7–21–04 Wednesday Vol. 69 No. 139 July 21, 2004

Pages 43511–43728

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1 II Federal Register / Vol. 69, No. 139 / Wednesday, July 21, 2004

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2 III

Contents Federal Register Vol. 69, No. 139

Wednesday, July 21, 2004

Agency for Healthcare Research and Quality Committee for the Implementation of Textile Agreements NOTICES NOTICES Meetings: Cotton, wool, and man-made textiles: Healthcare Research and Quality National Advisory China, 43563–43566 Council, 43593 Indonesia, 43566 Technical Review Committee, 43593–43594 Macedonia, 43567 Customs and Border Protection Bureau Agricultural Marketing Service NOTICES PROPOSED RULES Antidumping and countervailing duties: Milk marketing orders: Continued dumping and subsidy offset; distribution to Upper Midwest, 43538 affected domestic producers; correction, 43661 NOTICES Canned pears; grade standards, 43559 Defense Department Soybean promotion, research, and consumer information: See Army Department Referendum request results, 43559–43560 PROPOSED RULES Federal Acquisition Regulation (FAR): Agriculture Department Performance-based service acquisition, 43711–43714 See Agricultural Marketing Service See Animal and Plant Health Inspection Service Education Department See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 43567–43568 Animal and Plant Health Inspection Service Committees; establishment, renewal, termination, etc.: RULES Regional advisory committees, 43568–43569 Plant related quarantine; domestic: Mexican fruit fly, 43511 Employment and Training Administration PROPOSED RULES RULES Animal welfare: Aliens: Birds, rats, and mice; regulations and standards, 43538– Labor certification for permanent employment in U.S.; 43539 backlog reduction, 43715–43719

Army Department Employment Standards Administration NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 43567 submissions, and approvals, 43627 Energy Department Arts and Humanities, National Foundation See Federal Energy Regulatory Commission See National Foundation on the Arts and the Humanities See Southwestern Power Administration NOTICES Centers for Disease Control and Prevention Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Agency information collection activities; proposals, General Atomics, Inc., 43569–43570 submissions, and approvals, 43594–43595 Grants and cooperative agreements; availability, etc.: Environmental Protection Agency Addis Ababa University, 43595 RULES Comprehensive STD Prevention Systems Program, Air quality implementation plans; approval and 43595–43607 promulgation; various States; air quality planning purposes; designation of areas: Pennsylvania, 43522–43525 Coast Guard Air quality implementation plans; approval and RULES promulgation; various States: Regattas and marine parades: California, 43518–43520 Kennewick, WA, Columbia Unlimited Hydroplane Races, District of Columbia, Maryland, and Virginia, 43520– 43516–43518 43522 NOTICES Pesticides; tolerances in food, animal feeds, and raw Deepwater ports; license applications: agricultural commodities: Pearl Crossing LNG Terminal LLC, 43618–43619 Acequinocyl, etc., 43525–43533 PROPOSED RULES Commerce Department Pesticides; tolerances in food, animal feeds, and raw See International Trade Administration agricultural commodities: See National Oceanic and Atmospheric Administration Casein et al., 43548–43552

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NOTICES Federal Maritime Commission Pesticide registration, cancellation, etc.: NOTICES Bayer CropScience et al., 43581–43583 Agreements filed, 43587 Ziram, 43583–43586 Ocean transportation intermediary licenses: Starlink Consolidation Service (New York), Inc., et al., Executive Office of the President 43587 See Presidential Documents See Trade Representative, Office of United States Federal Trade Commission PROPOSED RULES Farm Credit Administration Fair and Accurate Credit Transactions Act; implementation: RULES Affiliate marketing, 43546 Farm credit system: NOTICES Loan policies and operations, etc.— Agency information collection activities; proposals, General provisions; credit and related services; submissions, and approvals, 43587–43592 eligibility and scope of financing, 43511–43515 Prohibited trade practices: Barash, Jonathan, 43592–43593 Federal Aviation Administration Fish and Wildlife Service PROPOSED RULES PROPOSED RULES Airspace: Endangered and threatened species: Brookville, KS; restricted areas 3601A and 3601B; Findings on petitions, etc.— modification, 43539–43540 NOTICES Lost River sucker and shortnose sucker; 5-year status Advisory circulars; availability, etc.: review, 43554–43558 Safety analysis; 14 CFR 33.75 guidance material, 43657 Gray wolf, 43663–43692 Passenger facility charges; applications, etc.: Migratory bird hunting: Greater Binghamton Airport, NY, 43657–43658 Early-season regulations (2004-2005); frameworks; Sheridan County Airport, WY, 43658 meetings, 43693–43710 NOTICES Agency information collection activities; proposals, Federal Communications Commission submissions, and approvals, 43619–43621 RULES Endangered and threatened species: Radio stations; table of assignments: Holy Ghost Ipomopsis and Kuenzler hedgehog cactus; 5- California, 43533–43534 year review, 43621–43622 Washington and Oregon, 43534 PROPOSED RULES Forest Service Radio stations; table of assignments: NOTICES Arizona, 43553–43554 Appealable decisions; legal notice: Florida, 43552–43553 Pacific Northwest Region, 43560–43561 Mississippi, 43552 Oregon, 43553 General Services Administration NOTICES PROPOSED RULES Agency information collection activities; proposals, Federal Acquisition Regulation (FAR): submissions, and approvals, 43586 Performance-based service acquisition, 43711–43714 Practice and procedure: Communications Act; access by persons with Health and Human Services Department disabilities— See Agency for Healthcare Research and Quality Telecommunications equipment manufacturers and See Centers for Disease Control and Prevention service providers; complaints obligation, 43586– See National Institutes of Health 43587 See Substance Abuse and Mental Health Services Administration Federal Energy Regulatory Commission NOTICES Homeland Security Department Electric rate and corporate regulation filings, 43574–43578 See Coast Guard Environmental statements; notice of intent: See Customs and Border Protection Bureau El Paso Pipeline Group, Western Pipelines, 43578–43580 Meetings: Indian Affairs Bureau Energy Northwest; site visit, 43580 PROPOSED RULES Applications, hearings, determinations, etc.: No Child Left Behind Act; implementation: Chandeleur Pipe Line Co., 43570 No Child Left Behind Negotiated Rulemaking Dominion Transmission, Inc., 43570 Committee— Duke Energy Corp., 43570–43571 Bureau-funded school system, 43547–43548 Great Lakes Gas Transmission LP, 43571 Meetings, 43546–43547 High Island Offshore System, L.L.C., 43571–43572 NOTICES Natural Gas Pipeline Co. of America, 43572 Meetings: Questar Southern Trails Pipeline Co., 43572 Indian education topics; tribal consultation, 43622–43623 South Carolina Electric & Gas Co., 43572–43573 Southern Star Central Gas Pipeline, Inc., 43573 Interior Department TransColorado Gas Transmission Co., 43573–43574 See Fish and Wildlife Service

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See Indian Affairs Bureau National Center for Research Resources, 43609–43610 See Land Management Bureau National Center on Minority Health and Health Disparities, 43610 Internal Revenue Service National Heart, Lung, and Blood Institute, 43610 NOTICES National Institute of Allergy and Infectious Diseases, Meetings: 43611–43612 Taxpayer Advocacy Panels, 43660 National Institute of Child Health and Human Development, 43610, 43613–43614 International Trade Administration National Institute of Dental and Craniofacial Research, NOTICES 43611 Antidumping: National Institute of Environmental Health Sciences, Magnesium metal from— 43610–43614 China and Russian Federation, 43561 National Institute of Mental Health, 43614 National Institute on Aging, 43612 International Trade Commission Scientific Review Center, 43615–43617 NOTICES Import investigations: National Oceanic and Atmospheric Administration Absorbent garments, 43624 RULES Fishery conservation and management: Labor Department Alaska; fisheries of Exclusive Economic Zone— See Employment and Training Administration Pacific Ocean perch, 43536–43537 See Employment Standards Administration Atlantic highly migratory species— See Mine Safety and Health Administration Atlantic bluefin tuna, 43535 NOTICES Northeastern United States fisheries— Agency information collection activities; proposals, Northeast multispecies, 43535–43536 submissions, and approvals, 43624–43627 NOTICES Meetings: Land Management Bureau New England Fishery Management Council, 43561–43562 NOTICES Permits: Meetings: Exempted fishing, 43562–43563 Resource Advisory Councils— Arizona, 43623–43624 Nuclear Regulatory Commission Southeast Oregon, 43623 NOTICES Committees; establishment, renewal, termination, etc.: Maritime Administration Nuclear Waste Advisory Committee, 43635 NOTICES Applications, hearings, determinations, etc.: Deepwater ports; license applications: Constellation Energy Group, 43631–43633 Pearl Crossing LNG Terminal LLC, 43618–43619 Tennessee Valley Authority, 43633–43635

Mine Safety and Health Administration Office of United States Trade Representative NOTICES See Trade Representative, Office of United States Safety standard petitions: Consolidation Coal Co. et al., 43627–43629 Overseas Private Investment Corporation NOTICES National Aeronautics and Space Administration Meetings; Sunshine Act, 43635 PROPOSED RULES Federal Acquisition Regulation (FAR): Presidential Documents Performance-based service acquisition, 43711–43714 PROCLAMATIONS NOTICES Special observances: Environmental statements; notice of intent: Captive Nations Week (Proc. 7802), 43727–43728 Advanced Radioisotope Power Systems, 43629 ADMINISTRATIVE ORDERS Government agencies and employees: National Council on Disability State, Department of, delegation of certain reporting NOTICES authority to the Secretary (Memorandum of July 2, Meetings: 2004), 43721–43723 Cultural Diversity Advisory Committee, 43629–43630 State, Department of, delegation of responsibility (Memorandum of July 8, 2004), 43725 National Foundation on the Arts and the Humanities NOTICES Securities and Exchange Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 43630–43631 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 43635–43644 National Institutes of Health Chicago Board Options Exchange, Inc., 43644–43646 NOTICES Chicago Stock Exchange, Inc., 43646–43648 Agency information collection activities; proposals, Depository Trust Co., 43648–43649 submissions, and approvals, 43607 International Securities Exchange, Inc., 43649–43650 Meetings: National Securities Clearing Corp., 43650–43653 National Cancer Institute, 43607–43609 New York Stock Exchange, Inc., 43653–43655

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Small Business Administration Treasury Department NOTICES See Internal Revenue Service Disaster loan areas: NOTICES Indiana, 43655 Agency information collection activities; proposals, submissions, and approvals, 43658–43660 Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel, Separate Parts In This Issue 43655 Part II Southwestern Power Administration Interior Department, Fish and Wildlife Service, 43663– NOTICES 43692 Power rates: Sam Rayburn Dam rate schedule, 43580–43581 Part III State Department Interior Department, Fish and Wildlife Service, 43693– RULES 43710 Visas; nonimmigrant documentation: Crew list visas; elimination, 43515–43516 Part IV NOTICES International Traffic in Arms regulations; statutory Defense Department; General Services Administration; debarment, 43656 National Aeronautics and Space Administration, 43711–43714 Substance Abuse and Mental Health Services Administration Part V NOTICES Labor Department, Employment and Training Agency information collection activities; proposals, Administration, 43715–43719 submissions, and approvals, 43617–43618 Textile Agreements Implementation Committee Part VI See Committee for the Implementation of Textile Executive Office of the President, Presidential Documents, Agreements 43721–43728 Trade Representative, Office of United States NOTICES Andean Trade Preference Act: Reader Aids 2003 annual review, 43656–43657 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Transportation Department and notice of recently enacted public laws. See Federal Aviation Administration See Maritime Administration To subscribe to the Federal Register Table of Contents PROPOSED RULES LISTSERV electronic mailing list, go to http:// Economic regulations: listserv.access.gpo.gov and select Online mailing list Domestic passenger manifest information; withdrawn, archives, FEDREGTOC-L, Join or leave the list (or change 43540–43546 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 50 CFR Proclamations: 635...... 43535 7802...... 43727 648...... 43535 679 (3 documents) ...... 43536, Administrative Orders: 43537 Memorandums: Memorandum of July Proposed Rules: 2, 2004 ...... 43723 17 (2 documents) ...... 43554, Memorandum of July 43664 8, 2004 ...... 43725 20...... 43694 7 CFR 301...... 43511 Proposed Rules: 1030...... 43538 9 CFR Proposed Rules: 2...... 43538 3...... 43538 12 CFR 613...... 43511 614...... 43511 618...... 43511 14 CFR Proposed Rules: 73...... 43539 243...... 43540 16 CFR Proposed Rules: 680...... 43546 20 CFR 656...... 43716 22 CFR 41...... 43515 25 CFR Proposed Rules: Ch. I ...... 43546 30...... 43547 37...... 43547 39...... 43547 42...... 43547 44...... 43547 47...... 43547 33 CFR 100...... 43516 40 CFR 52 (3 documents) ...... 43518, 43520, 43522 81...... 43522 180...... 43525 Proposed Rules: 180...... 43548 47 CFR 73 (2 documents) ...... 43533, 43534 Proposed Rules: 73 (4 documents) ...... 43552, 43553 48 CFR Proposed Rules: 2...... 43712 7...... 43712 11...... 43712 16...... 43712 37...... 43712 39...... 43712

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Rules and Regulations Federal Register Vol. 69, No. 139

Wednesday, July 21, 2004

This section of the FEDERAL REGISTER Register on August 29, 2003 (68 FR FARM CREDIT ADMINISTRATION contains regulatory documents having general 51876–51877, Docket No. 02–121–3), we applicability and legal effect, most of which amended the regulations in § 301.64–4 12 CFR Parts 613, 614, and 618 are keyed to and codified in the Code of by removing a portion of Los Angeles Federal Regulations, which is published under RIN 3052–AC06 50 titles pursuant to 44 U.S.C. 1510. County, CA, from the list of regulated areas based on our determination that Eligibility and Scope of Financing; The Code of Federal Regulations is sold by the Mexican fruit fly had been Loan Policies and Operations; General the Superintendent of Documents. Prices of eradicated from those areas. Upon the Provisions; Credit and Related new books are listed in the first FEDERAL effective date of our August 2003 Services REGISTER issue of each week. interim rule, there were no longer any AGENCY: Farm Credit Administration. areas in California designated as ACTION: Final rule. DEPARTMENT OF AGRICULTURE regulated areas because of the Mexican fruit fly. SUMMARY: The Farm Credit Animal and Plant Health Inspection Comments on the interim rule were Administration (FCA, we, our) issues Service required to be received on or before this final rule amending regulations October 28, 2003. We did not receive governing domestic and international lending, certain intra-Farm Credit 7 CFR Part 301 any comments. Therefore, for the System (FCS or System) consent [Docket No. 02–121–4] reasons given in the interim rule, we are requirements concerning similar entity adopting the interim rule as a final rule. Mexican Fruit Fly; Removal of participation transactions, provisions of Regulated Area This action also affirms the general financing agreements (GFAs), information contained in the interim and related services. AGENCY: Animal and Plant Health rule concerning Executive Order 12866 DATES: Effective Date: This regulation Inspection Service, USDA. and the Regulatory Flexibility Act, will be effective 30 days after ACTION: Affirmation of interim rule as Executive Orders 12372 and 12988, and publication in the Federal Register final rule. the Paperwork Reduction Act. during which time either or both Houses of Congress are in session. We will SUMMARY: We are adopting as a final Further, for this action, the Office of rule, without change, an interim rule Management and Budget has waived its publish a notice of the effective date in that amended the Mexican fruit fly review under Executive Order 12866. the Federal Register. regulations by removing a portion of Los FOR FURTHER INFORMATION CONTACT: List of Subjects in 7 CFR Part 301 Angeles County, CA, from the list of Dale Aultman, Policy Analyst, Office of regulated areas and removing Agricultural commodities, Plant Policy and Analysis, Farm Credit restrictions on the interstate movement diseases and pests, Quarantine, Administration, McLean, VA 22102–5090, of regulated articles from that area. That (703) 883–4498; TTY (703) 883–4434; Reporting and recordkeeping or action was necessary to relieve requirements, Transportation. restrictions that were no longer James Morris, Senior Counsel, Office of the General Counsel, Farm Credit necessary to prevent the spread of the PART 301—DOMESTIC QUARANTINE Administration, McLean, VA 22102–5090, Mexican fruit fly into noninfested areas NOTICES (703) 883–4020, TTY (703) 883–2020. of the United States. SUPPLEMENTARY INFORMATION: DATES: The interim rule became I Accordingly, we are adopting as a final I. Objectives effective on August 26, 2003. rule, without change, the interim rule FOR FURTHER INFORMATION CONTACT: Mr. that amended 7 CFR part 301 and that The primary objectives of the final Wayne Burnett, Operations Officer, was published at 68 FR 51876–51877 on rule are to conform our regulations to Invasive Species and Pest Management, August 29, 2003. statutory amendments to the Farm PPQ, APHIS, 4700 River Road Unit 137, Credit Act of 1971, as amended (Act), Riverdale, MD 20737–1236; (301) 734– Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, and to reduce regulatory burden 6553. 2.80, and 371.3. imposed on System institutions, while SUPPLEMENTARY INFORMATION: Section 301.75–15 also issued under Sec. helping ensure compliance with the Act 204, Title II, Pub. L. 106–113, 113 Stat. and FCA regulations. We expect the rule Background 1501A–293; sections 301.75–15 and 301.75– to improve the flow of credit to System The Mexican fruit fly regulations, 16 also issued under Sec. 203, Title II, Pub. customers, make similar entity contained in 7 CFR 301.64 through L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 participation transactions less 301.64–10 (referred to below as the note). burdensome, and help ensure regulations), were established to prevent Done in Washington, DC, this 15th day of compliance with the Act and FCA the spread of the Mexican fruit fly to July 2004. regulations. noninfested areas of the United States. Kevin Shea, II. Background The regulations impose restrictions on Administrator, Animal and Plant Health On May 21, 2003, we published a the interstate movement of regulated Inspection Service. articles from the regulated areas. proposed regulation for public In an interim rule effective on August [FR Doc. 04–16542 Filed 7–20–04; 8:45 am] comment. (See 68 FR 27757.) As 26, 2003, and published in the Federal BILLING CODE 3410–34–P discussed in the proposed rule’s

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preamble, we are amending our rules to Subpart B—Financing for Banks longer needs approval from another type conform our regulations to the Act, as Operating Under Title III of the Farm of FCS institution when it participates amended by the Farm Security and Credit Act with a non-FCS lender in certain loans Rural Investment Act (Pub. L. 107–171) Sections 613.3100(b)(2)(ii) and to a similar entity. We proposed (2002 Farm Bill or FSRIA); address 613.3100(c)(1)(v)—Domestic Lending amendments to §§ 613.3200 and public comments concerning regulatory 613.3300(d) to reflect these statutory In our final rule we clarify that a bank burden; 1 and help ensure that FCS changes. In its comment on the operating under title III may finance a proposed rule, the Council stated that association lending complies with the subsidiary or other entity in which Act and our regulations. the System supports the action taken by eligible cooperatives or certain eligible FCA to amend its regulations to reflect III. Comments utilities have an ownership interest. As the changes to the Act made by the amended, § 613.3100(b)(2)(ii) clarifies FSRIA and urged their enactment. No We received comments on the that a title III bank may provide limited other comments were received on these proposed rule from the Farm Credit financing to a subsidiary or other entity proposed amendments. Accordingly, we Council (Council), four Farm Credit in which an eligible cooperative has an adopt the proposed amendments to Banks (FCBs), and an agricultural credit ownership interest. As amended, §§ 613.3200 and 613.3300(d) as final. bank. In general, commenters expressed § 613.3100(c)(1)(v) clarifies that a title III Section 613.3200(a)—International support for our efforts to reduce bank may provide limited financing to Lending regulatory burden and conform our a subsidiary or other entity in which regulations to the Act. However, the certain eligible utilities have an In our final rule we conform our Council and some FCBs asked for ownership interest. If the eligible regulations to changes in section 3.7 of cooperative or eligible utility owns less clarification or expressed concern about the Act made by FSRIA that authorize than 50 percent of the entity, then the our proposal to help ensure that FCS a bank operating under title III of the financing provided may not exceed the Act to finance certain international association lending complies with the percentage of ownership attributable to transactions involving ‘‘agricultural Act and our regulations. Another FCB the eligible cooperative or utility, supplies.’’ We amend § 613.3200(a) by requested that we eliminate the multiplied by the value of the total adding a definition of ‘‘agricultural proposal. assets of such entity. supply.’’ The definition of ‘‘agricultural After carefully considering the Section 613.3100(c)(2)—Purposes for supply’’ in § 613.3200(a)(1) includes a comments, we adopt the final rule as Financing Electric and farm supply, agriculture-related proposed with clarification of Telecommunication Utilities processing equipment, agriculture- § 614.4125(a), regarding the compliance related machinery, and other capital of FCS association lending with the Act In our final rule we clarify that a bank goods related to the storage or handling for cooperatives (BC) or agricultural and our regulations. of agricultural commodities or products. credit bank (ACB) may provide The term ‘‘farm supply,’’ which is IV. FCA’s Section-by-Section Response financing for subsidiaries of included in the new definition of to Comments cooperatives or other entities that are ‘‘agricultural supply,’’ is defined in eligible to borrow under § 613.3200(a)(2). A. Domestic Title III Lending § 613.3100(c)(1)(ii) for energy-related or Subpart C—Similar Entity Authority In response to our earlier regulatory public utility-related purposes even if such purposes would be ineligible for Under Sections 3.1(11)(B) and 4.18A of burden solicitation, CoBank, ACB financing by the Rural Utilities Service the Act (CoBank) requested that we amend (RUS) or the Rural Telephone Bank § 613.3100 concerning financing for Section 613.3300(d)—Participations and (RTB). The legislative history of the Act Other Interests in Loans to Similar domestic borrowers and asked that we clearly demonstrates that Congress Entities amend § 613.3100(c)(2) concerning intended for BCs and ACBs to provide In our final rule we amend our financing certain activities for which financing for certain limited ‘‘non act’’ regulations to conform them to changes financing might not be available under purposes.2 We amend this section to FSRIA made in the Act regarding the Rural Electrification Act. In clarify that a subsidiary that is eligible similar entity transactions.3 FCS commenting on our proposed rule, to borrow under § 613.3100(c)(1)(iii) institutions are no longer required to CoBank acknowledged our efforts to may also obtain financing for energy- obtain the approvals required by former reduce regulatory burden by providing related or public utility-related purposes § 613.3300(d). Although the FSRIA that cannot be financed by the lenders the clarifications sought. In addition, removed the statutory provisions that referred to in § 613.3100(c)(1)(ii). the Council stated that the System were the basis of the § 613.3300(d) Operation of a licensed cable television commends the FCA for responding to approval requirements, it did not utility is one example of such purpose. CoBank’s request for clarification of remove the statutory requirement that a authorities and reducing regulatory B. Conforming FCA Regulations To bank operating under title III not burden. No other comments were Reflect Recent Amendments to the Act participate in a loan to a similar entity received on these proposed FSRIA amended section 3.7 of the Act under section 3.1 if the similar entity amendments. Accordingly, we adopt the to authorize a bank operating under title has a loan or loan commitment proposed amendments at III of the Act to finance certain outstanding with an FCB or association, §§ 613.3100(b)(2)(ii), 613.3100(c)(1)(v), international transactions involving unless agreed to by the FCB or and 613.3100(c)(2) as final. ‘‘agricultural supplies,’’ and amended sections 3.1(11)(B) and 4.18A of the Act 3 ‘‘Similar entity’’ means a party that is ineligible for a loan from a Farm Credit bank or association, 1 On August 18, 1998, we published a document so that one type of FCS institution no but has operations that are functionally similar to in the Federal Register inviting the public to the activities of eligible borrowers in that a majority identify existing FCA regulations and policies that 2 ‘‘Non act’’ purpose means a purpose that is of its income is derived from, or a majority of its impose unnecessary burdens on the System. See 63 ineligible for financing by the RUS or the RTB as assets are invested in, the conduct of activities that FR 44176. described in § 613.3100(c)(1)(ii). are performed by eligible borrowers.

