18-04; published 9-9- hearing; comments due Stratospheric ozone 04 [FR 04-20359] by 10-20-04; published 8- protection— RULES GOING INTO Various States; comments 31-04 [FR 04-19867] EFFECT OCTOBER 16, Methyl bromide phaseout; due by 10-18-04; Fishery conservation and critical use exemption 2004 published 9-9-04 [FR 04- management: process; comments due 20357] Alaska; fisheries of by 10-21-04; published HOMELAND SECURITY 9-20-04 [FR 04-21053] Washington; comments due DEPARTMENT Exclusive Economic by 10-18-04; published 9- Zone— Air quality implementation Coast Guard 10-04 [FR 04-20532] Gulf of Alaska pollock and plans; approval and Drawbridge operations: FEDERAL DEPOSIT Pacific cod; comments promulgation; various Connecticut; published 10-4- INSURANCE CORPORATION due by 10-21-04; States: 04 published 9-21-04 [FR California; comments due by Community Reinvestment Act; 04-21217] 10-21-04; published 9-21- implementation: COMMENTS DUE NEXT Atlantic highly migratory 04 [FR 04-21179] Community development WEEK species— Colorado; comments due by criterion for small banks; Atlantic shark; comments 10-18-04; published 9-16- small banks and AGRICULTURE due by 10-18-04; 04 [FR 04-20793] community development DEPARTMENT published 9-22-04 [FR North Carolina; comments definitions; comments due Agricultural Marketing 04-21289] due by 10-20-04; by 10-20-04; published 9- Service 20-04 [FR 04-21162] Large and small coastal published 9-20-04 [FR 04- Cotton classing, testing and sharks; comments due 21060] Economic Growth and standards: by 10-18-04; published Environmental statements; Regulatory Paperwork Classification services to 9-17-04 [FR 04-21002] availability, etc.: Reduction Act of 1996; growers; 2004 user fees; West Coast States and Coastal nonpoint pollution implementation: Open for comments until Western Pacific control program— Burden reduction further notice; published fisheries— Minnesota and Texas; recommendations; 5-28-04 [FR 04-12138] Open for comments Pacific Coast groundfish; comments due by 10-18- AGRICULTURE until further notice; comments due by 10- 04; published 7-20-04 [FR DEPARTMENT published 10-16-03 [FR 21-04; published 9-21- 04-16401] 03-26087] Forest Service 04 [FR 04-20888] FEDERAL RESERVE Alaska National Interest Lands Pesticides; tolerances in food, SYSTEM Conservation Act; Title VIII COURT SERVICES AND animal feeds, and raw Economic Growth Regulatory implementation (subsistence OFFENDER SUPERVISION agricultural commodities: AGENCY FOR THE Paperwork Reduction of priority): Bromoxynil, diclofop-methyl, DISTRICT OF COLUMBIA 1996; implementation: Wildlife; 2005-2006 dicofol, diquat, etridiazole, subsistence taking; Semi-annual agenda; Open for et al.; comments due by Burden reduction comments due by 10-22- comments until further 10-18-04; published 10-6- recommendations; 04; published 8-31-04 [FR notice; published 12-22-03 04 [FR 04-22474] comments due by 10-18- [FR 03-25121] 04; published 7-20-04 [FR 04-19839] DCPA; comments due by 04-16401] AGRICULTURE DEFENSE DEPARTMENT 10-19-04; published 8-20- DEPARTMENT Federal Acquisition Regulation 04 [FR 04-19035] GENERAL SERVICES Food Safety and Inspection (FAR): Water pollution; effluent ADMINISTRATION Service Bid bonds; powers of guidelines for point source Federal Acquisition Regulation Meat and poultry inspection: attorney; comments due categories: (FAR):
VerDate jul 14 2003 16:49 Oct 14, 2004 Jkt 205001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\15OCCU.LOC 15OCCU iv Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Reader Aids
Bid bonds; powers of published 8-20-04 [FR 04- Open for comments until Empresa Brasileira de attorney; comments due 19113] further notice; published Aeronautica S.A. by 10-22-04; published 8- INTERIOR DEPARTMENT 5-10-04 [FR 04-10516] (EMBRAER); comments 23-04 [FR 04-19234] Fish and Wildlife Service Production and utilization due by 10-18-04; published 9-22-04 [FR 04- HEALTH AND HUMAN Alaska National Interest Lands facilities; domestic licensing: 21273] SERVICES DEPARTMENT Conservation Act; Title VIII Pressure vessel code cases; Food and Drug implementation (subsistence American Society of Eurocopter France; Administration priority): Mechanical Engineers; comments due by 10-18- 04; published 8-19-04 [FR Administrative practice and Wildlife; 2005-2006 incorporation by reference; 04-18438] procedure: subsistence taking; comments due by 10-18- McDonnell Douglas; New drug applications; comments due by 10-22- 04; published 8-3-04 [FR comments due by 10-18- complete