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association. Therefore, while we delete available must be recalculated without provide related services under title III of former § 613.3300(d) to reflect the that ineligible loan. the Act as BCs. We proposed regulations elimination of other statutory approval The Council and an FCB asked for in §§ 618.8000(b) and 618.8005(c) to requirements, we add a new section to clarification and expressed concern provide that clarification.5 In reflect this statutory requirement. New whether ‘‘minor’’ or ‘‘technical’’ 4 credit commenting on our proposed rule, § 613.3300(d) requires a bank operating administration errors could be CoBank acknowledged our efforts to under title III to obtain the agreement of interpreted by FCA as not complying reduce regulatory burden by providing an FCB or association in order to with the Act or FCA regulations, the clarifications sought. In addition, participate in a loan to a similar entity necessitating recalculation of the GFA. the Council stated that the System under title III if the similar entity has a For those reasons, another FCB commends the FCA for responding to loan or a loan commitment outstanding requested that we eliminate this CoBank’s request for clarification of with the FCB or association. Because all proposal. The intent of this rule is not authorities and reducing regulatory FCBs have transferred their direct to eliminate loans with credit burden. No other comments were lending authority to their associations, administration errors from the amount received on these proposed this provision currently requires of financing available to an association. amendments. Accordingly, we adopt the consent from associations only. Our final rule clarifies our intent to proposed amendments to §§ 618.8000(b) address ineligible loans. For example, a and 618.8005(a) and (c) as final. C. Ensure Loan Making Complies With loan would be ineligible if it violated the Act and FCA Regulations the requirements in part 613 of our Subpart A—Related Services During examinations of some System regulations or the first lien, loan-to- Section 618.8000(b)—Definitions and institutions, we have identified loans value, or lending and leasing limit Sections 618.8005(a) and (c)—Eligibility that fail to comply with various requirements of part 614 of our requirements of the Act and our regulations. In our final rule we revise regulations. The Act provides FCA §§ 618.8000(b) and 618.8005(c) to clarify broad authorities and remedies with Subpart C—Bank/Association Lending that ACBs have the same authority to respect to such ‘‘ineligible’’ loans. For Relationship offer related services under title III of example, FCA may require a direct Section 614.4125(a)—Funding and the Act as BCs, and the same authority lender association to divest itself of the Discount Relationships Between Farm to offer related services under title I of loan. In appropriate cases, FCA may use Credit Banks or Agricultural Credit the Act as FCBs. In § 618.8000(b) we its cease and desist or civil money Banks and Direct Lender Associations delete the phrase, ‘‘on-farm, aquatic, or penalty authorities. However, a review The final rule modifies the language cooperative operations’’ in order to of GFAs between FCBs and the ACB and proposed in order to provide eliminate any possible confusion about their direct lender associations has appropriate clarification. The final rule limitations on related services offerings revealed that, while most GFAs address amends § 614.4125(a) so that each GFA under title III. Similarly, in ineligible loans in some fashion, they do must require that the amount of § 618.8005(c) we delete the phrase, not all expressly prohibit funding financing available to a direct lender ‘‘appropriate to cooperative operations ineligible loans. association not be based on loans that of.’’ In § 618.8005(a) we add the phrase We proposed an amendment to are ineligible under the Act and our ‘‘appropriate to on-farm and aquatic § 614.4125(a) that, without in any way regulations. Furthermore, if financing operations’’ to the existing paragraph, in limiting our other authorities or under a GFA is based on a loan that we order to reflect the statutory limitation remedies under the Act, would mandate on related services offered under title I. that the GFA between the funding bank determine is ineligible under the Act and the direct lender association require and our regulations, then the amount of V. Regulatory Flexibility Act that the amount of financing available financing available must be recalculated without that ineligible loan. Pursuant to section 605(b) of the be based solely on loans that comply We reiterate that the new regulatory Regulatory Flexibility Act (5 U.S.C. 601 with the Act and FCA regulations. We received several comments on the requirements with respect to GFAs’ et seq.), the FCA hereby certifies that the proposal. The Council and three FCBs treatment of ineligible loans do not limit final rule will not have a significant asked for clarification of the word in any way FCA’s remedies or actions economic impact on a substantial ‘‘solely’’ in our proposal and noted that with respect to loans that do not comply number of small entities. Each of the GFAs calculate available funding on the with FCA regulations or with the Act in banks in the System, considered basis of other assets such as farmer any other respect. Nor does the addition together with its affiliated associations, notes, purchase money mortgages, of new regulatory requirements with has assets and annual income in excess acquired property, and leases in respect to GFAs’ treatment of ineligible of the amounts that would qualify them addition to loans. In the final rule, we loans limit, in any way, FCA’s remedies as small entities. Therefore, System rephrase the regulation to clarify that or actions with respect to other types of institutions are not ‘‘small entities’’ as the regulatory requirement concerning assets held by FCS institutions that fail defined in the Regulatory Flexibility GFA provisions was not meant to imply to comply with FCA regulations or with Act. the Act. that the GFA cannot include certain List of Subjects assets other than loans in calculating D. Related Services 12 CFR Part 613 available financing. In response to our earlier regulatory The Council and an FCB noted that burden solicitation discussed in Section Advertising, Aged, Agriculture, some GFAs do not provide 100-percent III above, CoBank requested clarification Banks, banking, Civil rights, Credit, Fair credit for all loans, and asked us to that it has the same authority to provide housing, Marital status discrimination, clarify that any reduction to the related services under title I of the Act Religious discrimination, Rural areas, borrowing base for an eligible loan as FCBs and the same authority to Sex discrimination, Signs and symbols. should not exceed the amount of credit given. We clarify in the final rule that 4 Examples cited included minor effective interest 5 The proposed regulation did not affect our if FCA determines that a loan is rate disclosure errors or borrowers that did not authorized related services list discussed at part ineligible, then the amount of financing receive timely interest rate change notices. 618, subpart A, of our regulations.

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12 CFR Part 614 may extend credit to entities that are 2.15, 3.0, 3.1, 3.3, 3.7, 3.8, 3.10, 3.20, 3.28, eligible to borrow under paragraph (c)(1) 4.12, 4.12A, 4.13B, 4.14, 4.14A, 4.14C, 4.14D, Agriculture, Banks, banking, Flood 4.14E, 4.18, 4.18A, 4.19, 4.25, 4.26, 4.27, insurance, Foreign trade, Reporting and of this section in order to provide electric or telecommunication services 4.28, 4.36, 4.37, 5.9, 5.10, 5.17, 7.0, 7.2, 7.6, recordkeeping requirements, Rural 7.8, 7.12, 7.13, 8.0, 8.5 of the Farm Credit Act areas. in a rural area. A subsidiary that is (12 U.S.C. 2011, 2013, 2014, 2015, 2017, eligible to borrow under paragraph 12 CFR Part 618 2018, 2019, 2071, 2073, 2074, 2075, 2091, (c)(1)(iii) of this section may also obtain 2093, 2094, 2097, 2121, 2122, 2124, 2128, Agriculture, Archives and records, financing from a bank for cooperatives 2129, 2131, 2141, 2149, 2183, 2184, 2201, Banks, banking, Insurance, Reporting or agricultural credit bank for energy- 2202, 2202a, 2202c, 2202d, 2202e, 2206, and recordkeeping requirements, Rural related or public utility-related purposes 2206a, 2207, 2211, 2212, 2213, 2214, 2219a, areas, Technical assistance. that cannot be financed by the lenders 2219b, 2243, 2244, 2252, 2279a, 2279a–2, 2279b, 2279c–1, 2279f, 2279f–1, 2279aa, I For the reasons stated in the preamble, referred to in paragraph (c)(1)(ii), including, without limitation, financing 2279aa–5); sec. 413 of Pub. L. 100–233, 101 parts 613, 614, and 618 of chapter VI, Stat. 1568, 1639. title 12 of the Code of Federal to operate a licensed cable television Regulations are amended as follows: utility. Subpart C—Bank/Association Lending * * * * * Relationship PART 613—ELIGIBILITY AND SCOPE I 3. Amend § 613.3200 as follows: OF FINANCING I a. Revise paragraph (a); and I 6. Amend § 614.4125(a) by adding a I 1. The authority citation for part 613 I b. Remove the words ‘‘farm supplies’’ second and third sentence to read as continues to read as follows: and add in their place, the words follows: ‘‘agricultural supplies’’ each place they Authority: Secs. 1.5, 1.7, 1.9, 1.10, 1.11, appear in paragraphs (b) introductory § 614.4125 Funding and discount 2.2, 2.4, 2.12, 3.1, 3.7, 3.8, 3.22, 4.18A, 4.25, relationships between Farm Credit Banks or 4.26, 4.27, 5.9, 5.17 of the Farm Credit Act text, (c) introductory text, and (c)(1). agricultural credit banks and direct lender (12 U.S.C. 2013, 2015, 2017, 2018, 2019, § 613.3200 International lending. associations. 2073, 2075, 2093, 2122, 2128, 2129, 2143, 2206a, 2211, 2212, 2213, 2243, 2252). (a) Definitions. For the purpose of this (a) * * * Each general financing section only, the following definitions agreement must require that the amount Subpart B—Financing for Banks apply: of financing available to a direct lender Operating Under Title III of the Farm (1) Agricultural supply includes: association not be based on loans that Credit Act (i) A farm supply; and are ineligible under the Act and the (ii) Agriculture-related processing regulations in this chapter. If financing I 2. Amend § 613.3100 by revising equipment, agriculture-related under a general financing agreement is paragraphs (b)(2)(ii), (c)(1)(v), and (c)(2) machinery, and other capital goods based on a loan that FCA determines is to read as follows: related to the storage or handling of ineligible under the Act and the § 613.3100 Domestic lending. agricultural commodities or products. regulations in this chapter, then the (2) Farm supply refers to an input that amount of financing available must be * * * * * is used in a farming or ranching (b) * * * recalculated without that ineligible (2) * * * operation. loan. (ii) Any legal entity in which an * * * * * * * * * * eligible cooperative (or a subsidiary or other entity in which an eligible Subpart C—Similar Entity Authority PART 618—GENERAL PROVISIONS cooperative has an ownership interest) Under Sections 3.1(11)(B) and 4.18A of has an ownership interest, provided that the Act I 7. The authority citation for part 618 if the percentage of ownership continues to read as follows: I 4. Revise § 613.3300(d) to read as attributable to the eligible cooperative is follows: Authority: Secs. 1.5, 1.11, 1.12, 2.2, 2.4, less than 50 percent, financing may not 2.5, 2.12, 3.1, 3.7, 4.12, 4.13A, 4.25, 4.29, 5.9, exceed the percentage of ownership § 613.3300 Participations and other 5.10, 5.17 of the Farm Credit Act (12 U.S.C. attributable to the eligible cooperative interests in loans to similar entities. 2013, 2019, 2020, 2073, 2075, 2076, 2093, multiplied by the value of the total 2122, 2128, 2183, 2200, 2211, 2218, 2243, * * * * * 2244, 2252). assets of such entity; or (d) Approval by other Farm Credit * * * * * System institutions. A bank for Subpart A—Related Services (c) * * * cooperatives or agricultural credit bank (1) * * * may not participate in a loan to a similar I 8. Amend § 618.8000(b) by revising the (v) Any legal entity in which an entity under title III of the Act if the first sentence to read as follows: eligible utility under paragraph (c)(1)(ii) similar entity has a loan or loan of this section (or a subsidiary or other commitment outstanding with a Farm § 618.8000 Definitions. entity in which an eligible utility under Credit Bank or an association chartered * * * * * paragraph (c)(1)(ii) has an ownership under the Act, unless agreed to by the (b) Related service means any service interest) has an ownership interest, Farm Credit Bank or association. or type of activity provided by a System provided that if the percentage of bank or association that is appropriate ownership attributable to the eligible PART 614—LOAN POLICIES AND to the recipient’s operations, including utility is less than 50 percent, financing OPERATIONS control of related financial matters. may not exceed the percentage of *** ownership attributable to the eligible I 5. The authority citation for part 614 utility multiplied by the value of the continues to read as follows: * * * * * total assets of such entity. Authority: 42 U.S.C. 4012a, 4104a, 4104b, § 618.8005 [Amended] (2) Purposes for financing. A bank for 4106, and 4128; secs. 1.3, 1.5, 1.6, 1.7, 1.9, cooperatives or agricultural credit bank 1.10, 1.11, 2.0, 2.2, 2.3, 2.4, 2.10, 2.12, 2.13, I 9. Amend § 618.8005 by:

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I a. Adding the phrase ‘‘appropriate to 2002. The requirements of 22 CFR 41.42 similar to comments made previously to on-farm and aquatic operations’’ after the are being removed in coordination with the proposed rule. A summary of the word ‘‘services’’ in paragraph (a); and the removal of similar requirements by comments received and the I b. Removing the phrase ‘‘appropriate DHS in its corresponding regulations. Department’s responses follows. to cooperative operations of’’ and adding What Are the Statutory Authorities Most of the commenters expressed in its place, the word ‘‘to’’ in paragraph Pertaining to the Crew List Visa? disappointment that the United States (c). Authority for the issuance of a crew issued the interim final rule despite Dated: July 15, 2004. list visa is derived from sections opposition from the majority of Jeanette C. Brinkley, 101(a)(15)(D) and 221(f) of the commenters. They referred to the Secretary, Farm Credit Administration Board. Immigration and Nationality Act, 8 special circumstances of seafarers, [FR Doc. 04–16553 Filed 7–20–04; 8:45 am] U.S.C. 1101(a)(15)(D) and 1201(f), which often made it difficult for them BILLING CODE 6705–01–P respectively. Section 101(a)(15)(D) to know an exact itinerary in advance. exempts aliens serving in good faith as The also mentioned the hardship for crewmen on board a vessel (other than seafarers of the waiting time to receive DEPARTMENT OF STATE a fishing vessel having its home port or a U.S. visa. Most commenters referred to an operating base in the United States, proposed ILO Convention No. 185 and 22 CFR Part 41 unless temporarily landing in Guam), or expressed the hope that the U.S. would [Public Notice: 4767] aircraft from being deemed immigrants. have encouraged widespread ratification Section 221(f), permits an alien to enter RIN 1400–AB49 of this convention by providing more the United States on the basis of a crew favorable treatment to holders of the manifest that has been visaed by a seafarers identity document proposed Documentation of Nonimmigrants consular officer. However, the latter by this convention. Previous Under the Immigration and Nationality section does not require a consular Act, as Amended—Elimination of Crew officer to visa a crew manifest and it commenters have remarked that the List Visas authorizes the officer to deny admission proposed ID could serve as a substitute for a passport and that its security AGENCY: Department of State. to any individual alien whose name features would make crew list visas ACTION: Final rule. appears on a visaed crew manifest. Further, according to the wording of more secure, even in the absence of SUMMARY: This rule adopts as final the section 221(f) the use of the visaed crew consular interviews of all crew Department’s interim final regulations list appears to have been intended members, which is typical when crew regarding the elimination of crew list principally as a temporary or emergency list visas are issued. While the visas. measure to be used only until such time Department recognizes that a seafarer’s as it becomes practicable to issue ID containing biometrics could be DATES: The interim final rule became individual documents to each member useful, it is likely to take years for such effective June 16, 2004. This rule is of a vessel’s or aircraft’s crew. a document to be developed and adopted as a final rule as of July 21, 2004. Why Has the Department Eliminated adopted widely. Further, one of the the Crew List Visa? principal reasons for requiring ADDRESSES: You may view this rule individual visas is the need, for security online at http:// The Department has eliminated the purposes, for a consular officer to frwebgate.access.gpo.gov/cgi-bin/ crew list visa for security reasons. Since personally interview each applicant. leaving.cgi?from=leavingFR.html the September 11, 2001 attacks, the Adoption of the new ID card will not Department has reviewed its regulations &log=linklog&to=http:// address the need for interviews. www.regulations.gov. to ensure that every effort is being made to screen out undesirable aliens. By Regarding difficulties for crewmen FOR FURTHER INFORMATION CONTACT: Ron eliminating the crew list visa, the obtaining individual visas caused by Acker, Legislation and Regulations last-minute scheduling, the Department Division, Visa Services, Department of Department will ensure that each recognizes the problem, but continues to State, Washington, DC 20520–0106, crewmember entering the United States believe that the security of the U.S. (202) 663–1205 or e-mail is be required to complete the [email protected]. nonimmigrant visa application forms, demands individual crew visas despite submit a valid passport and undergo an the dislocations that the requirement SUPPLEMENTARY INFORMATION: On interview and background checks. may cause initially. Nevertheless, the December 13, 2002, the Department Additionally, the Enhanced Border Department hopes that shipping published a rule (67 FR 76711) Security and Visa Entry Reform Act of companies and unions will encourage proposing to eliminate crew list visas. 2002 (Pub. L. 107–173) requires that all their employees and members to obtain After review of comments to the visas issued after October 26, 2004 have visas where there is a reasonable proposed rule, on March 18, 2004, the a biometric indicator. This means crew possibility that a crewman may be Department published an interim final list visas would necessarily be required to enter the U. S. at any time. rule which allowed a final comment eliminated by that date. The visa, once obtained, and depending period until May 17, 2004, followed by a 30 day period for further Department Did the Department Solicit Comments upon bilateral reciprocity for like review of comments. The Department is to the Interim Final Rule? documents held by U.S. seamen, will now making final the interim final rule. The Department did solicit comments, generally be valid for up to five years. DHS has authorized this regulation and 18 were received. This is in Therefore, once individual crew visas pursuant to the Memorandum of addition to the 82 comments received are obtained and used generally by Understanding Between the Secretaries earlier to the proposed rule. The text of seamen working for companies that ship of State and Homeland Security most of the comments was identical. to the U.S., there should be reasonable Concerning Implementation of Section Other letters expressed the same views. certainty that most of the crew will be 428 of the Homeland Security Act of The substance of the comments was able to enter the U.S. on short notice.

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How Did This Rule Amend the it significantly or uniquely affect small DEPARTMENT OF HOMELAND Department’s Regulations? governments. SECURITY This rule removed the Department’s Executive Order 13132: Federalism Coast Guard regulations at 22 CFR 41.42 that establish the crew list visa. By doing so, The Department finds that this 33 CFR Part 100 all crewmembers seeking to enter the regulation will not have substantial United States in that capacity are direct effects on the States, on the [CGD13–04–034] required to apply for individual crew relationship between the national RIN 1625–AA08 visas. government and the States, or the Regulatory Findings distribution of power and Special Local Regulations; Annual responsibilities among the various Kennewick, WA, Columbia Unlimited Administrative Procedure Act levels of government. Nor does the rule Hydroplane Races The Department is publishing this have federalism implications warranting AGENCY: Coast Guard, DHS. rule as a final rule, after a 60-day the application of Executive Orders No. ACTION: Temporary final rule. provision for post-promulgation public 12372 and No. 13132. comments and review, based on the SUMMARY: The Coast Guard is restricting Executive Order 12866: Regulatory ‘‘good cause’’ exceptions set forth at 5 general navigation and anchorage on the Review U.S.C. 553(b)(3)(B) and 553(d)(3). It is Columbia River by establishing a special dictated by the necessity to ensure that The Department of State considers local regulation. The Captain of the Port, every effort is being made to screen out this rule to be a ‘‘significant regulatory Portland, is taking this action to undesirable aliens; additionally, the action’’ under Executive Order 12866, safeguard individuals from safety Enhanced Border Security and Visa section 3(f), Regulatory Planning and hazards associated with hydroplanes Entry Reform Act of 2002 (Pub. L. 107– operating at a high rate of speed. Entry 173) requires that all visas issued after Review. The Department submitted the interim rule to the Office of into the area established is prohibited October 26, 2004 have a biometric unless authorized by the Captain of the Management and Budget for its review indicator, which means crew list visas Port. and there is no change in the final rule. would necessarily be eliminated by that DATES: This rule is effective from 6 a.m. date. Executive Order 12988: Civil Justice on July 23, 2004, until 9 p.m. (P.d.t.) on Regulatory Flexibility Act/Executive Reform July 25, 2004. Order 13272: Small Business ADDRESSES: Documents indicated in this The Department has reviewed the preamble as being available in the These changes to the regulations are proposed regulations in light of sections hereby certified as not expected to have docket are part of docket [CGD 13–04– 3(a) and 3(b)(2) of Executive Order No. 034] and are available for inspection or a significant effect on a substantial 12988 to eliminate ambiguity, minimize number of small entities under the copying at the U.S. Coast Guard MSO/ litigation, establish clear legal Group Portland, 6767 N. Basin Ave, criteria of the Regulatory Flexibility Act, standards, and reduce burden. 5 U.S.C. 601–612. Portland, Oregon 97217 between 7 a.m. The Paperwork Reduction Act of 1995 and 4 p.m., Monday through Friday, The Small Business Regulatory except Federal holidays. Enforcement Fairness Act of 1996 This rule does not impose information FOR FURTHER INFORMATION CONTACT: This rule is not a major rule as collection requirements under the LTJG Belen Audirsch, c/o Captain of the defined by 5 U.S.C. 804, for purposes of provisions of the Paperwork Reduction Port Portland, 6767 N. Basin Ave, congressional review of agency Act, 44 U.S.C., Chapter 35. Portland, OR 97217 at 503–240–9320. rulemaking under the Small Business SUPPLEMENTARY INFORMATION: List of Subjects in 22 CFR Part 41 Regulatory Enforcement Fairness Act of Regulatory Information 1996, Public Law 104–121. This rule Aliens, Nonimmigrants, Passports, We did not publish a notice of will not result in an annual effect on the Visas. economy of $100 million or more; a proposed rulemaking (NPRM) for this major increase in costs or prices; or In view of the foregoing, the interim regulation. Under 5 U.S.C. 553(b)(B) and adverse effects on competition, final rule that amended 22 CFR Part 41 5 U.S.C. 553(d)(3), the Coast Guard finds employment, investment, productivity, published on March 18, 2004 (69 FR that good cause exists for not publishing innovation, or the ability of United 12797) is adopted as final. an NPRM and for making this rule effective less than 30 days after States-based companies to compete with Dated: June 10, 2004. foreign based companies in domestic publication in the Federal Register. Maura Harty, and import markets. Publishing a NPRM would be contrary Assistant Secretary for Consular Affairs, to public interest since immediate The Unfunded Mandates Reform Act of Department of State. action is necessary to ensure the safety 1995 [FR Doc. 04–16468 Filed 7–20–04; 8:45 am] of vessels and spectators gathering in Section 202 of the Unfunded BILLING CODE 4710–06–P the vicinity of the hydroplane races. If Mandates Reform Act of 1995 (UFMA), normal notice and comment procedures Public Law 104–4; 109 Stat. 48; 2 U.S.C. were followed, this rule would not 1532, generally requires agencies to become effective until after the dates of prepare a statement before proposing the event. For this reason, following any rule that may result in an annual normal rulemaking procedures in this expenditure of $100 million or more by case would be impracticable and State, local, or tribal governments, or by contrary to the public interest. A final the private sector. This rule does not rule was published establishing this result in any such expenditure nor will special local regulation in 1985

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(CGD13–85–06, 50 FR 25071). A direct operated and are not dominant in their Collection of Information final rule was published in 1996 fields, and governmental jurisdictions This rule calls for no new collection amending the rule published in 1985 to with populations of less than 50,000. of information requirements under the clarify the effective dates of the event The Coast Guard certifies under 5 Paperwork Reduction Act of 1995 (44 and to revise the boundaries of the U.S.C. 605(b) that this rule will not have U.S.C. 3501–3520). regulated area. This temporary final rule a significant economic impact on a is required to again revise the size of the substantial number of small entities. Federalism regulated area and to increase the length This rule will affect the following A rule has implications for federalism of time affected by the regulation. entities, some of which may be small under Executive Order 13132, Background and Purpose entities: the owners or operators of Federalism, if it has a substantial direct The Coast Guard is restricting general vessels intending to transit the effect on State or local governments and navigation and anchorage to allow for designated area at the corresponding would either preempt State law or safe execution of the hydroplane races. time as drafted in this rule. This special impose a substantial direct cost of This regulation will be enforced from 6 local regulation will not have a compliance on them. We have analyzed a.m. (P.d.t.) until 9 p.m. (P.d.t.) on July significant economic impact on a this rule under that Order and have 23, 24, and 25, 2004. The restriction on substantial number of small entities for determined that it does not have general navigation and anchorage is the following reasons. Traffic will be implications for federalism. necessary to protect spectators from allowed to pass through the zone Unfunded Mandates Reform Act hazards associated with hydroplanes between race heats with the permission operating at high rates of speed. This of the Captain of the Port or his The Unfunded Mandates Reform Act special local regulation will be enforced designated representatives on scene, if of 1995 (2 U.S.C. 1531–1538) requires by representatives of the Captain of the safe to do so. Because the impacts of Federal agencies to assess the effects of Port, Portland, Oregon. The Captain of this rule are expected to be so minimal, their regulatory actions not specifically the Port may be assisted by other federal the Coast Guard certifies under 5 U.S.C. required by law. In particular, the Act and local agencies. 605(b) of the Regulatory Flexibility Act addresses actions that may result in the (5 U.S.C. 601–612) that this rule will not expenditure by a State, local, or tribal Discussion of Rule have a significant economic impact on government, in the aggregate, or by the This rule, for safety concerns, will a substantial number of small entities. private sector of $100,000,000 or more in any one year. Although this rule does control personnel and individual If you think that your business, not result in such an expenditure, we do movements in a regulated area organization, or governmental discuss the effects of this rule elsewhere surrounding the Columbia Cup jurisdiction qualifies as a small entity in this preamble. Unlimited Hydroplane Races. Entry into that this rule would have a significant this zone is prohibited unless economic impact on it, please submit a Taking of Private Property authorized by the Captain of the Port, comment (see ADDRESSES) explaining This rule will not effect a taking of Portland or his designated why you think it qualifies and how and representative. Coast Guard personnel private property or otherwise have to what degree this rule would taking implications under Executive will enforce this special local economically affect it. regulation. The Captain of the Port may Order 12630, Governmental Actions and be assisted by other federal and local Assistance for Small Entities Interference with Constitutionally agencies. Protected Property Rights. Under section 213(a) of the Small Regulatory Evaluation Business Regulatory Enforcement Civil Justice Reform This rule is not a ‘‘significant Fairness Act of 1996 (Pub. L. 104–121), This rule meets applicable standards regulatory action’’ under section 3(f) of we want to assist small entities in in sections 3(a) and 3(b)(2) of Execute Executive Order 12866, Regulatory understanding the rule so that they can Order 12988, Civil Justice Reform, to Planning and Review, and does not better evaluate its effects on them and minimize litigation, eliminate require an assessment of potential costs participate in the rulemaking process. If ambiguity, and reduce burden. the rule will affect your small business, and benefits under section 6(a)(3) of that Protection of Children Order. The Office of Management and organization, or governmental Budget has not reviewed it under that jurisdiction and you have questions We have analyzed this rule under Order. It is not ‘‘significant’’ under the concerning its provisions or options for Executive Order 13045, Protection of regulatory policies and procedures of compliance, please contact the person Children from Environmental Health the Department of Homeland Security. listed in the FOR FURTHER INFORMATION Risks and Safety Risks. This rule is not The Coast Guard expects the economic CONTACT section. Small businesses may an economically significant rule and impact of this rule to be so minimal that send comments on the actions of would not create an environmental risk a full regulatory evaluation under the Federal employees who enforce, or to health or risk to safety that might regulatory policies and procedures of otherwise determine compliance with disproportionately affect children. Federal regulations to the Small DHS is unnecessary. Indian Tribal Governments Business and Agriculture Regulatory Small Entities Enforcement Ombudsman and the This rule does not have tribal Under the Regulatory Flexibility Act Regional Small Business Regulatory implications under Executive Order (5 U.S.C. 601–612), we considered Fairness Boards. The Ombudsman 13175, Consultation and Coordination whether this rule will have a significant evaluates these actions annually and with Indian Tribal Governments, economic impact on a substantial rates each agency’s responsiveness to because it would not have a substantial number of small entities. The term small business. If you wish to comment direct effect on one or more Indian ‘‘small entities’’ include small on actions by employees of the Coast tribes, on the relationship between the businesses, not-for-profit organizations Guard, call 1–888–REG–FAIR (1–888– Federal Government and Indian tribes, that are independently owned and 734–3247). or on the distribution of power and

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responsibilities between the Federal Authority: 33 U.S.C. 1233; Department of may result in expulsion from the area, Government and Indian tribes. Homeland Security Delegation No. 0170.1. citation for failure to comply, or both. Energy Effects I 2. From 6 a.m. on July 23, 2004, until Dated: July 14, 2004. 9 p.m. on July 25, 2004, temporarily Jeffrey M. Garrett, We have analyzed this rule under suspend 33 CFR 100.1303 and add Rear Admiral, U.S. Coast Guard District Executive Order 13211, Actions temporary § 100.T13–001 to read as Thirteen Commander. Concerning Regulations That follows: [FR Doc. 04–16645 Filed 7–19–04; 10:58 am] Significantly Affect Energy Supply, BILLING CODE 4910–15–P Distribution, or Use. We have § 100.T13–001 Special Local Regulations; determined that it is not a ‘‘significant Annual Kennewick, Washington, Columbia energy action’’ under that order because Unlimited Hydroplane Races. ENVIRONMENTAL PROTECTION it is not a ‘‘significant regulatory action’’ (a) This section is effective from 6 AGENCY under Executive Order 12866 and is not a.m. on July 23, until 9 p.m. on July 25, likely to have a significant adverse effect 2004. 40 CFR Part 52 on the supply, distribution, or use of (b) This section will be enforced from energy. It has not been designated by the 6 a.m. until 9 p.m. each day it is [CA287–0458; FRL–7781–9] Administrator of the Office of effective, unless sooner cancelled by the Revisions to the California State Information and Regulatory Affairs as a Patrol Commander. Implementation Plan, South Coast Air significant energy action. Therefore, it (c) This section restricts general Quality Management District does not require a Statement of Energy navigation and anchorage during the Effects under Executive Order 13211. hours it is enforced, on all waters of the AGENCY: Environmental Protection Agency (EPA). Technical Standards Columbia River bounded by two lines drawn shore to shore; the first line ACTION: Final rule. The National Technology Transfer running between position 46°14′50″ N, and Advancement Act (NTTAA) (15 119°10′23″ W and position 46°13′39″ N, SUMMARY: EPA is finalizing approval of U.S.C. 272 note) directs agencies to use 119°10′34″ W; and the second line revisions to the South Coast Air Quality voluntary consensus standards in their running between position 46°13′36″ N, Management District (SCAQMD) portion regulatory activities unless the agency 119°07′38″ W and position 46°13′10″ N, of the California State Implementation provides Congress, through the Office of 119°07′49″ W. [Datum: NAD 83]. Entry Plan (SIP). These revisions were Management and Budget, with an into this zone is a violation of proposed in the Federal Register on explanation of why using these regulations and may result in penalty March 22, 2004 and concern volatile standards would be inconsistent with action under the provisions of 33 CFR organic compound (VOC) and ammonia applicable law or otherwise impractical. 100.35. (NH3) emissions from composting and Voluntary consensus standards are (d) When deemed appropriate, the related activities. We are approving technical standards (e.g., specifications Coast Guard may establish a patrol local rules that regulate these emission of materials, performance, design, or consisting of active and auxiliary Coast sources under the Clean Air Act as operation; test methods; sampling Guard personnel and vessels in the area amended in 1990 (CAA or the Act). procedures; and related management described in paragraph (c) of this DATES: This rule is effective on August systems practices) that are developed or section. The patrol shall be under the 20, 2004. adopted by voluntary consensus direction of a Coast Guard officer or ADDRESSES: You can inspect copies of standards bodies. petty officer designated as Coast Guard the administrative record for this action This rule does not use technical Patrol Commander. The Patrol at EPA’s Region IX office during normal standards. Therefore, we did not Commander is empowered to forbid and business hours by appointment. You consider the use of voluntary consensus control the movement of vessels in the can inspect copies of the submitted SIP standards. area described in paragraph (c) of this revisions by appointment at the section. following locations: Environment (e) The Patrol Commander may Environmental Protection Agency, Region IX, The Coast Guard considered the authorize vessels to be underway in the 75 Hawthorne Street, San Francisco, CA environmental impact of this rule and area described in paragraph (c) of this 94105–3901. concluded that, under figure 2–1, section during the hours this regulation Air and Radiation Docket and Information paragraph (34)(h) of Commandant is enforced. All vessels permitted to be Center, U.S. Environmental Protection Instruction M16475.1C, this rule is Agency, Room B–102, 1301 Constitution underway in the controlled area (other Avenue, NW., (Mail Code 6102T), categorically excluded from further than racing or official vessels) shall do Washington, DC 20460. environmental documentation. so only at speeds which will create California Air Resources Board, Stationary minimum wake consistent with List of Subjects in 33 CFR Part 100 Source Division, Rule Evaluation Section, maintaining steerageway, and not to 1001 ‘‘I’’ Street, Sacramento, CA 95814. Marine safety, Navigation (water), exceed seven (7) miles per hour. This South Coast Air Quality Management Reporting and recordkeeping speed limit may be adjusted at the District, 21865 East Copley Drive, Diamond requirements, Waterways. discretion of the Patrol Commander to Bar, CA 91765–4182. enhance the level of safety. A copy of the rule may also be I For the reasons discussed in the (f) A succession of sharp, short signals available via the Internet at http:// preamble, the Coast Guard amends 33 by whistle, siren, or horn from vessels www.arb.ca.gov/drdb/drdbltxt.htm. CFR part 100 as follows: patrolling the area under the direction Please be advised that this is not an EPA PART 100—SAFETY OF LIFE ON of the U.S. Coast Guard Patrol Web site and may not contain the same NAVIGABLE WATERS Commander shall serve as a signal to version of the rule that was submitted stop. Vessels signaled shall stop and to EPA. I 1. The authority citation for part 100 shall comply with the orders of the FOR FURTHER INFORMATION CONTACT: continues to read as follows: patrol vessel personnel; failure to do so Jerald S. Wamsley, EPA Region IX, at

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either (415) 947–4111, or I. Proposed Action [email protected]. On March 22, 2004 (69 FR 13272 and SUPPLEMENTARY INFORMATION: 69 FR 13225), EPA proposed to approve Throughout this document, ‘‘we,’’ ‘‘us’’ the following rules into the California and ‘‘our’’ refer to EPA. SIP.

Local agency Rule # Rule title Adopted Submitted

SCAQMD ...... 1133 Composting and Related Operations—General Administrative 01/10/03 06/05/03 Requirements. SCAQMD ...... 1133.1 Chipping and Grinding Activities ...... 01/10/03 06/05/03 SCAQMD ...... 1133.2 Emission Reductions From Co-Composting Operations ...... 01/10/03 06/05/03

We proposed to approve these rules $0.004 to $0.25 per month when passed requirements and imposes no additional because we determined that they on to air basin households. requirements beyond those imposed by complied with the relevant CAA In December 2002, SCAQMD did a state law. Accordingly, the requirements. Our proposed action Final Environmental Assessment (EA) Administrator certifies that this rule contains more information on the rules as part of their compliance with the will not have a significant economic and our evaluation. California Environmental Quality Act impact on a substantial number of small (CEQA). SCAQMD’s determined that entities under the Regulatory Flexibility II. Public Comments and EPA Rules 1133, 1133.1, and 1133.2 had no Responses Act (5 U.S.C. 601 et seq.). Because this significant environmental impacts rule approves pre-existing requirements EPA’s proposed action provided a 30- requiring mitigation. The EA reviewed under state law and does not impose day public comment period. During this potential impacts on air quality, energy, any additional enforceable duty beyond period, we received a comment from the water quality, geology, and solid/ that required by state law, it does not following party. hazardous waste, as well as, other contain any unfunded mandate or 1. Bob Engel; electronic mail dated required topics. Regarding impacts on significantly or uniquely affect small April 14, 2004. The comment is solid waste disposal, SCAQMD found governments, as described in the summarized below. that composting facilities are neither Unfunded Mandates Reform Act of 1995 Comment: Mr. Engel opposed our expected to close, nor to divert (Pub. L. 104–4). approval action because the SCAQMD composting feedstock to landfills due to rules did not consider the cumulative This rule also does not have tribal Rules 1133, 1133.1, and 1133.2. implications because it will not have a good composting does for the In sum, the rules’ compliance costs environment. He then cited several of substantial direct effect on one or more are consistent with other SCAQMD Indian tribes, on the relationship EPA’s internet Web sites related to regulations and the rules are predicted waste reduction, recycling, and their between the Federal Government and to have no negative environmental Indian tribes, or on the distribution of relationship to greenhouse gases. impacts across multiple issue areas power and responsibilities between the Finally, Mr. Engel suggested that EPA including solid waste disposal. Given Federal Government and Indian tribes, did not consider the effect of no action these conclusions and the air quality as specified by Executive Order 13175 by SCAQMD. improvement expected due to VOC and (65 FR 67249, November 9, 2000). This EPA Response: To review, SCAQMD NH3 emission reductions, we assert that action also does not have Federalism 1133, 1133.1, and 1133.2 are concerned that the rules most likely result in a net implications because it does not have with reducing VOC and NH3 emissions benefit to the environment beyond that substantial direct effects on the States, from composting that contribute to suggested by a no action alternative. ground-level ozone and secondary on the relationship between the national particulate matter. Mr. Engel’s III. EPA Action government and the States, or on the comments do not address directly these No comments were submitted that distribution of power and primary objectives of Rules 1133, change our assessment that the responsibilities among the various 1133.1, and 1133.2. Instead, the submitted rules comply with the levels of government, as specified in comments ask EPA to consider not relevant CAA requirements. Therefore, Executive Order 13132 (64 FR 43255, approving the rules because of their as authorized in section 110(k)(3) of the August 10, 1999). This action merely supposed detrimental effect on the Act, EPA is fully approving these rules approves a state rule implementing a composting industry. In the discussion into the California SIP. Federal standard, and does not alter the that follows, we review briefly relationship or the distribution of power SCAQMD supporting documents IV. Statutory and Executive Order and responsibilities established in the concerning these issues. Reviews Clean Air Act. This rule also is not As part of their rule development Under Executive Order 12866 (58 FR subject to Executive Order 13045 effort, SCAQMD did a technology 51735, October 4, 1993), this action is ‘‘Protection of Children From review of the composting industry and not a ‘‘significant regulatory action’’ and Environmental Health Risks and Safety assessed the cost-effectiveness of Rules therefore is not subject to review by the Risks’’ (62 FR 19885, April 23, 1997), 1133, 1133.1, and 1133.2. Depending on Office of Management and Budget. For because it is not economically the compliance scenario chosen, the this reason, this action is also not significant. combined cost-effectiveness per ton of subject to Executive Order 13211, In reviewing SIP submissions, EPA’s VOC and NH3 reduced ranged from ‘‘Actions Concerning Regulations That role is to approve state choices, $6487 to $15,373; figures relatively Significantly Affect Energy Supply, provided that they meet the criteria of consistent with other SCAQMD Distribution, or Use’’ (66 FR 28355, May the Clean Air Act. In this context, in the regulations. SCAQMD estimated that 22, 2001). This action merely approves absence of a prior existing requirement these compliance costs ranged from state law as meeting Federal for the State to use voluntary consensus

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standards (VCS), EPA has no authority PART 52—[AMENDED] part of the 1-hour attainment to disapprove a SIP submission for demonstration. EPA is correcting the failure to use VCS. It would thus be I 1. The authority citation for part 52 codification of the approval of these inconsistent with applicable law for continues to read as follows: revisions in accordance with the EPA, when it reviews a SIP submission, Authority: 42 U.S.C. 7401 et seq. requirements of the Clean Air Act. to use VCS in place of a SIP submission DATES: This rule is effective on August Subpart F—California that otherwise satisfies the provisions of 20, 2004. the Clean Air Act. Thus, the I In addition, EPA is vacating the stay requirements of section 12(d) of the 2. Section 52.220 is amended by adding paragraph (c)(316)(i)(D) to read as on 40 CFR 52.473, 52.1072(e) and National Technology Transfer and 52.2450(b), effective August 20, 2004. Advancement Act of 1995 (15 U.S.C. follows: ADDRESSES: Copies of the documents 272 note) do not apply. This rule does § 52.220 Identification of plan. relevant to this action are available for not impose an information collection * * * * * public inspection during normal burden under the provisions of the (c) * * * business hours at the Air Protection Paperwork Reduction Act of 1995 (44 (316) * * * Division, U.S. Environmental Protection U.S.C. 3501 et seq.). (i) * * * Agency, Region III, 1650 Arch Street, The Congressional Review Act, 5 (D) South Coast Air Quality Philadelphia, Pennsylvania 19103. U.S.C. 801 et seq., as added by the Small Management District. FOR FURTHER INFORMATION CONTACT: Business Regulatory Enforcement (1) Rule 1133 adopted on January 10, Christopher Cripps, (215) 814–2179, or Fairness Act of 1996, generally provides 2003; Rule 1133.1 adopted on January by e-mail at [email protected]. that before a rule may take effect, the 10, 2003; and, Rule 1133.2 adopted on SUPPLEMENTARY INFORMATION: agency promulgating the rule must January 10, 2003. submit a rule report, which includes a * * * * * I. What Previous Action Had Been copy of the rule, to each House of the Taken on These SIP Revisions? Congress and to the Comptroller General [FR Doc. 04–16570 Filed 7–20–04; 8:45 am] of the United States. EPA will submit a BILLING CODE 6560–50–P A. January 3, 2001 Approval report containing this rule and other On January 3, 2001 (66 FR 586), the required information to the U.S. Senate, ENVIRONMENTAL PROTECTION EPA approved the 1996–1999 ROP the U.S. House of Representatives, and AGENCY plans, an attainment date extension and the Comptroller General of the United the attainment demonstrations for the States prior to publication of the rule in 40 CFR Part 52 Washington, DC area. On July 2, 2002, the Federal Register. A major rule the United States Courts of Appeals for cannot take effect until 60 days after it [DC–2025, MD–3064, VA–5052; DC052–7007, the District of Columbia Circuit (the is published in the Federal Register. MD143–3102, VA129–5065; FRC–7790–5] Circuit Court) vacated our January 3, This action is not a ‘‘major rule’’ as Approval and Promulgation of Air 2001, approval of the attainment defined by 5 U.S.C. 804(2). Quality Implementation Plans; District demonstration, 1996–1999 ROP plan Under section 307(b)(1) of the Clean of Columbia; Maryland; Virginia; and extension of the attainment date. Air Act, petitions for judicial review of Technical Amendment See Sierra Club v. Whitman, 294 F.3d this action must be filed in the United 155, 163 (D.C. Cir. 2002). States Court of Appeals for the AGENCY: Environmental Protection B. April 17, 2003 Conditional Approval appropriate circuit by September 20, Agency (EPA). 2004. Filing a petition for ACTION: Final rule; technical In response to the Circuit Court’s July reconsideration by the Administrator of amendment. 2002 ruling, on January 24, 2003, the this final rule does not affect the finality EPA published a final action (68 FR of this rule for the purposes of judicial SUMMARY: EPA is taking final action to 3410) determining that the Washington review nor does it extend the time remove codification of certain State area failed to attain the serious ozone within which a petition for judicial Implementation Plan (SIP) approvals nonattainment deadline of November review may be filed, and shall not vacated by United States Court of 15, 1999, and reclassified the postpone the effectiveness of such rule Appeals for the District of Columbia Washington area to severe ozone or action. This action may not be Circuit and remanded to EPA. EPA is nonattainment by operation of law. challenged later in proceedings to also concurrently vacating an indefinite On February 3, 2003, the EPA enforce its requirements. (See section stay, which EPA had issued pending published a notice of proposed 307(b)(2).) completion of judicial review, of a rulemaking (68 FR 5246) regarding the conditional approval promulgated on SIP revisions covered by the vacated List of Subjects in 40 CFR Part 52 April 17, 2003. These revisions relate to January 3, 2001, final rule. On April 17, Environmental protection, Air the 1-hour ozone attainment 2003 (68 FR 19106), EPA conditionally pollution control, Incorporation by demonstration and the 1996–1999 rate- approved these same SIP revisions. On reference, Intergovernmental relations, of-progress (ROP) plans for the February 3, 2004, the Circuit Court Ozone, Reporting and recordkeeping Metropolitan Washington DC ozone issued an opinion to vacate our requirements, Volatile organic nonattainment area (the Washington conditional approval of the attainment compounds. area) submitted by the District of demonstration, and ROP plan. See Dated: June 17, 2004. Columbia’s Department of Health (DoH), Sierra Club v. EPA, 356 F.3d at 302–04 by the Maryland Department of the (D.C. Cir. 2004). Nancy Lindsay, Environment (MDE) and by the Virginia On March 19, 2004, the Sierra Club Acting Regional Administrator, Region IX. Department of Environmental Quality filed a ‘‘Petition for Panel Rehearing’’ I Part 52, Chapter I, Title 40 of the Code (VADEQ), including enforceable requesting the Circuit Court to of Federal Regulations is amended as commitments submitted by the District reconsider one issue addressed in a follows: of Columbia, Virginia and Maryland as footnote of the opinion. This issue was

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not related to vacatur of the conditional (3) Remove and reserve paragraph (b) D. Vacating of the Stay on 40 CFR approval. in § 52.2450 ‘‘Conditional approval’’ in 52.473, 40 CFR 52.1072(e) and 40 CFR On April 15, 2004 (69 FR 19937), EPA 40 CFR part 52, subpart VV. 52.2450(b) indefinitely stayed, pending completion C. Stay of the Conditional Approval Because EPA is vacating 40 CFR of judicial review, a conditional 52.473, 40 CFR 52.1072(e) and 40 CFR approval promulgated on April 17, 2003 Because EPA is vacating the actions 52.2450(b) EPA is vacating the stay, in response to the March 19, 2004, which EPA stayed on April 15, 2004 (69 which was promulgated on April 15, petition for rehearing. In the preamble FR 19937), the need for the stay has 2004 on 40 CFR 52.473, 40 CFR to that rule, EPA stated that EPA would become moot. Concurrently with 52.1072(e) and 40 CFR 52.2450(b). lift the stay and/or vacate the vacating the April 17, 2003 final rule, conditional approval after the issuance EPA is vacating this April 15, 2004 final IV. Basis for Exception From Notice of the mandate by the Circuit Court in rule that imposed the stay on 40 CFR and Comment Rulemaking a manner consistent with any order the 52.473, 40 CFR 52.1072(e) and 40 CFR Section 553(b)(3)(B) of the Court may issue in Sierra Club v. EPA. 52.2450(b). Because EPA is vacating the Administrative Procedure Act, 5 U.S.C. See 69 FR at 19138, April 15, 2004. underlying rules—40 CFR 52.473, 40 553(b)(B), provides that, when an On April 16, 2004, Circuit Court CFR 52.1072(e) and 40 CFR agency for good cause finds that notice issued an order slightly revising the 52.2450(b)—that were stayed and public procedure are impracticable, February 3, 2004, opinion to address the indefinitely on April 15, 2004, EPA unnecessary or contrary to the public petition for rehearing and leaving its must vacate the April 15, 2004 stay interest, the agency may issue a rule decision to vacate and remand the rather than lift this stay. without providing notice and an conditional approval to EPA intact. On III. Final Action opportunity for public comment. We April 23, 2004, the Circuit Court issued have determined that there is good its mandate thereby relinquishing A. District of Columbia cause for making today’s rule final jurisdiction over this matter and EPA is amending 40 CFR part 52 to without prior proposal and opportunity remanding it to EPA. remove the codification of certain plan for comment because we are merely II. What Action Is EPA Taking Today? approvals that the United States Court correcting those portions of 40 CFR part of Appeals for the District of Columbia 52 that were stricken when the Circuit A. Actions Regarding the January 3, Court vacated our January 3, 2001 2001, Final Rule (66 FR 586) Circuit vacated and remanded to EPA. EPA is removing and reserving the approvals and our April 17, 2003 EPA is vacating the January 3, 2001 following sections or paragraphs in 40 conditional approvals and mooted the final rule (66 FR 586) by amending 40 CFR part 52, subpart J: need to continue the April 15, 2004 stay CFR part 52 to remove codification of (1) § 52.475 Extensions; of the April 17, 2003 conditional certain plan approvals that the United (2) Paragraphs (b) and (c) in § 52.476 approvals. EPA believes that notice and States Court of Appeals for the District Control strategy and rate-of-progress comment procedures would serve no of Columbia Circuit vacated and plan: ozone; and, purpose because this action is a remanded to EPA. The intended effect (3) § 52.473 Conditional Approval; nondiscretionary ministerial action of this action would be to remove and necessitated by the Circuit Court orders B. State of Maryland reserve the following in 40 CFR part 52: vacating the January 3, 2001 approvals (1) In subpart J—District of Columbia: EPA is amending 40 CFR part 52 to and our April 17, 2003 conditional § 52.475 ‘‘Extensions,’’ and paragraphs remove the codification of certain plan approvals and by the subsequent (b) and (c) in § 52.476 ‘‘Control strategy approvals that the United States Court mooting the need to continue the April and rate-of-progress plan: ozone;’’ of Appeals for the District of Columbia 15, 2004 stay of the April 17, 2003 (2) In subpart V—Maryland: Circuit vacated and remanded to EPA. conditional approvals. We find that this paragraph (a) in § 52.1078 ‘‘Extensions,’’ EPA is removing and reserving the constitutes good cause under 5 U.S.C. and paragraphs (e ) and (g) in § 52.1076 following paragraphs in 40 CFR part 52, 553(b)(3)(B). ‘‘Control strategy plans for attainment subpart V: and rate-of-progress: Ozone;’’ and, (1) Paragraph (a) in § 52.1078 V. Statutory and Executive Order (3) In subpart VV,—Virginia: Extensions; Reviews § 52.2429 ‘‘Extensions,’’ and paragraphs (2) Paragraphs (e) and (g) in § 52.1076 A. General Requirements (c) and (d) in § 52.2428 ‘‘Control Control strategy plans for attainment Strategy: Carbon monoxide and ozone.’’ and rate-of-progress: Ozone; and, Under Executive Order 12866 (58 FR (3) Paragraph (e) in § 52.1073 51735, October 4, 1993), this action is B. Actions Regarding the April 17, 2003, Approval Status. not a ‘‘significant regulatory action’’ and Final Rule (68 FR 19106) therefore is not subject to review by the EPA is vacating the April 17, 2003 C. Commonwealth of Virginia Office of Management and Budget. For final rule (68 FR 19106) by amending 40 EPA is amending 40 CFR part 52 to this reason, this action is also not CFR part 52 to remove codification of remove the codification of certain plan subject to Executive Order 13211, certain plan approvals for which the approvals that the United States Court ‘‘Actions Concerning Regulations That United States Court of Appeals for the of Appeals for the District of Columbia Significantly Affect Energy Supply, District of Columbia Circuit vacated our Circuit vacated and remanded to EPA. Distribution, or Use’’ (66 FR 28355, May final action. The intended effect of this EPA is removing and reserving the 22, 2001). This action is taken pursuant action would be to: remove and reserve following sections or paragraphs in 40 to a decision of the United States Court in 40 CFR part 52: CFR part 52, subpart VV: of Appeals for the District of Columbia (1) Remove and reserve § 52.473 (1) § 52.2429 Extensions; Circuit and merely reflects the Circuit ‘‘Conditional approval’’ in 40 CFR part (2) Paragraphs (c) and (d) in § 52.2428 Court’s action in vacating EPA’s rules 52, subpart J; Control Strategy: Carbon monoxide and approving pre-existing state (2) Remove and reserve paragraph (e) ozone; and, requirements. The vacated final rules in § 52.1072 ‘‘Conditional approval’’ in (3) Paragraph (b) in § 52.2450 merely approved state law as meeting 40 CFR part 52, subpart V; and, Conditional Approval. Federal requirements and imposed no