response letter 04; published 8-31-04 [FR 04-17609] 04; published 9-3-04 [FR and amendments to 04-19839] POSTAL SERVICE 04-20123] unapproved applications; Endangered and threatened Domestic Mail Manual: comments due by 10-18- species permit applications Pratt & Whitney; comments Bundles of flat-size and due by 10-18-04; 04; published 7-20-04 [FR Recovery plans— irregular parcel mail; 04-16476] published 8-18-04 [FR 04- Paiute cutthroat trout; address visibility; 18919] Reports and guidance Open for comments comments due by 10-18- Airworthiness standards: documents; availability, etc.: until further notice; 04; published 9-2-04 [FR Special conditions— Evaluating safety of published 9-10-04 [FR 04-19992] antimicrobial new animal 04-20517] Cessna 206H and T206H SECURITIES AND airplanes; comments drugs with regard to their Endangered and threatened EXCHANGE COMMISSION microbiological effects on species: due by 10-21-04; Fair and Accurate Credit published 9-21-04 [FR bacteria of human health Critical habitat Transactions Act; 04-21138] concern; Open for designations— implementation: Dassault Model Mystere- comments until further Buena Vista Lake shrew; Consumer report information Falcon and Model Fan notice; published 10-27-03 comments due by 10- disposal; comments due Jet Falcon airplanes; [FR 03-27113] 18-04; published 8-19- by 10-20-04; published 9- various series; Medical devices— 04 [FR 04-18988] 20-04 [FR 04-21031] comments due by 10- Dental noble metal alloys INTERIOR DEPARTMENT 22-04; published 9-22- and base metal alloys; SMALL BUSINESS National Park Service 04 [FR 04-21224] Class II special ADMINISTRATION Special regulations: controls; Open for Disaster loan areas: Lockheed Martin Corp. Fire Island National Model 1329-23A, -23-D, comments until further Maine; Open for comments Seashore, NY; personal -23E, and 1329-25 notice; published 8-23- until further notice; watercraft use; comments airplanes; comments 04 [FR 04-19179] published 2-17-04 [FR 04- due by 10-22-04; due by 10-22-04; 03374] HOMELAND SECURITY published 8-23-04 [FR 04- published 9-22-04 [FR DEPARTMENT 19189] SOCIAL SECURITY 04-21225] Coast Guard INTERIOR DEPARTMENT ADMINISTRATION Colored Federal airways; Anchorage regulations: Surface Mining Reclamation Social security benefits: comments due by 10-18-04; Maryland; Open for and Enforcement Office Federal old-age, survivors, published 9-3-04 [FR 04- comments until further Permanent program and and disability insurance— 20175] notice; published 1-14-04 abandoned mine land Genitourinary impairments TRANSPORTATION [FR 04-00749] reclamation plan evaluation; revised DEPARTMENT Drawbridge operations: submissions: medical criteria; Federal Highway Wisconsin; comments due Colorado; comments due by comments due by 10- Administration by 10-21-04; published 9- 10-18-04; published 10-1- 22-04; published 8-23- Right-of-way and environment: 21-04 [FR 04-21136] 04 [FR 04-22017] 04 [FR 04-19188] Highway traffic and HOMELAND SECURITY JUSTICE DEPARTMENT OFFICE OF UNITED STATES construction noise; DEPARTMENT Prisons Bureau TRADE REPRESENTATIVE abatement procedures; Transportation Security Community programs and Trade Representative, Office comments due by 10-19- Administration release: of United States 04; published 8-20-04 [FR Civil aviation security: Community confinement; Generalized System of 04-18850] Security awareness training comments due by 10-18- Preferences: TREASURY DEPARTMENT for flight school 04; published 8-18-04 [FR 2003 Annual Product Comptroller of the Currency employees; aliens and 04-18747] Review, 2002 Annual Economic Growth and other designated NATIONAL AERONAUTICS Country Practices Review, Regulatory Paperwork individuals; notification; AND SPACE and previously deferred Reduction Act of 1996; comments due by 10-20- ADMINISTRATION product decisions; implementation: 04; published 9-20-04 [FR Federal Acquisition Regulation petitions disposition; Open Burden reduction 04-21220] (FAR): for comments until further recommendations; INTERIOR DEPARTMENT Bid bonds; powers of notice; published 7-6-04 comments due by 10-18- [FR 04-15361] Indian Affairs Bureau attorney; comments due 04; published 7-20-04 [FR TRANSPORTATION 04-16401] Law and order on Indian by 10-22-04; published 8- DEPARTMENT reservations: 23-04 [FR 04-19234] TREASURY DEPARTMENT Albuquerque Indian School NUCLEAR REGULATORY Federal Aviation Internal Revenue Service property, NM; Courts of COMMISSION Administration Estate and gift taxes: Indian Offenses; addition Environmental statements; Airworthiness directives: Qualified interests; to Santa Fe Indian School availability, etc.: Boeing; comments due by comments due by 10-21- property listing; comments Fort Wayne State 10-18-04; published 9-3- 04; published 7-26-04 [FR due by 10-19-04; Developmental Center; 04 [FR 04-20124] 04-16593]