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additional requirements beyond those vacating EPA’s approvals and Dated: July 13, 2004. imposed by state law. The Circuit conditional approvals of a state rule Donald S. Welsh, Court’s action does not change or negate implementing a Federal standard and Regional Administrator, Region III. the pre-existing state requirements, does not alter the relationship or the I 40 CFR part 52 is amended as follows: impose any new requirements on distribution of power and sources, including small entities, nor responsibilities established in the Clean PART 52—[AMENDED] impose any additional enforceable duty Air Act. This rule also is not subject to beyond that previously required and it Executive Order 13045 ‘‘Protection of I 1. The authority citation for part 52 does not contain any unfunded mandate Children from Environmental Health continues to read as follows: or significantly or uniquely affect small Risks and Safety Risks’’ (62 FR 19885, Authority: 42 U.S.C. 7401 et seq. governments. Under these April 23, 1997), because it is not circumstances, correcting the approval economically significant. Subpart J—District of Columbia status in 40 CFR part 532 of these State This technical correction action does § 52.475 [Removed] implementation plans does not impose not involve technical standards; thus, I 2. Section 52.475 is removed and any new requirements on sources, the requirements of section 12(d) of the reserved. including small entities. Accordingly, National Technology Transfer and the Administrator certifies that this rule Advancement Act of 1995 (15 U.S.C. § 52.476 [Amended] will not have a significant economic 272 note) do not apply. This rule does I 3. Section 52.476 is amended by impact on a substantial number of small not impose an information collection removing and reserving paragraphs (b) entities under the Regulatory Flexibility burden under the provisions of the and (c). Act (5 U.S.C. 601 et seq.). Because this Paperwork Reduction Act of 1995 (44 rule merely implements the Circuit U.S.C. 3501 et seq.). Court’s order vacating EPA’s approvals Subpart V—Maryland The Congressional Review Act, 5 and conditional approvals, it does not § 52.1076 [Amended] impose any additional enforceable duty U.S.C. 801 et seq., as added by the Small I beyond that previously required and it Business Regulatory Enforcement 4. Section 52.1076 is amended by does not contain any unfunded mandate Fairness Act of 1996, generally provides removing and reserving paragraphs (e) or significantly or uniquely affect small that before a rule may take effect, the and (g). agency promulgating the rule must governments, as described in the § 52.1078 [Amended] Unfunded Mandates Reform Act of 1995 submit a rule report, which includes a I (Pub. L. 104–4). copy of the rule, to each House of the 5. Section 52.1078 is amended by Congress and to the Comptroller General removing and reserving paragraph (a). Accordingly, the Administrator of the United States. EPA will submit a certifies that this rule will not have a report containing this rule and other Subpart VV—Virginia significant economic impact on a required information to the U.S. Senate, § 52.2428 [Amended] substantial number of small entities the U.S. House of Representatives, and under the Regulatory Flexibility Act (5 the Comptroller General of the United I 6. Section 52.2428 is amended by U.S.C. 601 et seq.). Because this rule States prior to publication of the rule in removing and reserving paragraphs (c) merely reflects the Circuit Court’s the Federal Register. This rule is not a and (d). decision, removing EPA’s approval or ‘‘major rule’’ as defined by 5 U.S.C. § 52.2429 [Removed] conditional approval, it does not impose 804(2). any additional enforceable duty beyond I 7. Section 52.2429 is removed and that required by state law, it does not B. Petitions for Judicial Review reserved. contain any unfunded mandate or significantly or uniquely affect small Under section 307(b)(1) of the Clean [FR Doc. 04–16569 Filed 7–20–04; 8:45 am] governments, as described in the Air Act, petitions for judicial review of BILLING CODE 6560–50–P Unfunded Mandates Reform Act of 1995 this action must be filed in the United (Pub. L. 104–4). This rule also does not States Court of Appeals for the appropriate circuit by September 20, ENVIRONMENTAL PROTECTION have tribal implications because it will AGENCY not have a substantial direct effect on 2004. Filing a petition for reconsideration by the Administrator of one or more Indian tribes, on the 40 CFR Parts 52 and 81 relationship between the Federal this final rule does not affect the finality Government and Indian tribes, or on the of this rule for the purposes of judicial [PA209–4302; FRL–7781–3] distribution of power and review nor does it extend the time Approval and Promulgation of Air responsibilities between the Federal within which a petition for judicial Quality Implementation Plans; Government and Indian tribes, as review may be filed, and shall not Pennsylvania; Redesignation of the specified by Executive Order 13175 (65 postpone the effectiveness of such rule Hazelwood SO Nonattainment and the FR 67249, November 9, 2000). This or action. This action to vacate certain 2 Monongahela River Valley action also does not have Federalism approvals of SIP revisions submitted by Unclassifiable Areas to Attainment and implications because it does not have the District of Columbia, Maryland and Approval of the Maintenance Plan substantial direct effects on the States, Virginia may not be challenged later in on the relationship between the national proceedings to enforce its requirements. AGENCY: Environmental Protection government and the States, or on the (See section 307(b)(2).) Agency (EPA). distribution of power and List of Subjects in 40 CFR Part 52 ACTION: Final rule. responsibilities among the various levels of government, as specified in Environmental protection, Air SUMMARY: EPA is approving State Executive Order 13132 (64 FR 43255, pollution control, Intergovernmental Implementation Plan (SIP) revisions August 10, 1999). This rule merely relations, Nitrogen dioxide, Ozone, submitted by the Commonwealth of implements the Circuit Court’s orders Volatile organic compounds. Pennsylvania. These revisions include a

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regulation change to the allowable plan for both areas as a SIP revision. Unfunded Mandates Reform Act of 1995 sulfur oxide emission limits for fuel The formal SIP revision was submitted (Pub. L. 104–4). This rule also does not burning equipment, and a modeled by PADEP on behalf of the ACHD on have tribal implications because it will demonstration of attainment of the August 15, 2003. The specific details of not have a substantial direct effect on national ambient air quality standards the regulatory change to the allowable one or more Indian tribes, on the (NAAQS) for sulfur dioxide (SO2) in the sulfur oxide emission for limits for fuel relationship between the Federal Hazelwood nonattainment area and the burning equipment, the modeled Government and Indian tribes, or on the Monongahela River Valley demonstration of attainment of the distribution of power and unclassifiable area, located in the NAAQS for SO2 for the Hazelwood and responsibilities between the Federal Allegheny Air Basin in Allegheny Monongahela River Valley areas in Government and Indian tribes, as County, Pennsylvania. In addition, EPA Allegheny County, and the specified by Executive Order 13175 (65 is redesignating these areas to redesignation and maintenance plan for FR 67249, November 9, 2000). This attainment of the NAAQS for SO2, and these areas, as well as EPA’s rationale action also does not have Federalism approving a combined maintenance for its proposed action were all implications because it does not have plan for both areas as a SIP revision. provided in the April 2, 2004 NPR and substantial direct effects on the States, These SIP revisions were submitted by will not be restated here. No comments on the relationship between the national the Pennsylvania Department of were submitted to EPA on that NPR. government and the States, or on the Environmental Protection (PADEP) on distribution of power and behalf of the Allegheny County Health II. Final Action responsibilities among the various Department (ACHD). This action is EPA is approving SIP revisions levels of government, as specified in being taken in accordance with the submitted on August 15, 2003 by the Executive Order 13132 (64 FR 43255, Clean Air Act (CAA). Commonwealth of Pennsylvania on August 10, 1999). This action merely DATES: This final rule is effective on behalf of the ACHD. These SIP revisions approves a state rule implementing a August 20, 2004. include a regulation change to the Federal standard, and does not alter the ADDRESSES: Copies of the documents allowable sulfur oxide emission limits relationship or the distribution of power relevant to this action are available for for fuel burning equipment, and a and responsibilities established in the public inspection during normal modeled demonstration of attainment of Clean Air Act. This rule also is not business hours at the Air Protection the NAAQS for SO2 in the Hazelwood subject to Executive Order 13045 Division, U.S. Environmental Protection nonattainment and the Monongahela ‘‘Protection of Children From Agency, Region III, 1650 Arch Street, River Valley unclassifiable areas located Environmental Health Risks and Safety Philadelphia, Pennsylvania 19103, the in the Allegheny Air Basin, in Risks’’ (62 FR 19885, April 23, 1997), Air and Radiation Docket and Allegheny County, Pennsylvania. In because it is not economically Information Center, U.S. Environmental addition, EPA is approving the significant. Protection Agency, 1301 Constitution redesignation of these areas to In reviewing SIP submissions, EPA’s role is to approve state choices, Avenue, NW., Room B108, Washington, attainment of the NAAQS for SO2, and DC 20460, the Pennsylvania Department approving a combined maintenance provided that they meet the criteria of of Environmental Protection, Bureau of plan for both areas as a SIP revision. the Clean Air Act. In this context, in the Air Quality, P.O. Box 8468, 400 Market absence of a prior existing requirement III. Statutory and Executive Order Street, Harrisburg, Pennsylvania 17105, for the State to use voluntary consensus Reviews and the Allegheny County Health standards (VCS), EPA has no authority Department, Bureau of Environmental A. General Requirements to disapprove a SIP submission for Quality, Division of Air Quality, 301 failure to use VCS. It would thus be Under Executive Order 12866 (58 FR inconsistent with applicable law for 39th Street, Pittsburgh, Pennsylvania 51735, October 4, 1993), this action is 15201. EPA, when it reviews a SIP submission, not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission FOR FURTHER INFORMATION CONTACT: therefore is not subject to review by the that otherwise satisfies the provisions of Ellen Wentworth, (215) 814–2034, or by Office of Management and Budget. For the Clean Air Act. Thus, the e-mail at [email protected]. this reason, this action is also not requirements of section 12(d) of the SUPPLEMENTARY INFORMATION: subject to Executive Order 13211, National Technology Transfer and ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. I. Background Significantly Affect Energy Supply, 272 note) do not apply. This rule does On April 2, 2004 (69 FR 17374), EPA Distribution, or Use’’ (66 FR 28355, May not impose an information collection published a notice of proposed 22, 2001). This action merely approves burden under the provisions of the rulemaking (NPR) for the state law as meeting Federal Paperwork Reduction Act of 1995 (44 Commonwealth of Pennsylvania on requirements and imposes no additional U.S.C. 3501 et seq.). behalf of the ACHD. The NPR proposed requirements beyond those imposed by approval of a regulation change to the state law. Accordingly, the B. Submission to Congress and the allowable sulfur oxide emission limits Administrator certifies that this rule Comptroller General for fuel burning equipment, and a will not have a significant economic The Congressional Review Act, 5 modeled demonstration of attainment of impact on a substantial number of small U.S.C. 801 et seq., as added by the Small the NAAQS for SO2 in the Hazelwood entities under the Regulatory Flexibility Business Regulatory Enforcement nonattainment area and the Act (5 U.S.C. 601 et seq.). Because this Fairness Act of 1996, generally provides Monongahela River Valley rule approves pre-existing requirements that before a rule may take effect, the unclassifiable area, located in the under state law and does not impose agency promulgating the rule must Allegheny Air Basin in Allegheny any additional enforceable duty beyond submit a rule report, which includes a County. In addition the NPR also that required by state law, it does not copy of the rule, to each House of the proposed to redesignate these areas to contain any unfunded mandate or Congress and to the Comptroller General attainment of the NAAQS for SO2, and significantly or uniquely affect small of the United States. EPA will submit a to approve a combined maintenance governments, as described in the report containing this rule and other

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required information to the U.S. Senate, Dated: June 24, 2004. and B, dated August 2001, and effective the U.S. House of Representatives, and Donald S. Welsh, July 10, 2003. the Comptroller General of the United Regional Administrator, Region III. (C) Revisions to section 2104.03 of Article XXI, Rules and Regulations of States prior to publication of the rule in I 40 CFR parts 52 and 81 are amended the Allegheny County Health, effective the Federal Register. This rule is not a as follows: ‘‘major rule’’ as defined by 5 U.S.C. July 10, 2003. 804(2). PART 52—[AMENDED] (ii) Additional Material. (A) Remainder of the August 15, 2003 C. Petitions for Judicial Review I 1. The authority citation for part 52 State submittal pertaining to the continues to read as follows: revisions listed in paragraph (c)(216)(i) Under section 307(b)(1) of the Clean of this section. Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq. (B) Additional material submitted by this action must be filed in the United Subpart NN—Pennsylvania the Pennsylvania Department of States Court of Appeals for the Environmental Protection on February I appropriate circuit by September 20, 2. Section 52.2020 is amended by 12, 2004, which consists of minor 2004. Filing a petition for adding paragraph (c)(216) to read as clarifications to the Summary and reconsideration by the Administrator of follows: Responses document from the public this final rule, which approves a § 52.2020 Identification of plan. hearing, and a letter dated February 6, regulation change to the allowable 1992 which was referenced but not sulfur oxide emission limits for fuel * * * * * (c) * * * included in the August 15, 2003 SIP burning equipment, a modeled (216) Revisions to the Allegheny revision submittal. demonstration of attainment, and the portion of the Pennsylvania State I 3. Section 52.2033 is amended by redesignation and associated Implementation Plan (SIP) submitted on adding paragraph (c) to read as follows: maintenance plan for the Hazelwood August 15, 2003 by the Pennsylvania § 52.2033 Control strategy: Sulfur oxides and Monongahela River Valley areas in Department of Environmental Protection Allegheny County, Pennsylvania, does consisting of a regulatory change to * * * * * not affect the finality of this rule for the Article XXI, section 2104.03, Sulfur (c) EPA approves the attainment purposes of judicial review nor does it Oxide Emissions, a modeled demonstration State Implementation extend the time within which a petition demonstration of attainment of the Plan for the Hazelwood and for judicial review may be filed, and national ambient air quality standards Monongahela River Valley areas of the Allegheny County Air Basin in shall not postpone the effectiveness of (NAAQS) for SO2 in the Hazelwood and such rule or action. This action may not Monongahela River Valley areas of Allegheny County, submitted by the Pennsylvania Department of be challenged later in proceedings to Allegheny County, and the SO2 enforce its requirements. (See section Maintenance Plan for these areas Environmental Protection on August 15, 307(b)(2).) associated with their redesignation to 2003. attainment: PART 81—[AMENDED] List of Subjects (i) Incorporation by reference. 40 CFR Part 52 (A) Letter of August 15, 2003 from the I 1. The authority citation for Part 81 Pennsylvania Department of continues to read as follows: Environmental protection, Air Environmental Protection transmitting a pollution control, Incorporation by regulatory change to the allowable Authority: 42 U.S.C. 7401 et seq. sulfur oxide emission limits for fuel reference, Intergovernmental relations, Subpart C—Section 107 Attainment burning equipment, a modeled Reporting and recordkeeping Status Designations requirements, Sulfur oxides. demonstration of attainment, and the maintenance plan for the Hazelwood I 2. In § 81.339, the table for 40 CFR Part 81 and Monongahela River Valley areas of ‘‘Pennsylvania—SO2’’ is amended by Allegheny County, Pennsylvania. Air pollution control, National parks, revising the entry for the Allegheny (B) Maintenance Plan for Sulfur County Air Basin to read as follows: Wilderness areas. Dioxide for Southwestern Pennsylvania, Parts I through V, and Appendices A § 81.339 Pennsylvania

PENNSYLVANIA—SO2

Does not meet Does not meet Better than Designated area primary stand- secondary Cannot be national stand- ards standards classified ards

******* V. Southwest Pennsylvania Intrastate AQCR:

******* (B) Allegheny County Air Basin: (1) The areas within a two-mile radius of the Hazelwood monitor ...... X (2) That portion of Allegheny County within an eight-mile radius of the Duquesne Golf Association Club House in West Mifflin ex- cluding the nonattainment area (#1) ...... X

*******

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* * * * * FOR FURTHER INFORMATION CONTACT: EPA issued a notice pursuant to section [FR Doc. 04–16568 Filed 7–20–04; 8:45 am] Marilyn Mautz, Registration Division 408(d)(3) of FFDCA, 21 U.S.C. BILLING CODE 6560–50–P (7505C), Office of Pesticide Programs, 346a(d)(3), announcing the filing of Environmental Protection Agency, 1200 pesticide petitions (PP 2F6440 and Pennsylvania Ave., NW.,Washington, 3F6596) by Arvesta Corporation, 100 ENVIRONMENTAL PROTECTION DC 20460–0001; telephone number: First St., Suite 1700, San Francisco, CA AGENCY (703) 305–6785; e-mail 94105. That notice included a summary address:[email protected]. of the petitions prepared by Arvesta 40 CFR Part 180 SUPPLEMENTARY INFORMATION: Corporation, the registrant. There were no comments received in response to [OPP–2004–0141; FRL–7364–1] I. General Information the notice of filing. Acequinocyl; Pesticide Tolerance A. Does this Action Apply to Me? The petitions requested that 40 CFR part 180 be amended by establishing AGENCY: Environmental Protection You may be potentially affected by tolerances for combined residues of the Agency (EPA). this action if you are an agricultural insecticide acequinocyl, 3-dodecyl-1,4- producer, food manufacturer, or ACTION: Final rule. dihydro-1,4-dioxo-2-naphthyl acetate, pesticide manufacturer. Potentially and its metabolite, 2-dodecyl-3- SUMMARY: This regulation establishes affected entities may include, but are hydroxy-1,4-naphthoquinone tolerances for combined residues of not limited to: • (acequinocyl-OH), expressed as acequinocyl, 2-(acetyloxy)-3-dodecyl- Crop production (NAICS 111), acequinocyl equivalents, in or on the 1,4-naphthalenedione, and its e.g., agricultural workers; greenhouse, listed commodities as follows: metabolite, 2-dodecyl-3-hydroxy-1,4- nursery, and floriculture workers; naphthoquinone, expressed as farmers. PP 2F6440: Fruit, pome group at 0.4 • acequinocyl equivalents in or on Animal production (NAICS 112), parts per million (ppm); apple, wet almond; almond, hulls; apple, wet e.g., cattle ranchers and farmers, dairy pomace at1.0 ppm; fruit, citrus, group at pomace; citrus, oil; fat and liver of cattle farmers, livestock farmers. 0.3 ppm; orange, oil at 30 ppm; almond • cattle, goat, horse, and sheep; fruit, Food manufacturing (NAICS 311), and pistachio at 0.01 ppm; almond, citrus, group 10; fruit, pome, group 11; e.g., agricultural workers; farmers; hulls at 1.5 ppm; cattle, meat and pistachio; and strawberry. Arvesta greenhouse, nursery, and floriculture kidney at 0.01 ppm; cattle, liver and fat Corporation requested these tolerances workers; ranchers; pesticide applicators. at 0.02 ppm; and milk at 0.01 ppm. • under the Federal Food, Drug, and Pesticide manufacturing (NAICS PP 3F6595: Strawberries at 0.4 ppm Cosmetic Act (FFDCA), as amended by 32532), e.g., agricultural workers; commercial applicators; farmers; The petition, PP 2F6440, was the Food Quality Protection Act of 1996 subsequently amended to: Increase the (FQPA). greenhouse, nursery, and floriculture workers; residential users. tolerances for almond and pistachio DATES: This regulation is effective July This listing is not intended to be from 0.01 ppm to 0.02 ppm; increase the 21, 2004. Objections and requests for exhaustive, but rather provides a guide tolerance for almond hulls from 1.5 ppm hearings must be received on or before for readers regarding entities likely to be to 2.0 ppm; to decrease the tolerance for September 20, 2004. affected by this action. Other types of citrus fruit group from 0.3 ppm to 0.20 ADDRESSES: To submit a written entities not listed in this unit could also ppm; add separate tolerances for fat and objection or hearing request follow the be affected. The North American liver of goat, horse and sheep; withdraw detailed instructions as provided in Industrial Classification System the proposed tolerances for milk, and Unit VI. of the SUPPLEMENTARY (NAICS) codes have been provided to meat and kidney of cattle; and to correct INFORMATION. EPA has established a assist you and others in determining the terms for certain commodities as docket for this action under Docket ID whether this action might apply to summarized in the Table 1 of this unit. number OPP–2004–0141. All certain entities. If you have any The almond and pistachio tolerances documents in the docket are listed in questions regarding the applicability of were increased to account for the the EDOCKET index at http:// this action to a particular entity, consult combined limit of quantification (LOQ) www.epa.gov/edocket/. Although listed the person listed under FOR FURTHER of the residue analytical method for the in the index, some information is not INFORMATION CONTACT. parent and its metabolite. The LOQ for publicly available, i.e., Confidential each one is 0.01 ppm in/on each plant Business Information (CBI) or other B. How Can I Access Electronic Copies and livestock commodity, with the information whose disclosure is of this Document and Other Related exception of citrus oil, where the LOQ restricted by statute. Certain other Information? for each one is 0.5 ppm. The withdrawal material, such as copyrighted material, In addition to using EDOCKET of the proposed milk, kidney and meat is not placed on the Internet and will be (http://www.epa.gov/edocket/), you may commodities and the addition of other publicly available only in hard copy access this Federal Register document livestock commodities are based on the form. Publicly available docket electronically through the EPA Internet results of the submitted cattle feeding materials are available either under the ‘‘Federal Register’’ listings at study. electronically in EDOCKET or in hard http://www.epa.gov/fedrgstr/. A In addition, the chemical name is copy at the Public Information and frequently updated electronic version of corrected from 3-dodecyl-1,4-dihydro- Records Integrity Branch (PIRIB), Rm. 40 CFR part 180 is available on E-CFR 1,4-dioxo-2-naphthyl acetate to 2- 119, Crystal Mall #2, 1801 South Bell Beta Site Two at http:// (acetyloxy)-3-dodecyl-1,4- St., Arlington, VA. This docket facility www.gpoaccess.gov/ecfr/. naphthalenedione to be consistent with is open from 8:30 a.m. to 4 p.m., the nomenclature used in the Chemical Monday through Friday, excluding legal II. Background and Statutory Findings Abstracts Chemical Substance Index, holidays. The docket telephone number In the Federal Register of February published by the American Chemical is (703) 305–5805. 25, 2004 (69 FR 8645) (FRL–7344–7), Society.

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TABLE 1.—TOLERANCE SUMMARY

Commodity Proposed tolerance (in ppm) Amended (in ppm) Correct commodity term

Almond 0.01 0.02

Almond, hulls 1.5 2.0

Apple, wet pomace 1.0

Cattle, fat 0.02

Cattle, kidney 0.01 Withdrawn

Cattle, liver 0.02

Cattle, meat 0.01 Withdrawn

Fruit, citrus, group 0.3 0.20 Fruit, citrus, group 10

Fruit, pome group 0.4 0.40 Fruit, pome, group 11

Goat, fat 0.02

Goat, liver 0.02

Horse, fat 0.02

Horse, liver 0.02

Milk 0.01 Withdrawn

Orange, oil 30 Citrus, oil

Pistachio 0.01 0.02

Sheep, fat 0.02

Sheep, liver 0.02

Strawberries 0.4 0.40 Strawberry

Section 408(b)(2)(A)(i) of FFDCA EPA performs a number of analyses to almond hulls at 2.0 ppm; wet apple allows EPA to establish a tolerance (the determine the risks from aggregate pomace at 1.0 ppm; citrus fruit crop legal limit for a pesticide chemical exposure to pesticide residues. For group 10 at 0.20 ppm; citrus oil at 30 residue in or on a food) only if EPA further discussion of the regulatory ppm; and pome fruit crop group 11 and determines that the tolerance is ‘‘safe.’’ requirements of section 408 of FFDCA strawberry at 0.40 ppm. EPA’s Section 408(b)(2)(A)(ii) of FFDCA and a complete description of the risk assessment of exposures and risks defines ‘‘safe’’ to mean that ‘‘there is a assessment process, see the final rule on associated with establishing the reasonable certainty that no harm will Bifenthrin Pesticide Tolerances (62 FR tolerance follows. 62961, November 26, 1997) (FRL–5754– result from aggregate exposure to the A. Toxicological Profile pesticide chemical residue, including 7). EPA has evaluated the available all anticipated dietary exposures and all III. Aggregate Risk Assessment and toxicity data and considered its validity, other exposures for which there is Determination of Safety completeness, and reliability as well as reliable information.’’ This includes Consistent with section 408(b)(2)(D) the relationship of the results of the exposure through drinking water and in of FFDCA, EPA has reviewed the studies to human risk. EPA has also residential settings, but does not include available scientific data and other considered available information occupational exposure. Section relevant information in support of this concerning the variability of the 408(b)(2)(C) of FFDCA requires EPA to action. EPA has sufficient data to assess sensitivities of major identifiable give special consideration to exposure the hazards of and to make a subgroups of consumers, including of infants and children to the pesticide determination on aggregate exposure, infants and children. The nature of the chemical residue in establishing a consistent with section 408(b)(2) of toxic effects caused by acequinocyl are tolerance and to ‘‘ensure that there is a FFDCA, for tolerances for combined discussed in Table 2 of this unit as well reasonable certainty that no harm will residues of acequinocyl and its as the no observed adverse effect level result to infants and children from metabolite, acequincyl-OH, on almond, (NOAEL) and the lowest observed aggregate exposure to the pesticide pistachio, and the liver and fat of cattle, adverse effect level (LOAEL) from the chemical residue....’’ horse, goat, and sheep at 0.02 ppm; toxicity studies reviewed.

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TABLE 2.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY

Guideline No. Study type Results

870.3100 90-Day oral toxicity—rodents; mouse NOAEL = Male/Female (M/F); 16/21 milligrams/kilogram/day (mg/kg/day) LOAEL = M/F; 81/100 mg/kg/day based on hepatocyte vacuolation

870.3100 90-Day oral toxicity—rodents; rat NOAEL = M/F; 30.4/32.2 mg/kg/day LOAEL = M/F; 119.5/129.2 mg/kg/day based on increased prothrombin times in males and increased activated partial thromboplastin times in both sexes

870.3150 90-Day oral toxicity—nonrodents NOAEL = M/F; 40/40 mg/kg/day LOAEL = M/F; 160/160 mg/kg/day based on decreased body weight gains and re- duced food efficiencies in males and for female beagle dogs based on increased platelet counts

870.3200 21/28-Day dermal toxicity Systemic NOAEL = 200 mg/kg/day Systemic LOAEL = 1,000 mg/kg/day based on increased clotting factor times Dermal NOAEL= 1,000 mg/kg/day Dermal LOAEL not established

870.3700 Prenatal developmental—rodents Maternal NOAEL = 150 mg/kg/day Maternal LOAEL = 500 mg/kg/day based on signs of internal hemorrhage and in- creased incidence of clinical signs (pale eyes, piloerection, red vaginal discharge) Developmental NOAEL = 500 mg/kg/day Developmental LOAEL = 750 mg/kg/day based on increased resorptions

870.3700 Prenatal developmental—nonrodents Maternal NOAEL = 60 mg/kg/day Maternal LOAEL = 120 mg/kg/day based on treatment-related clinical signs leading to premature sacrifice (hematuria, reduced fecal output, body weight loss, and re- duced food consumption) and gross necropsy findings (pale lungs and liver, hem- orrhaging uterus, fluid in the cecum, fur in the stomach, blood stained vaginal opening, blood-stained urinary bladder contents/urine, and hair loss) Developmental NOAEL = 60 mg/kg/day Developmental LOAEL =120 mg/kg/day based on increased number of complete resorptions

870.3800 Reproduction and fertility effects Parental/Systemic NOAEL = M/F; 7.3/134 mg/kg/day Parental/Systemic LOAEL = Males; 58.9 mg/kg/day based on increased incidences of hemorrhagic effects in F1 males. Parental/Systemic LOAEL was not established for females Reproductive NOAEL = M/F; 124/136 mg/kg/day Reproductive LOAEL = was not established Offspring NOAEL = M/F; 7.3/8.7 mg/kg/day Offspring LOAEL = M/F; 58.9/69.2 mg/kg/day based on hemorrhagic effects, swol- len body parts, protruding eyes, clinical signs, delay in pupil development, and in- creased mortality post weaning

870.4100 Chronic toxicity—dogs NOAEL = M/F; 80/80 mg/kg/day LOAEL = M/F; 320/320 mg/kg/day based on premature sacrifice (inappetence, body weight loss)

870.4300 Combined chronic/carcinogenicity—rats NOAEL = M/F; 2.25/46.20 mg/kg/day LOAEL = M/F; 9.02/93.56 mg/kg/day based on enlarged eyeballs in male and fe- male rats (coagulopathy) No evidence of carcinogenicity

870.4300 Combined chronic/carcinogenicity— NOAEL = M/F; 2.7/3.5 mg/kg/day mouse LOAEL = M/F; 7.0/8.7 mg/kg/day based on clinical chemistry and microscopic non- neoplastic lesions (brown pigmented cells and perivascular inflammatory cells in liver) No evidence of carcinogenicity

870.5100 Gene mutation There was no evidence of induced mutant colonies over background

870.5300 Gene mutation There was no clear evidence of biologically significant induction of mutant colonies over background

870.5375 Chromosome aberration There was no evidence of chromosome aberrations induced over background

870.5395 Mammalian erythrocyte micronucleus test There was no statistically significant increase in the frequency of micronucleated in mice polychromatic erythrocytes in mouse bone marrow at any dose or harvest time

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TABLE 2.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued

Guideline No. Study type Results

870.7485 Metabolism and pharmacokinetics Acequinocyl exhibits marginal absorption, relatively rapid and complete excretion primarily via the bile and feces, and undergoes nearly complete metabolism to hydrolysis products and a glucuronide conjugate. There was no evidence for se- lective tissue accumulation or sequestration of acequinocyl or its metabolites in rats

870.7600 Dermal penetration Percent of dose absorbed decreased with exposure concentration indicating that saturation of absorption at/or about the high dose. Absorption at 168 hours was 12.23%, 19.75%, and 14.77% for the 0.1, 0.01, and 0.001 mg/centimeter squared (cm2 dose groups, respectively

B. Toxicological Endpoints term ‘‘special FQPA safety factor’’ refers the NOAEL to exposures (margin of The dose at which no adverse effects to those safety factors that are deemed exposure (MOE) = NOAEL/exposure) is are observed (the NOAEL) from the necessary for the protection of infants calculated and compared to the LOC. toxicology study identified as and children primarily as a result of the The linear default risk methodology appropriate for use in risk assessment is FQPA. The ‘‘default FQPA safety factor’’ (Q*) is the primary method currently used to estimate the toxicological level is the additional 10X safety factor that used by the Agency to quantify of concern (LOC). However, the lowest is mandated by the statute unless it is carcinogenic risk. The Q* approach dose at which adverse effects of concern decided that there are reliable data to assumes that any amount of exposure are identified (the LOAEL) is sometimes choose a different additional factor will lead to some degree of cancer risk. used for risk assessment if no NOAEL (potentially a traditional uncertainty A Q* is calculated and used to estimate was achieved in the toxicology study factor or a special FQPA safety factor). risk which represents a probability of selected. An uncertainty factor (UF) is For dietary risk assessment (other occurrence of additional cancer cases applied to reflect uncertainties inherent than cancer) the Agency uses the UF to (e.g., risk). An example of how such a in the extrapolation from laboratory calculate an acute or chronic reference probability risk is expressed would be to animal data to humans and in the dose (acute RfD or chronic RfD) where describe the risk as one in one hundred variations in sensitivity among members the RfD is equal to the NOAEL divided thousand (1 X 10-5), one in a million (1 of the human population as well as by an UF of 100 to account for X 10-6), or 1 in 10 million (1 X 10-7). other unknowns. An UF of 100 is interspecies and intraspecies differences Under certain specific circumstances, routinely used, 10X to account for and any traditional uncertainty factors MOE calculations will be used for the interspecies differences and 10X for deemed appropriate (RfD = NOAEL/UF). carcinogenic risk assessment. In this intraspecies differences. Where a special FQPA safety factor or non-linear approach, a ‘‘point of Three other types of safety or the default FQPA safety factor is used, departure’’ is identified below which uncertainty factors may be used: this additional factor is applied to the carcinogenic effects are not expected. ‘‘Traditional uncertainty factors;’’ the RfD by dividing the RfD by such The point of departure is typically a ‘‘special FQPA safety factor;’’ and the additional factor. The acute or chronic NOAEL based on an endpoint related to ‘‘default FQPA safety factor.’’ By the Population Adjusted Dose (aPAD or cancer effects though it may be a term ‘‘traditional uncertainty factor,’’ cPAD) is a modification of the RfD to different value derived from the dose EPA is referring to those additional accommodate this type of safety factor. response curve. To estimate risk, a ratio uncertainty factors used prior to FQPA For non-dietary risk assessments of the point of departure to exposure passage to account for database (other than cancer) the UF is used to (MOEcancer = point of departure/ deficiencies. These traditional determine the LOC. For example, when exposures) is calculated. uncertainty factors have been 100 is the appropriate UF (10X to A summary of the toxicological incorporated by the FQPA into the account for interspecies differences and endpoints for acequinocyl used for additional safety factor for the 10X for intraspecies differences) the human risk assessment is shown in protection of infants and children. The LOC is 100. To estimate risk, a ratio of Table 3 of this unit:

TABLE 3.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR ACEQUINOCYL FOR USE IN HUMAN RISK ASSESSMENT

Dose used in risk assess- ment, interspecies and Special FQPA SF and Exposure scenario intraspecies and any level of concern for risk as- Study and toxicological effects iraditional UF sessment

Acute dietary Not applicable None An endpoint of concern attributable to a single dose was not identified. An aRfD was not established

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TABLE 3.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR ACEQUINOCYL FOR USE IN HUMAN RISK ASSESSMENT—Continued

Dose used in risk assess- ment, interspecies and Special FQPA SF and Exposure scenario intraspecies and any level of concern for risk as- Study and toxicological effects iraditional UF sessment

Chronic dietary NOAEL = 2.7 FQPA SF = 1X 18-month carcinogenicity study in mice; (all populations) UF = 100X 1 cPAD = 0.027 LOAEL = 7.0 mg/kg/day based on clinical cRfD = 0.027 chemistry and microscopic nonneoplastic le- sions (brown pigmented cells and perivascular inflammatory cells in liver) NOTE: UF = uncertainty factor; FQPA SF = special FQPA safety factor; NOAEL = no observed adverse effect level; LOAEL = lowest observed adverse effect level; PAD = population adjusted dose (c = chronic) RfD = reference dose. 1 cPAD = cRfD÷FQPA SF.

C. Exposure Assessment pesticide concentrations in an index Based on the PRZM/EXAMS and SCI- 1. Dietary exposure from food and reservoir. The Screening Ground Water GROW models, the EECs of acequinocyl feed uses. There are no tolerances (SCI-GROW) model is used to predict for chronic exposures are estimated to established for residues of acequinocyl. pesticide concentrations in shallow be 0.24 parts per billion (ppb) for Risk assessments were conducted by ground water. For a screening-level surface water and 0.003 ppb for ground EPA to assess dietary exposures from assessment for surface water EPA will water. acequinocyl in food as follows: use FIRST (a tier 1 model) before using 3. From non-dietary exposure. The i. Acute exposure. Acute dietary risk PRZM/EXAMS (a tier 2 model). The term ‘‘residential exposure’’ is used in assessments are performed for a food- FIRST model is a subset of the PRZM/ this document to refer to non- use pesticide if a toxicological study has EXAMS model that uses a specific high- occupational, non-dietary exposure indicated the possibility of an effect of end runoff scenario for pesticides. Both (e.g., for lawn and garden pest control, concern occurring as a result of a one- FIRST and PRZM/EXAMS incorporate indoor pest control, termiticides, and day or single exposure. an index reservoir environment, and flea and tick control on pets). An acute exposure assessment is both models include a percent crop area Acequinocyl is not registered for use unnecessary because no such effect was factor as an adjustment to account for on any sites that would result in seen in the submitted studies. the maximum percent crop coverage residential exposure. ii. Chronic exposure. In conducting within a watershed or drainage basin. 4. Cumulative effects from substances the chronic dietary risk assessment EPA with a common mechanism of toxicity. None of these models include Section 408(b)(2)(D)(v) of FFDCA used the Dietary Exposure Evaluation consideration of the impact processing Model software with the Food requires that, when considering whether (mixing, dilution, or treatment) of raw to establish, modify, or revoke a Commodity Intake Database (DEEM- water for distribution as drinking water FCIDTM), which incorporates food tolerance, the Agency consider would likely have on the removal of ‘‘available information’’ concerning the consumption data as reported by pesticides from the source water. The respondents in the USDA 1994–1996 cumulative effects of a particular primary use of these models by the pesticide’s residues and ‘‘other and 1998 Nationwide Continuing Agency at this stage is to provide a Surveys of Food Intake by Individuals substances that have a common screen for sorting out pesticides for mechanism of toxicity.’’ (CSFII), and accumulated exposure to which it is unlikely that drinking water the chemical for each commodity. The Unlike other pesticides for which EPA concentrations would exceed human has followed a cumulative risk approach following assumptions were made for health levels of concern. the chronic exposure assessments: based on a common mechanism of Tolerance-level residues, DEEMTM ver. Since the models used are considered toxicity, EPA has not made a common 7.76 default processing factors, and 100 to be screening tools in the risk mechanism of toxicity finding as to percent crop treated (%CT) data were assessment process, the Agency does acequinocyl and any other substances used in the chronic dietary assessment. not use estimated environmental and acequinocyl does not appear to 2. Dietary exposure from drinking concentrations (EECs), which are the produce a toxic metabolite produced by water. The Agency lacks sufficient model estimates of a pesticide’s other substances. For the purposes of monitoring exposure data to complete a concentration in water. EECs derived this tolerance action, therefore, EPA has comprehensive dietary exposure from these models are used to quantify not assumed that acequinocyl has a analysis and risk assessment for drinking water exposure and risk as a common mechanism of toxicity with acequinocyl in drinking water. Because %RfD or %PAD. Instead, drinking water other substances. For information the Agency does not have levels of comparison (DWLOCs) are regarding EPA’s efforts to determine comprehensive monitoring data, calculated and used as a point of which chemicals have a common drinking water concentration estimates comparison against the model estimates mechanism of toxicity and to evaluate are made by reliance on simulation or of a pesticide’s concentration in water. the cumulative effects of such modeling taking into account data on DWLOCs are theoretical upper limits on chemicals, see the policy statements the physical characteristics of a pesticide’s concentration in drinking released by EPA’s OPP concerning acequinocyl. water in light of total aggregate exposure common mechanism determinations The Agency uses the FQPA Index to a pesticide in food and from and procedures for cumulating effects Reservoir Screening Tool (FIRST) or the residential uses. Since DWLOCs address from substances found to have a Pesticide Root Zone Model/Exposure total aggregate exposure to acequinocyl common mechanism on EPA’s web site Analysis Modeling System (PRZM/ they are further discussed on the at http://www.epa.gov/pesticides/ EXAMS) to produce estimates of aggregate risk in Unit III.E. cumulative/.

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D. Safety Factor for Infants and and hunched posture were noted at the food + residential exposure)]. This Children high dose 252.7/286.0 mg/kg/day.The allowable exposure through drinking concern is low since: water is used to calculate a DWLOC. 1.In general. Section 408 of FFDCA • provides that EPA shall apply an EPA considered these effects as A DWLOC will vary depending on the additional tenfold margin of safety for secondary as they were observed at very toxic endpoint, drinking water infants and children in the case of high doses. consumption, and body weights. Default • threshold effects to account for prenatal Other functional development tests body weights and consumption values and postnatal toxicity and the (such as pupillary reflex test at 21 days as used by the EPA’s Office of Water are completeness of the database on toxicity post partum, an open field exploration used to calculate DWLOCs: 2 liter (L)/ and exposure unless EPA determines test at 35–48 days post partum and a 70 kg (adult male), 2L/60 kg (adult based on reliable data that a different water-maze test with a learning phase female), and 1L/10 kg (child). Default margin of safety will be safe for infants and a memory phase at 35–48 days post body weights and drinking water and children. Margins of safety are partum) that were performed on pups consumption values vary on an incorporated into EPA risk assessments did not show significant differences as individual basis. This variation will be either directly through use of a MOE compared to control values even at the taken into account in more refined analysis or through using uncertainty highest dosage level. screening-level and quantitative • (safety) factors in calculating a dose Acequinocyl is a known Vitamin K drinking water exposure assessments. level that poses no appreciable risk to antagonist; neurotoxic compounds of Different populations will have different humans. In applying this provision, similar structure were not identified. DWLOCs. Generally, a DWLOC is EPA either retains the default value of 3. Conclusion. There is a complete calculated for each type of risk 10X when reliable data do not support toxicity database for acequinocyl and assessment used: acute, short-term, the choice of a different factor, or, if exposure data are complete or are intermediate-term, chronic, and cancer. reliable data are available, EPA uses a estimated based on data that reasonably When EECs for surface water and different additional safety factor value accounts for potential exposures. ground water are less than the based on the use of traditional In evaluating whether to retain the calculated DWLOCs, OPP concludes uncertainty factors and/or special FQPA 10X SF to protect infants and children with reasonable certainty that exposures safety factors, as appropriate. or to select a different safety factor, EPA to the pesticide in drinking water (when 2. Prenatal and postnatal sensitivity. considered the following factors: considered along with other sources of There is no evidence of increased i. There are no special concerns exposure for which OPP has reliable susceptibility of rat or rabbit fetuses to regarding pre- or postnatal toxicity data) would not result in unacceptable in utero exposure to acequinocyl. And, exposure. levels of aggregate human health risk at there is no qualitative and/or ii. The exposure databases (food and this time. Because OPP considers the quantitative evidence of increased drinking water) are complete and/or aggregate risk resulting from multiple susceptibility to acequinocyl following employ conservative assumptions. exposure pathways associated with a pre/postnatal exposure in a 2-generation iii. There is no residential exposure. pesticide’s uses, levels of comparison in reproduction study in rats. There is no iv. The risk assessments cover or drinking water may vary as those uses concern for developmental approximate all the metabolites and change. If new uses are added in the neurotoxicity resulting from exposure to degradates of concern. future, OPP will reassess the potential acequinocyl; a DNT study is not v. The assessments do not impacts of residues of the pesticide in required. underestimate the potential risk for drinking water as a part of the aggregate There is an apparent qualitative infants and children. risk assessment process. increase in susceptibility in the rat and vi. The toxicity database is complete. 1. Acute risk. Acequinocyl is not rabbit developmental studies as Therefore, it is concluded that 1X is expected to pose an acute risk because indicated by increases in resorptions adequate to protect infants and children. no acute effects were observed in the that occurred at the same or higher dose submitted studies. that caused maternal toxicity, but the E. Aggregate Risks and Determination of 2. Chronic risk. Using the exposure concern is low since: Safety assumptions described in this unit for • The fetal effects were noted in the To estimate total aggregate exposure chronic exposure, EPA has concluded presence of maternal toxicity. to a pesticide from food, drinking water, that exposure to acequinocyl from food • There are no residual uncertainties and residential uses, the Agency will utilize 4.2% of the cPAD for the for pre- and/or postnatal toxicity since calculates DWLOCs which are used as a U.S. population, 14% of the cPAD for the database is complete. point of comparison against EECs. all infants less than 1 year old, and 23 Effects that could be indicative of DWLOC values are not regulatory % of the cPAD for children 1-2 years neurotoxicity were shown in two standards for drinking water. DWLOCs old. There are no residential uses for studies, the 2-generation reproduction are theoretical upper limits on a acequinocyl that result in chronic study and the subchronic rat oral pesticide’s concentration in drinking residential exposure to acequinocyl. In toxicity study. In the 2-generation water in light of total aggregate exposure addition, there is potential for chronic reproduction study, significant to a pesticide in food and residential dietary exposure to acequinocyl in reduction in startle response in F2 pups uses. In calculating a DWLOC, the drinking water. After calculating was observed in high-dose groups (58.9/ Agency determines how much of the DWLOCs and comparing them to the 69.2 mg/kg/day and 111.2/133.5 mg/kg/ acceptable exposure (i.e., the PAD) is EECs for surface and ground water, EPA day). In the subchronic rat oral toxicity available for exposure through drinking does not expect the aggregate exposure study, neurotoxicity signs such as water [e.g., allowable chronic water to exceed 100% of the cPAD, as shown decreased motor activity, piloerection, exposure (mg/kg/day) = cPAD - (average in Table 4 of this unit:

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TABLE 4.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO ACEQUINOCYL

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

U.S. Population 0.027 4.2 0.24 0.003 910

All infants ≤1year old 0.027 14 0.24 0.003 230

Children 1–2 years old 0.027 23 0.24 0.003 210

Children 3–5 years old 0.027 15 0.24 0.003 230

Children 6– 12 years old 0.027 6.5 0.24 0.003 250

Youth 13–19 years old 0.027 3.2 0.24 0.003 780

Adults 20–49 years old 0.027 2.1 0.24 0.003 920

Females 13–19 years old 0.027 2.3 0.24 0.003 790

Adults 50+ yeas old 0.027 2.4 0.24 0.003 920

3. Short-term risk. Short-term fruit commodities; an HPLC/MS/MS C. Conditions aggregate exposure takes into account method (Morse Laboratories Method The following information must be residential exposure plus chronic #Meth–135) for determining residues of submitted as conditions for product exposure to food and water (considered acequinocyl and acequinocyl-OH in/on registration related to these tolerances: to be a background-exposure level). almonds hulls and nut meats; and an the registrant will be required to submit Acequinocyl is not registered for use HPLC/MS/MS method (Morse additional confirmatory enforcement on any sites that would result in Laboratories Method #Meth–139, analytical methods and specificity residential exposure. Therefore, the Revision #2) for determining residues of testing for plants and livestock; a aggregate risk is the sum of the risk from acequinocyl and acequinocyl-OH in fat, confined rotational crop study; and a food and water, which do not exceed milk, meat, and meat-by-products. new livestock storage stability study. the Agency’s level of concern. Methods #Meth–135 and #Meth–133, 4. Intermediate-term risk. Revision #3 have each undergone V. Conclusion Intermediate-term aggregate exposure successful independent laboratory Therefore, the tolerances are takes into account residential exposure validation (ILV) trials. An ILV is not established for combined residues of plus chronic exposure to food and water required for Method #Meth–139, acequinocyl and its metabolite 2- (considered to be a background Revision#2 because the aforementioned dodecyl-3-hydroxy-1,4-naphthoquinone exposure level). ILV’s should be sufficient to cover this expressed as acequinocyl equivalents, in Acequinocyl is not registered for use method based on the similarity of all or on almond, pistachio, and fat and on any sites that would result in three methods. liver of cattle, goat, horse and sheep at residential exposure. Therefore, the Based on the available method 0.02 ppm; on almond hulls at 2.0 ppm; aggregate risk is the sum of the risk from validation data, these methods are wet apple pomace at 1.0 ppm; fruit, food and water, which do not exceed adequate for collecting residue data in/ citrus, group 10 at 0.2 ppm; citrus oil at the Agency’s level of concern. on livestock commodities, milk, pome 30 ppm; and fruit, pome, group 11 and 5. Aggregate cancer risk for U.S. and citrus fruit commodities, strawberry at 0.40 ppm. population. Acequinocyl is classified as strawberries, and tree nuts. Additional VI. Objections and Hearing Requests not likely to be carcinogenic to humans confirmatory methods for plants and and thus is not expected to pose a livestock and specificity testing of the Under section 408(g) of FFDCA, as cancer risk. analytical enforcement methods for amended by FQPA, any person may file 6. Determination of safety. Based on plants and livestock are required as an objection to any aspect of this these risk assessments, EPA concludes conditions of registration. The validated regulation and may also request a that there is a reasonable certainty that LOQ for both acequinocyl and hearing on those objections. The EPA no harm will result to the general acequinocyl-OH is 0.01 ppm in/on each procedural regulations which govern the population, and to infants and children plant and livestock commodity, with the submission of objections and requests from aggregate exposure to acequinocyl exception of citrus oil. The LOQ for for hearings appear in 40 CFR part 178. residues. each analyte in citrus oil is 0.5 ppm. Although the procedures in those IV. Other Considerations The methods may be requested from: regulations require some modification to Chief, Analytical Chemistry Branch, reflect the amendments made to FFDCA A. Analytical Enforcement Methodology Environmental Science Center, 701 by FQPA, EPA will continue to use Method validation data support the Mapes Rd., Ft. Meade, MD 20755–5350; those procedures, with appropriate following two plant methods and a telephone number: (410) 305–2905; e- adjustments, until the necessary livestock method: A high-performance mail address: [email protected]. modifications can be made. The new liquid chromatography (HPLC)/mass section 408(g) of FFDCA provides spectrometry (MS)/MS method (Morse B. International Residue Limits essentially the same process for persons Laboratories Method #Meth–133, There are no established or proposed to ‘‘object’’ to a regulation for an revision #3) for determining residues of Codex, Canadian, or Mexican maximum exemption from the requirement of a acequinocyl and acequinocyl-OH in/on residue limits (MRLs) for acequinocyl. tolerance issued by EPA under new