VerDate jul 14 2003 16:49 Oct 14, 2004 Jkt 205001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\15OCCU.LOC 15OCCU Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Reader Aids v
Income taxes: session of Congress which Exchange Act (Oct. 5, 2004; Awards to be made to Governmental units serving have become Federal laws. It 118 Stat. 1198) nonprofit organizations. (Oct. as nonbank trustee of may be used in conjunction H.R. 1648/P.L. 108–315 5, 2004; 118 Stat. 1213) individual retirement with ‘‘PLUS’’ (Public Laws Carpinteria and Montecito H.R. 3768/P.L. 108–321 accounts; cross-reference; Update Service) on 202–741– Water Distribution Systems comments due by 10-20- 6043. This list is also Timucuan Ecological and Conveyance Act of 2004 (Oct. 04; published 7-22-04 [FR available online at http:// Historic Preserve Boundary 5, 2004; 118 Stat. 1200) 04-16595] www.archives.gov/ Revision Act of 2004 (Oct. 5, Optional 10-year writeoff of federal—register/public—laws/ H.R. 1732/P.L. 108–316 2004; 118 Stat. 1214) certain tax preferences; public laws.html. — To amend the Reclamation S.J. Res. 41/P.L. 108–322 comments due by 10-18- Wastewater and Groundwater The text of laws is not 04; published 7-20-04 [FR Study and Facilities Act to Commemorating the opening published in the Federal 04-16474] authorize the Secretary of the of the National Museum of the Register but may be ordered Partnerships and their Interior to participate in the American Indian. (Oct. 5, in ‘‘slip law’’ (individual partners; qualified small Williamson County, Texas, 2004; 118 Stat. 1216) pamphlet) form from the business stock sale; grain Water Recycling and Reuse Superintendent of Documents, H.R. 4654/P.L. 108–323 deferral; hearing date Project, and for other U.S. Government Printing correction; comments due purposes. (Oct. 5, 2004; 118 To reauthorize the Tropical Office, Washington, DC 20402 by 10-19-04; published 9- Stat. 1202) Forest Conservation Act of 2-04 [FR 04-20056] (phone, 202–512–1808). The 1998 through fiscal year 2007, H.R. 2696/P.L. 108–317 Procedure and administration: text will also be made and for other purposes. (Oct. Entity classification changes; available on the Internet from Southwest Forest Health and 6, 2004; 118 Stat. 1218) eligible associations GPO Access at http:// Wildfire Prevention Act of Last List October 6, 2004 taxable as a corporation www.gpoaccess.gov/plaws/ 2004 (Oct. 5, 2004; 118 Stat. for qualified electing S index.html. Some laws may 1204) corporation; comments not yet be available. H.R. 3209/P.L. 108–318 due by 10-18-04; To amend the Reclamation Public Laws Electronic published 7-20-04 [FR 04- H.R. 1308/P.L. 108–311 Project Authorization Act of Notification Service 16233] Working Families Tax Relief 1972 to clarify the acreage for (PENS) TREASURY DEPARTMENT Act of 2004 (Oct. 4, 2004; 118 Stat. 1166) which the North Loup division Thrift Supervision Office is authorized to provide Economic Growth and H.R. 265/P.L. 108–312 irrigation water under the PENS is a free electronic mail Regulatory Paperwork Mount Rainier National Park Missouri River Basin project. notification service of newly Reduction Act of 1996; Boundary Adjustment Act of (Oct. 5, 2004; 118 Stat. 1211) implementation: enacted public laws. To 2004 (Oct. 5, 2004; 118 Stat. subscribe, go to http:// Burden reduction H.R. 3249/P.L. 108–319 1194) listserv.gsa.gov/archives/ recommendations; To extend the term of the publaws-l.html comments due by 10-18- H.R. 1521/P.L. 108–313 Forest Counties Payments Johnstown Flood National Committee. (Oct. 5, 2004; 118 04; published 7-20-04 [FR Note: This service is strictly Memorial Boundary Stat. 1212) 04-16401] for E-mail notification of new Adjustment Act of 2004 (Oct. H.R. 3389/P.L. 108–320 laws. The text of laws is not 5, 2004; 118 Stat. 1196) LIST OF PUBLIC LAWS To amend the Stevenson- available through this service. H.R. 1616/P.L. 108–314 Wydler Technology Innovation PENS cannot respond to This is a continuing list of Martin Luther King, Junior, Act of 1980 to permit Malcolm specific inquiries sent to this public bills from the current National Historic Site Land Baldrige National Quality address.
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