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section 408(d) of FFDCA, as was refund is equitable and not contrary to VII. Statutory and Executive Order provided in the old sections 408 and the purpose of this subsection.’’ For Reviews 409 of FFDCA. However, the period for additional information regarding the This final rule establishes a tolerance filing objections is now 60 days, rather waiver of these fees, you may contact under section 408(d) of FFDCA in than 30 days. James Tompkins by phone at (703) 305– response to a petition submitted to the A. What Do I Need to Do to File an 5697, by e-mail at Agency. The Office of Management and Objection or Request a Hearing? [email protected], or by mailing a Budget (OMB) has exempted these types request for information to Mr. Tompkins of actions from review under Executive You must file your objection or at Registration Division (7505C), Office Order 12866, entitled Regulatory request a hearing on this regulation in of Pesticide Programs, Environmental Planning and Review (58 FR 51735, accordance with the instructions Protection Agency, 1200 Pennsylvania October 4, 1993). Because this rule has provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460– been exempted from review under 178. To ensure proper receipt by EPA, 0001. Executive Order 12866 due to its lack of you must identify docket ID number If you would like to request a waiver significance, this rule is not subject to OPP–2004–0141in the subject line on of the tolerance objection fees, you must Executive Order 13211, Actions the first page of your submission. All mail your request for such a waiver to: Concerning Regulations That requests must be in writing, and must be James Hollins, Information Resources Significantly Affect Energy Supply, mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of Distribution, or Use (66 FR 28355, May on or before September 20, 2004. Pesticide Programs, Environmental 1. Filing the request. Your objection 22, 2001). This final rule does not Protection Agency, 1200 Pennsylvania must specify the specific provisions in contain any information collections Ave., NW., Washington, DC 20460– the regulation that you object to, and the subject to OMB approval under the grounds for the objections (40 CFR 0001. Paperwork Reduction Act (PRA), 44 178.25). If a hearing is requested, the 3. Copies for the Docket. In addition U.S.C. 3501 et seq., or impose any objections must include a statement of to filing an objection or hearing request enforceable duty or contain any the factual issues(s) on which a hearing with the Hearing Clerk as described in unfunded mandate as described under is requested, the requestor’s contentions Unit VI.A., you should also send a copy Title II of the Unfunded Mandates on such issues, and a summary of any of your request to PIRIB for its inclusion Reform Act of 1995 (UMRA) (Public evidence relied upon by the objector (40 in the official record that is described in Law 104–4). Nor does it require any CFR 178.27). Information submitted in ADDRESSES. Mail your copies, identified special considerations under Executive connection with an objection or hearing by docket ID number OPP–2004–0141, Order 12898, entitled Federal Actions to request may be claimed confidential by to: Public Information and Records Address Environmental Justice in marking any part or all of that Integrity Branch, Information Resources Minority Populations and Low-Income information as CBI. Information so and Services Division (7502C), Office of Populations (59 FR 7629, February 16, marked will not be disclosed except in Pesticide Programs, Environmental 1994); or OMB review or any Agency accordance with procedures set forth in Protection Agency, 1200 Pennsylvania action under Executive Order 13045, 40 CFR part 2. A copy of the Ave., NW., Washington, DC 20460– entitled Protection of Children from information that does not contain CBI 0001. In person or by courier, bring a Environmental Health Risks and Safety must be submitted for inclusion in the copy to the location of PIRIB described Risks (62 FR 19885, April 23, 1997). public record. Information not marked in ADDRESSES. You may also send an This action does not involve any confidential may be disclosed publicly electronic copy of your request via e- technical standards that would require by EPA without prior notice. mail to: [email protected]. Please use Agency consideration of voluntary Mail your written request to: Office of an ASCII file format and avoid the use consensus standards pursuant to section the Hearing Clerk (1900L), of special characters and any form of 12(d) of the National Technology Environmental Protection Agency, 1200 encryption. Copies of electronic Transfer and Advancement Act of 1995 Pennsylvania Ave., NW., Washington, objections and hearing requests will also (NTTAA), Public Law 104–113, section DC 20460–0001. You may also deliver be accepted on disks in WordPerfect 12(d) (15 U.S.C. 272 note). Since your request to the Office of the Hearing 6.1/8.0 or ASCII file format. Do not tolerances and exemptions that are Clerk in Suite 350, 1099 14th Street NW, include any CBI in your electronic copy. established on the basis of a petition Washington, DC. The Office of the You may also submit an electronic copy under section 408(d) of FFDCA, such as Hearing Clerk is open from 8 a.m. to 4 of your request at many Federal the tolerance in this final rule, do not p.m., Monday through Friday, excluding Depository Libraries. require the issuance of a proposed rule, the requirements of the Regulatory legal holidays. The telephone number B. When Will the Agency Grant a Flexibility Act (RFA) (5 U.S.C. 601 et for the Office of the Hearing Clerk is Request for a Hearing? (202) 5646255–. seq.) do not apply. In addition, the 2. Tolerance fee payment. If you file A request for a hearing will be granted Agency has determined that this action an objection or request a hearing, you if the Administrator determines that the will not have a substantial direct effect must also pay the fee prescribed by 40 material submitted shows the following: on States, on the relationship between CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue the national government and the States, fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility or on the distribution of power and must mail the fee to: EPA Headquarters that available evidence identified by the responsibilities among the various Accounting Operations Branch, Office requestor would, if established resolve levels of government, as specified in of Pesticide Programs, P.O. Box one or more of such issues in favor of Executive Order 13132, entitled 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account Federalism (64 FR 43255, August 10, identify the fee submission by labeling uncontested claims or facts to the 1999). Executive Order 13132 requires it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual EPA to develop an accountable process EPA is authorized to waive any fee issues(s) in the manner sought by the to ensure ‘‘meaningful and timely input requirement ‘‘when in the judgement of requestor would be adequate to justify by State and local officials in the the Administrator such a waiver or the action requested (40 CFR 178.32). development of regulatory policies that

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have federalism implications.’’ ‘‘Policies List of Subjects in 40 CFR Part 180 FEDERAL COMMUNICATIONS that have federalism implications’’ is COMMISSION defined in the Executive order to Environmental protection, include regulations that have Administrative practice and procedure, 47 CFR Part 73 Agricultural commodities, Pesticides ‘‘substantial direct effects on the States, [DA 04–2059; MB Docket No. 02–124; RM– on the relationship between the national and pests, Reporting and recordkeeping 10446] government and the States, or on the requirements. distribution of power and Radio Broadcasting Services; Amboy, responsibilities among the various Dated: July 1, 2004. CA levels of government.’’ This final rule directly regulates growers, food James Jones, AGENCY: Federal Communications processors, food handlers and food Director, Office of Pesticide Programs. Commission. retailers, not States. This action does not ACTION: Final rule. alter the relationships or distribution of I Therefore, 40 CFR chapter I is power and responsibilities established amended as follows: SUMMARY: The Audio Division, at the by Congress in the preemption request of KHWY, Inc., allots Channel provisions of section 408(n)(4) of PART 180—[AMENDED] 237A at Amboy, California, as the FFDCA. For these same reasons, the community’s first local FM service. I Agency has determined that this rule 1. The authority citation for part 180 Channel 237A can be allotted to Amboy, does not have any ‘‘tribal implications’’ continues to read as follows: California, in compliance with the as described in Executive Order 13175, Authority: 21 U.S.C. 321(q), 346a and 371. Commission’s minimum distance entitled Consultation and Coordination separation requirements with a site with Indian Tribal Governments (65 FR I 2. Section 180.599 is added to subpart restriction of 7.4 km (4.6 miles) 67249, November 6, 2000). Executive C to read as follows: northeast of Amboy. The coordinates for Order 13175, requires EPA to develop Channel 237A at Amboy, California, are an accountable process to ensure § 180.599 Acequinocyl; tolerances for 34–26–00 North Latitude and 115–40– ‘‘meaningful and timely input by tribal residues. 52 West Longitude. The Mexican officials in the development of (a) General. Tolerances for combined government has concurred in this regulatory policies that have tribal residues of the insecticide acequinocyl, allotment. A filing window for Channel 237A at Amboy, California, will not be implications.’’ ‘‘Policies that have tribal 2-(acetyloxy)-3-dodecyl-1,4- opened at this time. Instead, the issue of implications’’ is defined in the naphthalenedione, and its metabolite, 2- Executive order to include regulations opening this allotment for auction will dodecyl-3-hydroxy-1,4-naphthoquinone, that have ‘‘substantial direct effects on be addressed by the Commission in a expressed as acequinocyl equivalents in one or more Indian tribes, on the subsequent Order. or on the following commodities: relationship between the Federal DATES: Effective August 23, 2004. Government and the Indian tribes, or on Parts per FOR FURTHER INFORMATION CONTACT: the distribution of power and Commodity million Deborah Dupont, Media Bureau, (202) responsibilities between the Federal 418–2180. Government and Indian tribes.’’ This Almond ...... 0.02 SUPPLEMENTARY INFORMATION: rule will not have substantial direct This is a Almond, hulls ...... 2.0 synopsis of the Commission’s Report effects on tribal governments, on the Apple, wet pomace ...... 1.0 and Order, MB Docket No. 02–124, relationship between the Federal Cattle, fat ...... 0.02 adopted June 30, 2004, and released July Government and Indian tribes, or on the Cattle, liver ...... 0.02 8, 2004. The full text of this distribution of power and Citrus, oil ...... 30 Commission decision is available for responsibilities between the Federal Fruit, citrus, group 10 ...... 0.20 Government and Indian tribes, as Fruit, pome, group 11 ...... 0.40 inspection and copying during normal specified in Executive Order 13175. Goat, fat ...... 0.02 business hours in the FCC Information Thus, Executive Order 13175 does not Goat, liver ...... 0.02 Center, Portals II, 445 12th Street, SW., apply to this rule. Horse, fat ...... 0.02 Room CY–A257, Washington, DC 20554. The complete text of this decision may VIII. Congressional Review Act Horse, liver ...... 0.02 Pistachio ...... 0.02 also be purchased from the The Congressional Review Act, 5 Sheep, fat ...... 0.02 Commission’s duplicating contractor, U.S.C. 801 et seq., as added by the Small Sheep, liver ...... 0.02 Best Copy and Printing, Inc., 445 12th Business Regulatory Enforcement Strawberry ...... 0.40 Street, SW., Room CY–B402, Fairness Act of 1996, generally provides Washington, DC 20554, (800) 378–3160, that before a rule may take effect, the or via the company’s Web site, (b) Section 18 emergency exemptions. agency promulgating the rule must www.bcpiweb.com. [Reserved] submit a rule report, which includes a List of Subjects in 47 CFR Part 73 copy of the rule, to each House of the (c) Tolerances with regional Congress and to the Comptroller General registrations. [Reserved] Radio, Radio broadcasting. of the United States. EPA will submit a (d) Indirect or inadvertent residues. I Part 73 of title 47 of the Code of Federal report containing this rule and other [Reserved] Regulations is amended as follows: required information to the U.S. Senate, the U.S. House of Representatives, and [FR Doc. 04–16213 Filed 7–20–04; 8:45 am] PART 73—RADIO BROADCAST the Comptroller General of the United BILLING CODE 6560–50–S SERVICES States prior to publication of this final rule in the Federal Register. This final I 1. The authority citation for part 73 rule is not a ‘‘major rule’’ as defined by continues to read as follows: 5 U.S.C. 804(2). Authority: 47 U.S.C. 154, 303, 334 and 336.

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§ 73.202 [Amended] inspection and copying during normal reference coordinates for the Channel I 2. Section 73.202(b), the Table of FM business hours in the FCC Reference 259A allotment at Ilwaco, Washington, Allotments under California, is amended Information Center at Portals II, CY– are 46–18–32 and 124–02–31. The by adding Amboy, Channel 237A. A257, 445 12th Street, SW., reference coordinates for the Channel Washington, DC. The complete text of Federal Communications Commission. 283C3 allotment at Covington, this decision may also be purchased John A. Karousos, Washington, are 47–12–02 and 112–00– from the Commission’s copy contractor, 27. The reference coordinates for the Assistant Chief, Audio Division, Media Best Copy and Printing, Inc., Portals II, Bureau. Channel 261C2 allotment at Arlington, 445 12th Street, SW., Room CY–B402, Oregon, are 45–43–01 and 120–11–59. [FR Doc. 04–16612 Filed 7–20–04; 8:45 am] Washington, DC 20554, telephone 1– BILLING CODE 6712–01–U The reference coordinates for the 800–378–3160, or www.BCPIWEB.com. Channel 283C2 allotment at Moro, The Commission will send either a copy Oregon, are 45–29–03 and 120–43–48. or abstract of this Report and Order in FEDERAL COMMUNICATIONS The reference coordinates for Channel a report to be sent to Congress and the COMMISSION 236A at Trout Lake, Washington, are General Accounting Office pursuant to 46–03–10 and 121–33–47. 47 CFR Part 73 the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 [DA 04–2054; MM Docket No. 02–136; RM– 10458, RM–10663, RM–10667, RM–10668] This document also substitutes Channel 227C for Channel 226C at Radio, Radio broadcasting. Radio Broadcasting Services; Springfield-Eugene, Oregon, and I Part 73 of the Code of Federal Aberdeen, WA, Arlington, OR, Astoria, modifies the license of Station KKNU to Regulations is amended as follows: OR, Bellingham, WA, College Place, specify operation on Channel 227C. In WA, Coos Bay, OR, Covington, WA, order to accommodate Channel 230C2 at PART 73—RADIO BROADCAST Forks, WA, Fossil, OR, Gladstone, OR, Portland, it substitutes Channel 232C3 SERVICES Hermiston, OR, Hoquiam, WA, Ilwaco, for Channel 231C3 at Tillamook, WA, Kent, WA, Long Beach, WA, Oregon, and modifies the Station KTIL I 1. The authority citation for part 73 Manzanita, OR, Moro, OR, Portland, license to specify operation on Channel continues to read as follows: OR, Shoreline, WA, Springfield- 232C3. In order to accommodate Eugene, OR, Tillamook, OR, The Channel 232C3 at Tillamook, this Authority: 47 U.S.C. 154, 303, 334 and 336. Dalles, OR, Trout Lake, WA, Walla document substitutes Channel 224A for § 73.202 [Amended] Walla, WA Channel 232A at Long Beach, Washington, and modifies the Station I 2. Section 73.202(b), the Table of FM AGENCY: Federal Communications KAQX license to specify operation on Allotments under Oregon, is amended by Commission. Channel 224A. This document allots adding Arlington, Channel 261C2, by ACTION: Final rule. Channel 228C3 to Manzanita, Oregon, removing Astoria, Channel 225C1, by and Channel 259A to Ilwaco, SUMMARY: In response to removing Channel 228A and adding Counterproposals in this proceeding Washington. This document also Channel 225A at Coos Bay, by adding filed by New Northwest Broadcasters substitutes Channel 283C3 for Channel Covington, Channel 283C3, by adding LLC and jointly filed by Triple Bogey, 283C at The Dalles, Oregon, reallotts Gladstone, Channel 226C3, by adding this document grants multiple channel Channel 283C3 to Covington, Oregon, Manzanita, Channel 228C3, by adding substitutions, channel allotments and and modifies the Station KMCQ license Moro, Channel 283C1, by removing to specify Covington as the community changes of community of license in Channel 229C and adding Channel of license. This document allots Oregon and Washington. Specifically, 230C2 at Portland, by removing Channel Channel 261C2 to Arlington, Oregon, this document substitutes Channel 226C and adding Channel 227C at 226C3 for Channel 225C1 at Astoria, Channel 283C2 to Moro, Oregon, and Channel 236A to Trout Lake, Springfield-Eugene, by removing Oregon, reallots Channel 226C3 to Channel 283C at The Dalles, by removing Gladstone, Oregon, and modifies the Washington. Finally, this document denies proposals filed by Two Hearts Channel 231C3 and adding Channel Station KAST–FM license to specify 232C3 at Tillamook. operation on Channel 226C3 at Communications, LLC and Triple I Gladstone. See 67 FR 42216, June 21, Bogey, LLC. The reference coordinates 3. Section 73.202(b), the Table of FM 2002. In order to accommodate the for the Channel 230C2 allotment at Allotments, under Washington, is Channel 226C3 allotment at Gladstone, Portland, Oregon, are 45–30–58 and amended by adding Channel 259A at this document substitutes Channel 122–43–59. The reference coordinates Ilwaco, by removing Channel 232A and 230C2 for Channel 229C at Portland, for the Channel 227C allotment at adding Channel 224A at Long Beach, by Oregon, and modifies the Station KPDQ Springfield-Eugene, Oregon, are 44–00– adding Trout Lake, Channel 236A. license to specify operation on Channel 04 and 123–06–45. The reference coordinates for the Channel 225A Federal Communications Commission. 230C2. See SUPPLEMENTARY allotment at Coos Bay, Oregon, are 43– John A. Karousos, INFORMATION. 21–15 and 124–14–34. The reference Assistant Chief, Audio Division, Media DATES: Effective August 24, 2004. coordinates for the Channel 232C3 Bureau. FOR FURTHER INFORMATION CONTACT: allotment at Tillamook, Oregon, are 45– [FR Doc. 04–16603 Filed 7–20–04; 8:45 am] Robert Hayne, Media Bureau (202) 418– 27–59 and 123–55–11. The reference BILLING CODE 6712–01–P 2177. coordinates for the Channel 224A SUPPLEMENTARY INFORMATION: This is a allotment at Long Beach, Washington, synopsis of the Report and Order in MM are 46–18–51 and 124–03–07. The Docket No.02–136 adopted July 7, 2004, reference coordinates for the Channel and released July 9, 2004. The full text 228C3 allotment at Manzanita, Oregon, of this decision is available for are 45–41–05 and 123–54–38. The

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DEPARTMENT OF COMMERCE medium and giant BFT over a range harvest two BFT. Delay in increasing the from zero (on RFDs) to a maximum of retention limits would adversely affect National Oceanic and Atmospheric three per vessel to allow for maximum those General category vessels that Administration utilization of the quota for BFT. Based would otherwise have an opportunity to on a review of dealer reports, daily harvest more than one BFT per day and 50 CFR Part 635 landing trends, available quota, and the would further exacerbate the problem of [I.D. 071504A] availability of BFT on the fishing excessive quota rollovers. Large grounds, NMFS has determined that an amounts of unharvested quota may have Atlantic Highly Migratory Species; increase of the daily retention limit for negative social and economic impacts to Atlantic Bluefin Tuna Fisheries the remainder of the June through U.S. fishermen that depend upon August time-period is appropriate and catching the available quota within the AGENCY: National Marine Fisheries necessary. Current catch rates in the time periods designated in the HMS Service (NMFS), National Oceanic and General category amount to FMP. Therefore, the AA finds good Atmospheric Administration (NOAA), approximately 0.5 metric tons (mt) or cause under 5 U.S.C. 553(b)(B) to waive Commerce. two fish per day. Based on this current prior notice and the opportunity for ACTION: Atlantic bluefin tuna retention General category landings rate the June public comment. For all of the above limit adjustment. through August subquota will not be reasons, and because this action relieves filled in the remaining fishing days a restriction (i.e., allows the retention of SUMMARY: NMFS has determined that prior to the end of August, thus more fish), there is also good cause the Atlantic bluefin tuna (BFT) General resulting in an excessive quota rollover under 5 U.S.C. 553(d) to waive the delay category daily retention limit should be to the September time-period subquota. in effectiveness normally required for adjusted in order to allow for maximum This data is similar to low landings rates this action. utilization of the General category June at this time last year when it was also This action is being taken under 50 through August time-period subquota. determined that the daily retention CFR 635.23(a)(4) and is exempt from Therefore, NMFS increases the daily should be increased. Experience in prior review under Executive Order 12866. retention limit to two large medium or years has shown that the retention limit Authority: 16 U.S.C. 971 et seq. and 1801 giant BFT through August 31, 2004. increase had positive impacts on the et seq. This action is being taken to provide fishery and favorable public response, if increased opportunities to harvest the done expeditiously. Therefore, NMFS Dated: July 15, 2004. time-period General category quota. adjusts the General category daily John H. Dunnigan, DATES: Effective July 19, 2004 through retention limit through August 31 to two Director, Office of Sustainable Fisheries, National Marine Fisheries Service. August 31, 2004. large medium or giant BFT per vessel. The intent of this adjustment is to [FR Doc. 04–16578 Filed 7–16–04; 2:43 pm] FOR FURTHER INFORMATION CONTACT: Brad allow for maximum utilization by BILLING CODE 3510–22–S McHale, 978–281–9260. General category participants of the SUPPLEMENTARY INFORMATION: subquota for the June through August Regulations implemented under the time-period (specified under 50 CFR DEPARTMENT OF COMMERCE authority of the Atlantic Tunas 635.27(a)), to help achieve optimum Convention Act (16 U.S.C. 971 et seq.) yield in the General category fishery, to National Oceanic and Atmospheric and the Magnuson-Stevens Fishery collect a broad range of data for stock Administration Conservation and Management Act monitoring purposes, and to be (Magnuson-Stevens Act; 16 U.S.C. 1801 consistent with the objectives of the 50 CFR Part 648 et seq.) governing the harvest of BFT by HMS FMP. persons and vessels subject to U.S. Closures or subsequent adjustments to [Docket No. 040112010–4114–02; I.D. jurisdiction are found at 50 CFR part the daily retention limit, if any, will be 061004C] 635. Section 635.27 subdivides the U.S. published in the Federal Register. In Magnuson-Stevens Fishery BFT quota recommended by the addition, owners/operators may call the Conservation and Management Act International Commission for the Atlantic Tunas Information Line at (888) Provisions; Fisheries of the Conservation of Atlantic Tunas (ICCAT) 872–8862 or (978) 281–9305 for updates Northeastern United States; Northeast among the various domestic fishing on quota monitoring and retention limit (NE) Multispecies Fishery; Georges categories, and General category effort adjustments. controls (including time-period Bank (GB) Cod Hook Sector (Sector) subquotas and restricted fishing days Classification Operations Plan (RFDs)) are specified annually under the The Assistant Administrator for AGENCY: National Marine Fisheries procedures identified at 50 CFR Fisheries, NOAA (AA), finds that it is Service (NMFS), National Oceanic and 635.23(a) and 635.27(a). NMFS is in the impracticable and contrary to the public Atmospheric Administration (NOAA), process of establishing the 2004 annual interest to provide prior notice of, and Commerce. BFT quota specifications. Consistent an opportunity for public comment on, ACTION: Notification of Approval of with the requirements of the fishery this action. Catch rates for the 2004 BFT Sector Operations Plan and Allocation management plan and implementing season have been extremely low to date of GB Cod Total Allowable Catch (TAC). regulations, it is anticipated that time and at the current rate of landings it is period subquotas will be established for not possible that the available quota will SUMMARY: NMFS announces approval of the General category at levels similar to be harvested by August 31, 2004. NMFS an Operations Plan and Sector Contract past years. has recently become aware of a slight titled ‘‘Georges Bank Cod Hook Sector increase of BFT available on the fishing Operations Plan and Agreement’’ Adjustment of Daily Retention Limit grounds. This slight increase in (Sector Agreement), and the associated Under § 635.23 (a)(4), NMFS may abundance provides the potential to allocation of GB cod, consistent with increase or decrease the General increase landings rates if General regulations implementing Amendment category daily retention limit of large category participants are authorized to 13 to the NE Multispecies Fishery

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Management Plan (FMP). The intent is Dated: July 15, 2004. aside the remaining 350 mt as bycatch to allow regulated harvest of groundfish Alan D. Risenhoover, to support other anticipated groundfish by the Sector, consistent with the Acting Director, Office of Sustainable fisheries. In accordance with objectives of the FMP. Fisheries, National Marine Fisheries Service. § 679.20(d)(1)(iii), the Regional FOR FURTHER INFORMATION CONTACT: [FR Doc. 04–16586 Filed 7–20–04; 8:45 am] Administrator finds that this directed Thomas Warren, Fishery Policy Analyst, BILLING CODE 3510–22–S fishing allowance has been reached. (978) 281–9347, fax (978) 281–9135, e- Consequently, NMFS is prohibiting mail [email protected]. directed fishing for Pacific ocean perch SUPPLEMENTARY INFORMATION: The final DEPARTMENT OF COMMERCE in the Western Regulatory Area of the rule implementing Amendment 13 to GOA. National Oceanic and Atmospheric the FMP authorized the allocation of up Classification to 20 percent of the annual GB cod TAC Administration to the GB Cod Hook Sector. NMFS This action responds to the best provided interested parties an 50 CFR Part 679 available information recently obtained opportunity to comment on the from the fishery. The Assistant [Docket No. 031125292–4061–02; I.D. Administrator for Fisheries, NOAA, proposed Sector Agreement through 071604A] notification published in the Federal (AA), finds good cause to waive the Register on June 21, 2004 (69 FR 34335); Fisheries of the Exclusive Economic requirement to provide prior notice and additional background and details of the Zone Off Alaska; Pacific Ocean Perch opportunity for public comment Sector Agreement are contained in that in the Western Regulatory Area of the pursuant to the authority set forth at 5 notification and are not repeated here. Gulf of Alaska U.S.C. 553(b)(B) as such a requirement One comment was received, which is impracticable and contrary to the urged conservative fishery management, AGENCY: National Marine Fisheries public interest. This requirement is but which was not specifically directed Service (NMFS), National Oceanic and impracticable and contrary to the public to the proposed Sector Agreement. Atmospheric Administration (NOAA), interest as it would prevent NMFS from After consideration of the proposed Commerce. responding to the most recent fisheries Sector Agreement and the comment ACTION: Closure. data in a timely fashion and would received, NMFS has concluded that the delay the closure of the directed fishery Sector Agreement, which contains the SUMMARY: NMFS is prohibiting directed for Pacific ocean perch in the Western Sector Contract and Operations Plan, is fishing for Pacific ocean perch in the Regulatory Area of the GOA. consistent with the goals of the FMP Western Regulatory Area of the Gulf of The AA also finds good cause to and other applicable law and is in Alaska (GOA). This action is necessary waive the 30–day delay in the effective compliance with the regulations to prevent exceeding the 2004 total date of this action under 5 U.S.C. governing the development and allowable catch (TAC) of Pacific ocean 553(d)(3). This finding is based upon operation of a sector as specified under perch in this area. the reasons provided above for waiver of 50 CFR 648.87. DATES: Effective 1200 hrs, Alaska local prior notice and opportunity for public There are 58 members of the approved time (A.l.t.), July 17, 2004, through 2400 comment. Sector. As specified in Amendment 13, hrs, A.l.t., December 31, 2004. This action is required by § 679.20 and is exempt from review under the Sector’s allocation of GB cod has FOR FURTHER INFORMATION CONTACT: Josh been determined by dividing the sum of Keaton, 907–586–2778. Executive Order 12866. the total landings of GB cod by the SUPPLEMENTARY INFORMATION: NMFS Authority: 16 U.S.C. 1801 et seq. Sector members for the fishing years manages the groundfish fishery in the Dated: July 16, 2004. 1996 through 2001 (when fishing with GOA exclusive economic zone John H. Dunnigan, jigs, demersal longline, or handgear), by according to the Fishery Management the sum of the total accumulated Director, Office of Sustainable Fisheries, Plan for Groundfish of the Gulf of National Marine Fisheries Service. landings of GB cod harvested by all NE Alaska (FMP) prepared by the North multispecies vessels for the same time [FR Doc. 04–16581 Filed 7–16–04; 2:43 pm] Pacific Fishery Management Council period. Based on the landings history of BILLING CODE 3510–22–S under authority of the Magnuson- the 58 Sector members, the approved Stevens Fishery Conservation and Sector TAC of GB cod is 371 mt, which Management Act. Regulations governing DEPARTMENT OF COMMERCE is 12.587 percent of the total GB cod fishing by U.S. vessels in accordance TAC. Letters of Authorization will be with the FMP appear at subpart H of 50 National Oceanic and Atmospheric issued to each member of the Sector CFR part 600 and 50 CFR part 679. Administration exempting them, conditional upon their The 2004 TAC specified for Pacific compliance with the Sector Agreement, ocean perch in the Western Regulatory 50 CFR Part 679 from the GB cod possession restrictions Area of the GOA is 2,520 metric tons and the requirements of the Gulf of [Docket No. 031125292–4061–02; I.D. (mt) as established by the 2004 harvest 071604B] Maine trip limit exemption program, specifications for groundfish of the GOA limits on the number of hooks, and the (69 FR 9261, February 27, 2004). Fisheries of the Exclusive Economic GB Seasonal Closure Area, as specified In accordance with § 679.20(d)(1)(i), Zone Off Alaska; Pacific Ocean Perch in §§ 648.86(b), 648.80(a)(4)(v), and the Administrator, Alaska Region, in the West Yakutat District of the Gulf 648.81(g), respectively. NMFS (Regional Administrator), has of Alaska Classification determined that the 2004 TAC for AGENCY: National Marine Fisheries This action is required by 50 CFR part Pacific ocean perch in the Western Service (NMFS), National Oceanic and 648 and is exempt from review under Regulatory Area will soon be reached. Atmospheric Administration (NOAA), Executive Order 12866. Therefore, the Regional Administrator is Commerce. establishing a directed fishing ACTION: Closure. Authority: 16 U.S.C. 1801 et seq. allowance of 2,170 mt, and is setting

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SUMMARY: NMFS is prohibiting directed delay the closure of the directed fishery U.S. vessels in accordance with the FMP fishing for Pacific ocean perch in the for Pacific ocean perch in the West appear at subpart H of 50 CFR part 600 West Yakutat District of the Gulf of Yakutat District of the GOA. and 50 CFR part 679. Alaska (GOA). This action is necessary The AA also finds good cause to The 2004 TAC specified for Pacific to prevent exceeding the 2004 total waive the 30–day delay in the effective ocean perch in the Western Aleutian allowable catch (TAC) of Pacific ocean date of this action under 5 U.S.C. District of the BSAI is 4,798 metric tons perch in this area. 553(d)(3). This finding is based upon (mt) as established by the 2004 harvest DATES: Effective 1200 hrs, Alaska local the reasons provided above for waiver of specifications for groundfish of the time (A.l.t.), July 16, 2004, through 2400 prior notice and opportunity for public BSAI (69 FR 9242, February 27, 2004). hrs, A.l.t., December 31, 2004. comment. In accordance with § 679.20(d)(1)(i), This action is required by § 679.20 FOR FURTHER INFORMATION CONTACT: Josh the Administrator, Alaska Region, and is exempt from review under Keaton, 907–586–2778. NMFS (Regional Administrator), has Executive Order 12866. SUPPLEMENTARY INFORMATION: NMFS determined that the 2004 TAC for manages the groundfish fishery in the Authority: 16 U.S.C. 1801 et seq. Pacific ocean perch in the Western GOA exclusive economic zone Dated: July 16, 2004. Aleutian District will soon be reached. according to the Fishery Management John H. Dunnigan, Therefore, the Regional Administrator is establishing a directed fishing Plan for Groundfish of the Gulf of Director, Office of Sustainable Fisheries, Alaska (FMP) prepared by the North National Marine Fisheries Service. allowance of 4,000 mt, and is setting aside the remaining 798 mt as bycatch Pacific Fishery Management Council [FR Doc. 04–16580 Filed 7–16–04; 2:43 pm] to support other anticipated groundfish under authority of the Magnuson- BILLING CODE 3510–22–S Stevens Fishery Conservation and fisheries. In accordance with Management Act. Regulations governing § 679.20(d)(1)(iii), the Regional fishing by U.S. vessels in accordance DEPARTMENT OF COMMERCE Administrator finds that this directed with the FMP appear at subpart H of 50 fishing allowance has been reached. CFR part 600 and 50 CFR part 679. National Oceanic and Atmospheric Consequently, NMFS is prohibiting The 2004 TAC specified for Pacific Administration directed fishing for Pacific ocean perch ocean perch in the West Yakutat District in the Western Aleutian District of the of the GOA is 830 metric tons (mt) as 50 CFR Part 679 BSAI. established by the 2004 harvest [Docket No. 031124287–4060–02; I.D. Classification specifications for groundfish of the GOA 071604C] (69 FR 9261, February 27, 2004). This action responds to the best In accordance with § 679.20(d)(1)(i), Fisheries of the Exclusive Economic available information recently obtained the Administrator, Alaska Region, Zone Off Alaska; Pacific Ocean Perch from the fishery. The Assistant NMFS (Regional Administrator), has in the Western Aleutian District of the Administrator for Fisheries, NOAA, determined that the 2004 TAC for Bering Sea and Aleutian Islands (AA), finds good cause to waive the Pacific ocean perch in the West Yakutat requirement to provide prior notice and AGENCY: District will soon be reached. Therefore, National Marine Fisheries opportunity for public comment the Regional Administrator is Service (NMFS), National Oceanic and pursuant to the authority set forth at 5 establishing a directed fishing Atmospheric Administration (NOAA), U.S.C. 553(b)(B) as such a requirement allowance of 780 mt, and is setting aside Commerce. is impracticable and contrary to the the remaining 50 mt as bycatch to ACTION: Closure. public interest. This requirement is support other anticipated groundfish impracticable and contrary to the public SUMMARY: NMFS is prohibiting directed fisheries. In accordance with interest as it would prevent NMFS from fishing for Pacific ocean perch in the responding to the most recent fisheries § 679.20(d)(1)(iii), the Regional Western Aleutian District of the Bering Administrator finds that this directed data in a timely fashion and would Sea and Aleutian Islands management delay the closure of the directed fishery fishing allowance has been reached. area (BSAI). This action is necessary to Consequently, NMFS is prohibiting for Pacific ocean perch in the Western prevent exceeding the 2004 total Aleutian District of the BSAI. directed fishing for Pacific ocean perch allowable catch (TAC) of Pacific ocean in the West Yakutat District of the GOA. The AA also finds good cause to perch in this area. waive the 30–day delay in the effective Classification DATES: Effective 1200 hrs, Alaska local date of this action under 5 U.S.C. This action responds to the best time (A.l.t.), July 16, 2004, through 2400 553(d)(3). This finding is based upon available information recently obtained hrs, A.l.t., December 31, 2004. the reasons provided above for waiver of from the fishery. The Assistant FOR FURTHER INFORMATION CONTACT: Josh prior notice and opportunity for public Administrator for Fisheries, NOAA, Keaton, 907–586–7228. comment. (AA), finds good cause to waive the SUPPLEMENTARY INFORMATION: NMFS This action is required by § 679.20 requirement to provide prior notice and manages the groundfish fishery in the and is exempt from review under opportunity for public comment BSAI exclusive economic zone Executive Order 12866. pursuant to the authority set forth at 5 according to the Fishery Management Authority: 6 U.S.C. 1801 et seq. U.S.C. 553(b)(B) as such a requirement Plan for the Groundfish Fishery of the is impracticable and contrary to the Bering Sea and Aleutian Islands Area Dated: July 16, 2004. public interest. This requirement is (FMP) prepared by the North Pacific John H. Dunnigan, impracticable and contrary to the public Fishery Management Council under Director, Office of Sustainable Fisheries, interest as it would prevent NMFS from authority of the Magnuson-Stevens National Marine Fisheries Service. responding to the most recent fisheries Fishery Conservation and Management [FR Doc. 04–16579 Filed 7–16–04; 2:43 pm] data in a timely fashion and would Act. Regulations governing fishing by BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 69, No. 139

Wednesday, July 21, 2004

This section of the FEDERAL REGISTER first and second column on page 34963 transportation of birds, rats, and mice contains notices to the public of the proposed is changed in both the DATES and not specifically excluded from coverage issuance of rules and regulations. The SUPPLEMENTARY INFORMATION sections to under the AWA. This action will allow purpose of these notices is to give interested read as follows: interested persons additional time to persons an opportunity to participate in the prepare and submit comments. rule making prior to the adoption of the final DATES: The hearing will convene at 1 rules. p.m. on Monday, August 16, 2004. DATES: We will consider all comments SUPPLEMENTARY INFORMATION: that we receive on or before November This administrative action is governed 1, 2004. DEPARTMENT OF AGRICULTURE by the provisions of sections 556 and ADDRESSES: You may submit comments 557 of Title 5 of the United States Code by any of the following methods: Agricultural Marketing Service and, therefore, is excluded from the • Webform: The preferred method is requirements of Executive Order 12866. to use the webform located at http:// 7 CFR Part 1030 Notice is hereby given of a public comments.aphis.usda.gov. This [Docket No. AO–361–A39; DA–04–03] hearing to be held at the Sofitel webform is designed to allow Minneapolis Hotel (I–494 and Highway commenters to associate each of their Milk in the Upper Midwest Marketing 100), 5601 West 78th Street, comments with the issues identified in Area; Delay of Hearing Date Bloomington, Minnesota 55439; (952) the advance notice, and to allow APHIS 835–1900, beginning at 1 p.m., on to more easily analyze the comments AGENCY: Agricultural Marketing Service, Monday, August 16, 2004, with respect received regarding each issue. USDA. to proposed amendments to the • Postal Mail/Commercial Delivery: ACTION: Proposed rule; notice of hearing tentative marketing agreement and to Please send four copies of your delay. the order regulating the handling of comment (an original and three copies) milk in the Upper Midwest milk to Docket No. 98–106–4, Regulatory SUMMARY: The Agricultural Marketing marketing area. The hearing is delayed Analysis and Development, PPD, Service is delaying the hearing date for at the request of some of the proponents APHIS, Station 3C71, 4700 River Road the proposed rule that appeared in the of the proposed amendments to allow Unit 118, Riverdale, MD 20737–1238. Federal Register of June 23, 2004 (69 FR for more time to prepare for the hearing. Please state that your comment refers to 34963), which gave notice of a public Docket No. 98–106–4. hearing being held to consider proposals Authority: 7 U.S.C. 601–674. • E-mail: Address your comment to that would amend certain provisions of Dated: July 14, 2004. [email protected]. Your the Upper Midwest milk marketing A.J. Yates, comment must be contained in the body order. The hearing scheduled to begin Administrator, Agricultural Marketing of your message; do not send attached July 19, 2004, has been delayed until Service. files. Please include your name and Monday, August 16, 2004. The hearing [FR Doc. 04–16485 Filed 7–20–04; 8:45 am] address in your message and ‘‘Docket must be completed by or adjourned by BILLING CODE 3410–02–P No. 98–106–4’’ on the subject line. noon on Friday, August 20, 2004. To • Federal eRulemaking Portal: Go to expedite the hearing process, the http://www.regulations.gov and follow presiding Administrative Law Judge DEPARTMENT OF AGRICULTURE the instructions for locating this docket requests that the statements of all and submitting comments. witnesses be exchanged with known Animal and Plant Health Inspection Reading Room: You may read any participants on or before August 13, Service comments that we receive on Docket 2004. No. 98–106–4 in our reading room. The DATES: The hearing will convene at 1 9 CFR Parts 2 and 3 reading room is located in room 1141 of p.m. on Monday, August 16, 2004. [Docket No. 98–106–5] the USDA South Building, 14th Street and Independence Avenue, SW., ADDRESSES: The hearing will be held at RIN 0579–AB69 Washington, DC. Normal reading room the Sofitel Minneapolis Hotel (I–494 hours are 8 a.m. to 4:30 p.m., Monday and Highway 100), 5601 West 78th Animal Welfare; Regulations and through Friday, except holidays. To be Street, Bloomington, Minnesota 55439; Standards for Birds, Rats, and Mice sure someone is there to help you, (952) 835–1900. AGENCY: Animal and Plant Health please call (202) 690–2817 before FOR FURTHER INFORMATION CONTACT: Inspection Service, USDA. coming. Gino Tosi, Marketing Specialist, Order Other Information: You may view ACTION: Advance notice of proposed Formulation and Enforcement, USDA/ APHIS documents published in the AMS/Dairy Programs, Room 2971-Stop rulemaking; extension of comment period. Federal Register and related 0231, 1400 Independence Avenue, SW., information, including the names of Washington, DC 20250–0231, (202) 690– SUMMARY: We are extending the groups and individuals who have 1366, e-mail address: comment period for our advance notice commented on APHIS dockets, on the [email protected]. of proposed rulemaking regarding Internet at http://www.aphis.usda.gov/ SUPPLEMENTARY INFORMATION: In the several changes we are considering to ppd/rad/webrepor.html. proposed rule beginning on page 34963 the Animal Welfare Act (AWA) FOR FURTHER INFORMATION CONTACT: Dr. of the Federal Register for Wednesday, regulations to help promote the humane Jerry DePoyster, Senior Veterinary June 23, 2004, the hearing date in the handling, care, treatment, and Medical Officer, Animal Care, APHIS,

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4700 River Road Unit 84, Riverdale, MD Guard, 184th Air Refueling Wing, be changed in light of comments 20737–1234; (301) 734–7586. Detachment 1, Smoky Hill ANG Range, received. All comments submitted will SUPPLEMENTARY INFORMATION: On June 4, Salina, KS.’’ These modifications are be available for examination in the 2004, we published in the Federal proposed to fulfill new United States public docket both before and after the Register (69 FR 31537–31541, Docket Air Force (USAF) requirements for high closing date for comments. A report No. 98–106–4) an advance notice of altitude release bomb training for fighter summarizing each substantive public proposed rulemaking regarding several aircraft and medium-to-high altitude contact with FAA personnel concerned changes we are considering to the release bomb training for bombers. with this rulemaking will be filed in the Animal Welfare Act (AWA) regulations DATES: Comments must be received on docket. in 9 CFR parts 2 and 3 to help promote or before September 7, 2004. Availability of NPRM’s the humane handling, care, treatment, ADDRESSES: Send comments on this An electronic copy of this document and transportation of birds, rats, and proposal to the Docket Management may be downloaded through the mice not specifically excluded from System, U.S. Department of Internet at http://dms.dot.gov. Recently coverage under the AWA. Transportation, Room Plaza 401, 400 published rulemaking documents can Comments on the advance notice of Seventh Street, SW., Washington, DC also be accessed through the FAA’s Web proposed rulemaking were required to 20590–0001. You must identify ‘‘FAA page at http://www.faa.gov or the be received on or before August 3, 2004. Docket No. FAA–2004–17774 and Federal Register’s webpage at http:// We are extending the comment period Airspace Docket No. 04–ACE–32,’’ at www.gpo.access.gov/fr/index.html. on Docket No. 98–106–4 for an the beginning of your comments. You You may review the public docket additional 90 days. This action will may also submit comments on the containing the proposal, any comments allow interested persons additional time Internet at http://dms.dot.gov. received, and any final disposition in to prepare and submit comments. FOR FURTHER INFORMATION CONTACT: person at the Dockets Office (see Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22, Steve Rohring, Airspace and Rules, ADDRESSES section for address and 2.80, and 371.7. Office of System Operations and Safety, phone number) between 9 a.m. and 5 Done in Washington, DC, this 15th day of ATO–R, Federal Aviation p.m., Monday through Friday, except July, 2004. Administration, 800 Independence Federal holidays. An informal docket Kevin Shea, Avenue, SW., Washington, DC 20591; may also be examined during normal Acting Administrator, Animal and Plant telephone: (202) 267–8783. business hours at the office of the Health Inspection Service. SUPPLEMENTARY INFORMATION: Regional Air Traffic Division, Federal [FR Doc. 04–16541 Filed 7–20–04; 8:45 am] Aviation Administration, Central Region Comments Invited Headquarters, 901 Locust, Kansas City, BILLING CODE 3410–34–P Interested parties are invited to MO 64106–2641. participate in this proposed rulemaking Persons interested in being placed on by submitting such written data, views, a mailing list for future NPRM’s should DEPARTMENT OF TRANSPORTATION or arguments as they may desire. call the FAA’s Office of Rulemaking, Comments that provide the factual basis Federal Aviation Administration (202) 267–9677, for a copy of Advisory supporting the views and suggestions Circular No. 11–2A, Notice of Proposed presented are particularly helpful in 14 CFR Part 73 Rulemaking Distribution System, which developing reasoned regulatory describes the application procedure. [Docket No. FAA–2004–17774; Airspace decisions on the proposal. Comments History Docket No. 04–ACE–32] are specifically invited on the overall regulatory, aeronautical, economic, On May 21, 2003, the USAF requested RIN 2120–AA66 environmental, and energy-related that the FAA take action to revise R– Proposed Modification of Restricted aspects of the proposal. 3601A and R–3601B. R–3601A and R– Areas 3601A and 3601B; Brookville, KS Communications should identify both 3601B are currently located adjacent to docket numbers (FAA Docket No. FAA– each other laterally and have different AGENCY: Federal Aviation 2004–17774 and Airspace Docket No. ceilings (FL180 and 6,500 feet above Administration (FAA), DOT. 04–ACE–32) and be submitted in mean sea level (MSL), respectively). ACTION: Notice of proposed rulemaking. triplicate to the Docket Management Specifically, the requested action would System (see ADDRESSES section for combine the current lateral boundaries SUMMARY: This action proposes to revise address and phone number). You may of R–3601A and B, divide the combined Restricted Areas 3601A (R–3601A) and also submit comments through the area vertically instead of laterally, and 3601B (R–3601B), at Brookville, KS. Internet at http://dms.dot.gov. expand the vertical limits to FL230. The Currently, R–3601 A and B are laterally Commenters wishing the FAA to lower portion of the combined area adjacent to each other and have acknowledge receipt of their comments (surface to FL180) would be re- different ceilings. This action proposes on this notice must submit with those designated as R–3601A and the upper to combine their lateral boundaries, comments a self-addressed, stamped portion (FL180 to FL230) as R–3601B. divide the combined area vertically postcard on which the following The net result of the requested action instead of laterally, and expand the statement is made: ‘‘Comments to FAA would be to expand the vertical limits vertical limits to flight level 230 Docket No. FAA–2004–17774 and of the restricted area airspace from (FL230). The lower portion of the Airspace Docket No. 04–ACE–32.’’ The FL180 to FL230 over the area currently combined area (surface to FL180) would postcard will be date/time stamped and designated as R–3601A and from 6,500 be re-designated as R–3601A and the returned to the commenter. feet MSL to FL230 over the area upper portion (FL180 to FL230) as R– All communications received on or currently designated as R–3601B. The 3601B. Additionally, this action before the specified closing date for USAF indicated that the modifications proposes to change the using agency comments will be considered before are needed to fulfill new USAF from ‘‘Commander, Kansas ANG, taking action on the proposed rule. The requirements for high altitude release McConnell AFB, KS’’ to ‘‘Air National proposal contained in this action may bomb training for fighter aircraft and

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medium-to-high altitude release bomb Environmental Review DEPARTMENT OF TRANSPORTATION training for bombers. The current This proposal will be subjected to an altitude structure is not sufficient to environmental analysis in accordance Office of the Secretary meet these new training requirements. with FAA Order 1050.1E, Procedures for Additionally, the USAF requested that Handling Environmental Impacts, prior 14 CFR Part 243 the FAA take action to change the using to any FAA final regulatory action. [Docket No. OST–1997–2198] agency of the modified R–3601A and R– 3601B from ‘‘Commander, Kansas ANG, List of Subjects in 14 CFR Part 73 RIN 2105–AC62 McConnell AFB, KS’’ to ‘‘Air National Airspace, Navigation (air). Withdrawal of Advance Notice of Guard, 184th Air Refueling Wing, Proposed Rulemaking; Domestic Detachment 1, Smoky Hill ANG Range, The Proposed Amendment Passenger Manifest Information Salina, KS.’’ In consideration of the foregoing, the Federal Aviation Administration The Proposal AGENCY: Office of the Secretary (OST), proposes to amend 14 CFR part 73 as DOT. In response to a request from the follows: ACTION: Withdrawal of advance notice of USAF, the FAA is proposing an proposed rulemaking (ANPRM) amendment to Title 14 Code of Federal PART 73—SPECIAL USE AIRSPACE Regulations (14 CFR) part 73 (part 73) to 1. The authority citation for part 73 SUMMARY: The Department withdraws revise R–3601A and R–3601B. continues to read as follows: the ANPRM published in the Federal Register of March 13, 1997, concerning Specifically, this action proposes to Authority: 49 U.S.C. 106(g), 40103, 40113, modify R–3601A and R–3601B by 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– operational and cost issues related to combining their lateral boundaries, sub- 1963 Comp., p. 389. U.S. air carriers collecting basic dividing the combined area vertically information (e.g., full name, date of (instead of laterally), and expanding the § 73.36 [Amended] birth and/or social security number, vertical limits to FL230. The lower 2. § 73.36 is amended as follows: emergency contact and telephone portion of the combined area (surface to * * * * * number) from passengers traveling on FL180) would be re-designated as R– flights within the United States. The R–3601A Brookville, KS [Amended] 3601A and the upper portion (FL180 to Department believes that the difficulties FL230) as R–3601B. Additionally, this By removing the current boundaries, that originally motivated the designated altitudes, and using agency and information-collection requirements in action proposes to change the using substituting the following: agency of the modified R–3601A and R– Boundaries. Beginning at lat. 38°45′20″ N., the ANPRM are now being successfully 3601B from ‘‘Commander, Kansas ANG, long. 97°46′01″ W.; to lat. 38°39′45″ N., long. dealt with by air carriers and others in McConnell AFB, KS’’ to ‘‘Air National 97°46′01″ W.; then southwest along the the notification process. The Guard, 184th Air Refueling Wing, Missouri Pacific Railroad Track; to lat. Department is unaware of continuing Detachment 1, Smoky Hill ANG Range, 38°38′20″ N., long. 97°47′31″ W.; to lat. notification difficulties on domestic ° ′ ″ ° ′ ″ Salina, KS.’’ The additional airspace is 38 38 20 N., long. 97 50 01 W.; to lat. flights. 38°35′00″ N., long. 97°50′01″ W.; to lat. required to fulfill new USAF training 38°35′00″ N., long. 97°56′01″ W.; to lat. FOR FURTHER INFORMATION CONTACT: requirements. Specifically, the new 38°45′20″ N., long. 97°56′01″ W.; to the point Dennis Marvich, Office of International training requirements call for practicing of beginning. Transportation and Trade, DOT, (202) the release of bombs from higher Designated altitudes. Surface to but not 366–9545; or, for legal questions, Joanne altitudes than are currently available including FL180. Petrie, Office of General Counsel, DOT, within the existing restricted areas. Using Agency. Air National Guard, 184th (202) 366–9306. Section 73.36 of part 73 was Air Refueling Wing, Detachment 1, Smoky Hill ANG Range, Salina, KS. SUPPLEMENTARY INFORMATION: On March republished in FAA Order 7400.8L, * * * * * 13, 1997 (62 FR 11789), the Office of the Special Use Airspace, dated October 7, Secretary (OST) published an ANPRM 2003. R–3601B Brookville, KS [Amended] requesting public comment concerning The FAA has determined that this By removing the current boundaries, operational and cost issues related to proposed regulation only involves an designated altitudes, and using agency and U.S. air carriers collecting basic established body of technical substituting the following: information (e.g., full name, date of regulations for which frequent and Boundaries. Beginning at lat. 38°45′20″ N., ° ′ ″ ° ′ ″ birth and/or social security number, routine amendments are necessary to long. 97 46 01 W.; to lat. 38 39 45 N., long. 97°46′01″ W.; then southwest along the emergency contact and telephone keep them operationally current. Missouri Pacific Railroad Track; to lat. number) from passengers traveling on Therefore, this proposed regulation: (1) 38°38′20″ N., long. 97°47′31″ W.; to lat. flights within the United States. Is not a ‘‘significant regulatory action’’ 38°38′20″ N., long. 97°50′01″ W.; to lat. under Executive Order 12866; (2) is not 38°35′00″ N., long. 97°50′01″ W.; to lat. Background a ‘‘significant rule’’ under DOT 38°35′00″ N., long. 97°56′01″ W.; to lat. This Advance Notice of Proposed Regulatory Policies and Procedures (44 38°45′20″ N., long. 97°56′01″ W.; to the point Rulemaking (ANPRM) was issued on FR 11034; February 26, 1979); and (3) of beginning. March 13, 1997, in order to collect does not warrant preparation of a Designated altitudes. FL180 to FL230. information to determine what, if any, Using Agency. Air National Guard, 184th regulatory evaluation as the anticipated Air Refueling Wing, Detachment 1, Smoky regulatory actions might be required by impact is so minimal. Since this is a Hill ANG Range, Salina, KS. the Department to ensure the quick and routine matter that will only affect air * * * * * proper notification of the families of traffic procedures and air navigation, it victims of aviation disasters. The is certified that this rule, when Issued in Washington, DC, July 12, 2004. request for comments was prompted, in promulgated, will not have a significant Reginald C. Matthews, part, by a recommendation of the White economic impact on a substantial Manager, Airspace and Rules. House Commission on Security and number of small entities under the [FR Doc. 04–16521 Filed 7–20–04; 8:45 am] Safety and, in large measure, by the criteria of the Regulatory Flexibility Act. BILLING CODE 4910–13–P need at that time to remedy past

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difficulties in this area, the most Aviation (2 comments); Executive Air information in the ANPRM should be prominent of which up to then had been Fleet; Executive Flight; Flight Services increased by 3 to 4 times based on the the difficulties in the aftermath of Group; Hampton Airways; Hill Aircraft results of an ATA-member airline aviation disasters to immediately know and Leasing (2 comments); JA Air survey. ATA stated that the estimated who was on the flight and respond to Center; Lake Mead Air; Marc Fruchter time to collect information in the the inquiries of families of victims that Aviation; New World Jet Corporation; ANPRM was too low also because telephone airlines to seek information Phoenix Air; Raytheon Aircraft Services; airlines book at least twice as many on whether or not a family member was Sky Trek; Southwest Safaris; Spirit reservations as they board. ATA said on the flight. Aviation; Waukesha Flying Services; that the most sensible way to fulfill the In the ANPRM, the Department said Wisconsin Aviation; Jennifer Wuertz, desire to better assist the families of that having an accurate list of the Chief Pilot of Mac Air; Alaska Air aviation accident victims was to passengers that are on the flight—even Carriers Association; the Air Line Pilots concentrate efforts on refining carrier without collecting data on emergency Association (ALPA); the Association of procedures and ensuring that public contacts—could allow air carriers to Flight Attendants (AFA); the American messages following an aviation disaster respond accurately and compassionately Society of Travel Agents (ASTA); emphasized that only those persons to such inquiries. The Department also Worldspan, L.P.; the American who have reason to believe they had a noted that a broad examination of Automobile Association (AAA); the loved one on the aircraft should call the providing better treatment of families in American Association for Families of airline. the aftermath of an aviation disaster was KAL 007 Victims, joined by individual Trans World Airlines stated that it the subject of a task force required by families of the TWA 800 and Valujet would incur significant start-up training the Aviation Disaster Family Assistance tragedies; Mr. Richard Sobel; Mr. Steven costs and capital costs to meet the Act of 1996 and that enhanced Berry; Mr. John Gilmore; Mr. Samuel information-collection requirements in notification to families of victims is one Wieler; Dr. Michael Walsh; the Social the APRM.2 TWA stated that while aspect of that overall objective.1 Toward Security Administration of the U.S. these costs are hard to define, they had that end, the Department stated that Department of Health and Human been estimated to be $14.8 million. another reason for requesting the Services; ARMA International; the TWA stated further that since it information sought in the ANPRM was Electronic Privacy Information Center accounted for 5.1 percent of domestic to assist the task force in making its (EPIC); the American Civil Liberties aviation market revenue passenger required recommendations. At the same Union; and Mr. Robert Ellis Smith, miles, the total expense for the aviation time, the Department recognized that publisher of the Privacy Journal. industry for start-up training costs and developing better procedures for The Air Transport Association of capital costs could be over $300 million. accessing the information that air America (ATA) filed comments on TWA noted that these figures were carriers and travel agents already behalf of its members (Alaska Airlines, many times more than the total routinely collect on passengers could be Aloha Airlines, America West Airlines, estimated costs in the ANPRM for U.S. a substitute for developing new, American Airlines, American Trans Air, air carriers. expensive and overlapping information- Continental Airlines, Delta Air Lines, Hawaiian Airlines said that because collection systems that would rarely be DHL Airways, Emery Worldwide the tourist trade of the State of Hawaii used. Accordingly, it noted the need for Airlines, Evergreen International is so dependent on interline-air-travel, information about the measurable Airlines, Federal Express, Hawaiian and residents of Hawaii use air benefits in notification time and Airlines, KIWI International Air Lines, transportation much as other states accuracy to be gained by requiring Midwest Express, Northwest Airlines, depend on cars, trucks, and buses, a substantial increased investments by Polar Air Cargo, Reeve Aleutian passenger manifest information airlines in obtaining data on those Airways, Southwest Airlines, Trans requirement had the potential to result traveling by air and on their emergency World Airlines, United Airlines, United in significant disruptions to passengers contacts. Parcel Service, and US Airways). Trans and therefore the commerce and economy of the State of Hawaii, as well Discussion of Comments World Airlines, Hawaiian Airlines, and Southwest Airlines also filed individual as Hawaiian Airlines. Southwest Sixty comments were received in comments. ATA stated that its members Airlines stated that the harmful effects response to the ANPRM. Commenters had been working to improve the of the information-collection included the Air Transport Association dissemination of passenger manifest requirements contemplated in the of America (ATA); Trans World information in the aftermath of aviation ANPRM would fall most heavily on the Airlines; Hawaiian Airlines; Southwest disasters with the goal of doing patrons of low-cost, high-productivity Airlines; the State of Hawaii; the everything possible to speed airlines such as Southwest. Southwest Regional Airline Association (RAA); notifications, and would re-examine stated that a relatively high proportion ERA Aviation; the National Air Carrier their notification procedures. ATA of its passengers arrive at the airport Association (NACA); Sun Country stated that the information-collection without reservations, purchase their Airlines (2 comments); North American requirements in the APRM, if adopted, tickets shortly before flight, and depend Airlines (3 comments); Harrah’s Atlantic would erode customer service with upon Southwest’s frequent departures. City; the National Air Transportation adverse effects being felt most directly Southwest stated that the information- Association (NATA); Aspen Aviation; in reservations, ticketing, and airport collection requirements in the ANPRM Aviation Charter Services; Boise Air check-in. ATA stated that the greatest would add passenger-processing time at Service; Byerly Aviation; Charter detriment would be substantially the airport that would spill over to the Services; Des Moines Flying Service; diminished productivity in the domestic boarding process at the gate and the Direct Flight; Eagle Aviation; Elliot airline system, especially aircraft turnaround time of Southwest’s aircraft. utilization rates. ATA stated that 1 The task force required by the Aviation Disaster 2 Although TWA was a major airline at the time Family Assistance Act of 1996 was established as customers would be forced to part with it filed its comments, American Airlines the Task Force on Assistance to Families of sensitive personal information. ATA subsequently purchased TWA and its operations Aviation Disasters. stated that the estimated time to collect were merged with those of American.

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Southwest stated that it had studied the believed that actions taken in response information at the airport would be the impact of changes in turnaround time to the ADFAA would significantly least efficient way to obtain it. Sun on aircraft utilization and found that improve the process of family Country stated that it could not even a 5-minute delay in Southwest’s notification. RAA stated, however, that accurately gauge the costs of the average aircraft turnaround time would it is very difficult to produce an information-collection requirements in force the elimination of approximately accurate manifest quickly in the the ANPRM since, as a charter airline, 125 daily flight segments. Southwest aftermath of an aviation disaster and the it did not generally make direct also stated that the information- absolute accuracy of the manifest must passenger reservations. North American collection requirements in the ANPRM, be insured before it is released. ERA Airlines (NAA), a charter airline, filed a because they would require passengers Aviation, a small regional carrier comment and later testified before the to transmit personal and sensitive located in Anchorage, Alaska, said it did Task Force on Assistance to Families of information over the Internet and not have the database resources needed Aviation Disasters. NAA also filed a Southwest to store this information, to maintain additional passenger supplemental comment in which it would likely jeopardize Southwest’s manifest information, and did not addressed single entity charters. NAA cost-efficient electronic ticketing and believe that passengers would want stated that care must be taken to avoid Internet booking programs. airlines to keep such information in making mistakes in notifying families in The State of Hawaii stated that it their computers. As an alternative, ERA the aftermath of an aviation disaster and occupies one of the most geographically suggested that DOT supply a the issues involved in notifying families isolated land masses in the world and standardized form and make it available are more complicated than they appear. is uniquely dependent on air throughout the airport or gate area in NAA said that full name, phone number transportation to permit residents and display stands. Passengers would (including area code), and hometown tourists to fly from one island to complete the form on a voluntary basis, were the only elements of passenger another, and to link the islands and the only obligation of the airline manifest information that were needed. comprising the State of Hawaii to the would be to accept the information NAA predicted that passengers would rest of the Nation. The State of Hawaii provided by passengers, if they chose to object to providing social security joined in the comments filed by do so. ERA suggested that DOT employ account numbers on privacy grounds, Hawaiian Airlines. The State of Hawaii such a system for all modes of and said collecting birth dates could stated that the burdens imposed by the transportation that DOT oversees (rail, lead to age discrimination complaints information-collection requirements in bus, plane, or boat). the ANPRM would translate into by bumped passengers. NAA said that increased costs and fares and noted that The National Air Carrier Association requiring the collection of the same Hawaii’s local air carriers, Hawaiian and (NACA), an association of member information by both scheduled and Aloha, both rely extensively on interline airlines specializing in passenger charter airlines would be extremely passengers. The State of Hawaii urged charter services, stated that one member difficult because charter airlines did not DOT to consider other, less intrusive airline had provided it with a list of have computer reservation systems and more cost-effective mechanisms recommended implementation methods. (CRSs) or frequent flyer programs where that would permit prompt notification NACA estimated that, if followed, they the proposed information could be to family members in the unfortunate would double existing one-hour stored and accessed. NAA said that the event of an aviation disaster and not domestic check-in times to two hours. DOT analysis of the costs of the place additional burdens on interline NACA stated that it was concerned information-collection requirements in passengers. about numerous data collection efforts, the ANPRM had ignored the greatest The Regional Airline Association both in effect and proposed, on the part cost, the decrease in utilization of (RAA), which is comprised of 75 of a variety of federal agencies, that aircraft that would occur because member airlines that provide service at could result in inefficient data collecting additional passenger manifest 733 airports in the United States (500 of collection and dissemination information would increase boarding which depend exclusively on regional requirements. Sun Country Airlines, a times and this would eat into aircraft air carriers for access to the U.S. charter airline, filed a comment and utilization. NAA stated that the best transportation system), stated that later testified before the Task Force on way (better even than CRS collection) to passengers fly on its member airlines to Assistance to Families of Aviation ensure the collection of vital save time, and the imposition of the Disasters. In sum, Sun Country stated information would be along the lines of information-collection requirements in that it supported information-collection a Pan Am 103 family suggestion: A the ANPRM would result in passenger requirements, such as in the ANPRM, perforated stub on the boarding card delays, as well as intrude into the for those involved with air charters to that could, as each passenger boards, be personal privacy of air travelers. RAA deal with difficulties in contacting next- torn off and kept by the airline. NAA said that the resources needed to of-kin in the aftermath of an aviation estimated that it would realistically take maintain existing airport check-in times disaster. Sun Country recommended at least a minute for the passenger to fill and collect additional passenger removing date of birth or social security out the stub, and extra airline information could make it infeasible for account number, however, because it manpower and time would be required its member airlines to continue to serve felt that neither was useful to the to explain the process to passengers and some communities either at all or as notification process. Sun Country said assist them in filling out the information frequently as they now do. RAA noted that such a requirement should extend requested on the stub. In its comment, that in light of the Aviation Disaster to charter operators and travel agents, NAA said that it had adopted such a Family Assistance Act of 1996 because the additional information procedure on its regular charter flights. (ADFAA), all airlines are investigating could be obtained most efficiently at the Later, in its testimony before the Task improvements in their systems of time of reservation, and charter Force on Assistance to Families of verifying passenger manifests and have operators and travel agents (and not the Aviation Disasters, NAA said that based enhanced their systems for charter airline) had contact with on a few months experience, the accommodating telephone calls after an passengers at the time of reservation. procedure was working. NAA said that aviation accident. RAA stated that it Sun Country said that collecting one reason it worked was that NAA

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required passengers on its regular Group, Hampton Airways, Hill Aircraft families of victims need to know the chartered flight to check-in 11⁄2–2 hours and Leasing (2 comments), JA Air status of their relatives as soon as before departure, and noted that normal Center, Lake Mead Air, Marc Fruchter possible. scheduled flights did not have this big Aviation, New World Jet Corporation, The American Society of Travel a window for the check-in process. Phoenix Air, Raytheon Aircraft Services, Agents (ASTA), which represents about NAA’s supplemental comment, as Sky Trek, Southwest Safaris, Spirit 16,000 domestic agency locations and mentioned above, dealt with single Aviation, Waukesha Flying Services, members in about 168 foreign countries, entity charters: A single entity charter is and Wisconsin Aviation. In addition, said that it was in favor of collecting a charter where one entity (often a Jennifer Wuertz, Chief Pilot of Mac Air, additional passenger manifest company, school, nonprofit filed comments regarding FAR Part 135 information through a simple paper organization, sports team, or individual) on-demand air charters, as did a state air form that passengers would understand both arranges and pays for the charter. carrier association, the Alaska Air and be able to fill out at the airport. NAA said it would not be appropriate Carriers Association. All those ASTA said that it would, however, take to require additional information from commenting regarding FAR Part 135 on- longer to provide passenger manifest passengers on single entity charters demand air charter carriers strongly information than the 40 seconds since the passengers would likely resist urged DOT not to impose the estimated in the ANPRM. ASTA stated giving information on privacy grounds information-collection requirements in that it was concerned that a and often the single chartering entity the ANPRM on such carriers. Those ‘‘performance standard’’ approach to the would know the passengers and already commenters stated, among other things, collection of passenger manifest have information on hand for them. that FAR Part 135 on-demand air information, where every airline got to Harrah’s Atlantic City, an operator of carriers have never experienced choose how it would meet the a major hotel, casino, resort and difficulties with notification of families requirement, could result in varying entertainment complex in Atlantic City, in the aftermath of a FAR Part 135 on- requirements on travel agents. ASTA New Jersey, stated that it had for the demand air charter flight that ended in believed that collecting passenger past several years conducted public disaster, the characteristics of these manifest information though charter flights between various eastern carriers makes the likelihood of family reservations with missing information cities in the United States and Atlantic notification difficulties small, and the provided at the airport would result in City. Harrah’s said that DOT, before financial burden that they would bear if conflict, confusion, and delay at airport proceeding further, should explore they were subjected to the information- gate areas. ASTA suggested instead a working with the air carrier industry on collection requirements in the ANPRM simple cloning of the standard U.S. a voluntary, consensual basis toward would be disproportionately greater Customs Service form, with each improved next-of-kin notification. than for larger carriers. passenger completing the form at the Harrah’s said that to the extent that The Air Line Pilots Association airport at the time of enplanement. accountability for manifest information (ALPA), which represents 46,000 pilots ASTA said that since airlines are not were to rest, actually or potentially, that fly for 45 airlines, supported required to verify the information with an entity other than the direct air developing an enhanced domestic provided to them, the forms could just carrier, confusion could result that passenger manifest information be collected and put into a pile or would defeat the purpose of the collection effort for reasons of airline envelope by the gate attendant (who is information-collection requirements in safety and security. ALPA stated that typically compiling other piles of ticket the ANPRM. Thus, Harrah’s urged DOT doing so could increase the accuracy of coupons and boarding passes), and then to eliminate charter operators and other aircraft weight and balance turned over to a central depository at indirect air carriers (e.g., bulk fare computations, would aid security efforts the airport for use in case of an aviation contractors) from the potential coverage geared toward unaccompanied baggage, disaster. of any passenger manifest information and could provide an additional layer of Worldspan, L.P., a computer requirement ultimately adopted. security because passengers with reservations system (CRS) at the time Harrah’s stated that the manifest nefarious intentions toward airline owned principally by Delta, Northwest, information requirements in the security would be reluctant to divulge and TWA, stated that it stood ready to ANPRM were unnecessarily broad and the information in the ANPRM and do its part to usefully collect passenger that passengers should be required only might not fly. Regarding technology, manifest information through a CRS, but to provide their full names, all other ALPA suggested that the use of the two- saw practical and policy limits both in information should be voluntary. dimensional bar code be explored. doing so and assuring that passenger The National Air Transportation The Association of Flight Attendants manifests are as complete and accurate Association (NATA) filed comments on (AFA), which represents 40,000 flight as Congress and DOT might wish. behalf of its members, who operate on- attendants at 26 carriers, stated that Worldspan said that there is no demand air charters with small aircraft collecting additional information from guarantee that a reservation made pursuant to 14 CFR part 135 of the passengers on domestic flights was results in a passenger boarded, and a Federal Aviation Administration’s necessary for further enhancing airline passenger boarded may do so without Federal Aviation Regulations (FAR) and response to aviation disasters. AFA making a reservation. Worldspan 14 CFR part 298 of the Department’s noted that operators of large aircraft are concluded that the CRS could not alone economic regulations. The following 25 already required to collect passenger be depended upon and each airline FAR Part 135 on-demand air charter names on each flight and that adding an would have to be ultimately responsible carriers also filed a total of 27 additional question on an emergency for satisfying manifest requirements for individual comments: Aspen Aviation, contact name should be done. AFA said the passengers it actually boards. Aviation Charter Services, Boise Air that while doing so would add costs, it Worldspan stated that while it could Service, Byerly Aviation, Charter was important for the family to know program its system to require the input Services, Des Moines Flying Service, the status of the passenger so that the of additional passenger manifest Direct Flight, Eagle Aviation, Elliot family would be spared heightened information before allowing a Aviation (2 comments), Executive Air anxiety and frustration. AFA said that reservation to be completed, it would Fleet, Executive Flight, Flight Services no matter what the financial burden, the have no way of knowing whether the

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information entered by the user was Association) was joined in its comment perspective as a political scientist and truly responsive or was just being input by individual families of the TWA 800 policy analyst, the information- to override such system conventions. and Valujet tragedies. The Families collection requirements in the ANPRM, Worldspan said that if another means of Association stated that accurate while perhaps well intentioned, is a confirming identity in addition to full passenger information needs to be badly flawed idea subject to abuses, name were required, date of birth would maintained for air crashes, because, including invasion of privacy, is not be preferable to social security account while they occur infrequently, they are cost-effective, and should not be number, which, once known, generally of a particularly violent nature and all implemented. Mr. Sobel stated that, at facilitates access to other sources of aboard are often killed and human most, airlines should be authorized to private information about individuals. remains are often not able to be collect name, contact phone numbers, Worldspan said that no CRS can make accounted for. The Families Association and identify hometowns, and that this its passengers records totally secure said that having prior knowledge of the information should be automatically from unauthorized use. Worldspan said identity of passengers is important and purged immediately after the flight (to that it would be better to require two cost effective because it (1) allows for avoid invasion of privacy). Mr. Sobel emergency contact telephone numbers timely notification of next of kin, (2) stated that for privacy and fraud without an emergency contact name provides for promptly obtaining reasons, there was no justification instead of one emergency contact name evidence (DNA, medical records, etc.) whatsoever for asking for dates of birth and number. Worldspan said that in needed to identify victims, (3) speeds or social security account numbers. Mr. cases where an emergency contact did the return of remains, (4) speeds the Sobel outlined the restrictions in the not have a telephone number, an return of belongings, (5) saves the air Privacy Act of 1974 (Pub. L. 93–579), emergency contact address should be carrier(s) money because it (they) know which identifies the fundamental right accepted. immediately the identity of prospective to personal privacy under the The American Automobile victims instead of being pressured (at Constitution, that are potentially Association (AAA) stated that it has substantial cost) to discover who the involved in the information-requirement nearly 40 million members, many of victims were in the aftermath of a in the ANPRM. Mr. Steven Berry stated whom are frequent travelers, and disaster, and (6) the information would that the costs of the information- operates almost one thousand travel benefit the air carrier’s information collection requirements in the ANPRM agencies, which serve both the general databases. The Families Association were not fiscally defensible, the time public and AAA members. AAA stated said that passenger manifests have been estimates for collecting information in that an informal survey of some of its a historical tradition and necessity in the ANPRM were not realistic, and the travel agency managers showed that the field of transportation by air (with information-collection requirements in time spent making bookings could the exception of walk-on flights) and the ANPRM needed to be examined in increase by at least 20 percent if thus that passenger information is light of the 1974 Federal Privacy Act. information-collection requirements already collected on all transportation Mr. John Gilmore strongly objected to along the lines of the ANPRM were by air (most by advance reservation) and the information-collection requirements implemented. AAA stated that these even on over-the-counter transactions in the ANPRM and said that they were travel agency managers also thought that flight documents are issued in geared toward tracking the movements collecting social security account passengers’ names. The Families of citizens. Mr. Samuel Weiler stated numbers would raise serious privacy Association said, furthermore, that that the information-collection concerns, and collecting date of birth Internet bookings, credit card or requirements in the ANPRM raised and emergency contact information personal check payments provide serious constitutional and fraud would be problematic. AAA stated, already the passenger’s name, often the concerns, and the goals could be better furthermore, that it was concerned with address, either the home/office/contact accomplished by travelers giving their the accuracy of information provided by telephone numbers, and other families prior notice of travel plans. Dr. passengers who may be reluctant to information deemed necessary to issue Michael Walsh viewed requiring social provide it due to privacy concerns. AAA a non-cash ticket. The Families security account number or date of birth said that since the accuracy of the Association said that air carriers thus for boarding an airplane to be an information would not be checked, false have most of the time, and in advance, invasion of basic privacy, and noted that information could be acted on in the aftermath of an aviation disaster and the detailed data actually needed to because the DOT information-collection liability issues could arise. AAA said confirm the actual boarding of a requirements would not predate January that collecting information at the airport prospective pre-booked passenger. The 1, 1975, they would be unlawful for could lead to long check-in lines. AAA Families Association stated that the DOT to deny boarding based on a said it agreed with the phrase in the DOT should promptly extend the 1996 refusal to disclose a social security ANPRM, ‘‘* * * it may be that Memorandum of Understanding (MOU) account number under Section developing better procedures for between the Department of State and 7(a)(2)(B) of the Privacy Act of 1974. accessing the information that air U.S. air carriers on manifest information The Social Security Administration carriers and travel agents routinely and manifest sharing on international (SSA) of the U.S. Department of Health collect on passengers could be a flights to cover U.S. domestic flights. and Human Services said that it did not substitute for developing new, The Families Association also stated support the collection of social security overlapping information-collection that all international air carriers that the account numbers because in its systems that would rarely be used.’’ U.S. Government allows to operate experience, accurate verification of AAA urged DOT to explore all other within U.S. air space (i.e., under ‘‘Open identity usually requires more than just available alternatives to help families of Skies’’ agreements, and various other a name and social security account airline crash victims before requiring alliances or code-sharing agreements) number. SSA said that in its experience, passenger manifest information for should be included under such a one must collect for positive domestic flights. domestic passenger manifest MOU. identification name, social security The American Association for Several individuals filed comments. account number, and date and place of Families of KAL 007 Victims (Families Mr. Richard Sobel stated that from his birth, as well as parents’ names,

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including mother’s maiden name. SSA tracking system in which the movement the need to follow through if a disaster went on to say that it would, however, of passengers can be tracked for various occurs. In this regard, since the passage discourage collecting these additional government or other purposes; and air of the Family Assistance Act, many data elements because doing so would traffic transit points should not be carriers have created positions within expose the social security account turned into government check points their companies for full time emergency number to undesirable vulnerabilities where government agents conduct planners/coordinators. These related to criminal activity. The SSA searches of persons and property for professionals have developed ongoing pointed out, furthermore, that under generalized law enforcement or relationships with the NTSB’s Office of section 7(a)(1) of the Privacy Act at 5 surveillance purposes. In his comment, Transportation Disaster Assistance, U.S.C. 552a, it is illegal for a Federal Mr. Smith, of the Privacy Journal, which, through industry meetings in Agency to deny any individual any questioned the basic information- which information is exchanged, as well right, benefit, or privilege provided by collection approach in the ANPRM and as training sessions, has helped to law because that individual refuses to stated that devoting the necessary time, spread to all carriers the lessons learned reveal his/her social security account money, and sacrifice of privacy for by others. This effort to improve the number. SSA went on to state that this minimal yield is bad public policy. notification system has been aided by applies unless the disclosure is required Instead, Mr. Smith stated what the next- the fact that positive identification is by Federal law or the disclosure of the of-kin of crash victims need is now required of all passengers who social security account number is made compassionate and responsive to an agency maintaining a system of assistance at the time of the disaster. Mr. board a flight, coupled with improved records in existence and operating Smith said that DOT should devise an technology, such as the use of before January 1, 1975, or if the effective baggage-match program automated devices for the collection of disclosure was required by statute or without the need for gathering any boarding passes, which enhances rapid regulation adopted prior to that date. identifying information about a manifest reconciliation, where ARMA International, an educational passenger. necessary. association of more than 10,000 Discussion of the Continuing Need for As a result of all of these factors, in professional records and information more recent cases involving aviation managers, strongly objected to the the Additional Information-Collection Requirements in the ANPRM and disasters, airlines have provided inclusion of social security account passenger manifest information to the numbers in domestic passenger manifest Departmental Decision to Withdraw the ANPRM NTSB within hours of a disaster and information. ARMA International stated have been able to notify family members that it believe such an information Many changes have taken place since within a short time following a disaster. collection would be a direct violation of the events that led to the Aviation In our view, therefore, domestic carriers Disaster Family Assistance Act the Privacy Act, and unnecessary for have developed a system that is (ADFAA) and, ultimately, to the request prompt passenger identification in case working, and we do not believe that for comments in this ANPRM on of a disaster. ARMA International did intervening at this time to require not object to the optional collection of improving airlines’ system of carriers to focus on a different, other information, such as date of birth notification of families of victims in the government-imposed system will be and emergency contact. event of an airline disaster. U.S. carriers, Comments from the Electronic in particular, have taken steps to ensure productive and enhance the successful Privacy Information Center (EPIC), that passenger manifest information is information-gathering and American Civil Liberties Union (ACLU), available to the government shortly after dissemination programs carriers have and Mr. Robert Ellis Smith, publisher of the occurrence of a crash. This has been worked so long and hard to put in place. the Privacy Journal, stated that many prompted, at least in part, by the We will accordingly terminate this concerns regarding privacy and fraud requirements in the ADFAA that rulemaking. In doing so, however, we would result from the information- carriers assure that they will, among wish to point out that our own Office of collection requirements in the ANPRM. other things, (1) provide to the Director, Aviation Enforcement and Proceedings, In its comment, EPIC said that the Office of Transportation Disaster which is responsible for ensuring that collection and use of the information in Assistance, of the National airlines comply with the Aviation the ANPRM, including highly sensitive Transportation Safety Board (NTSB), Disaster Family Assistance Act, works information such as social security and to the Red Cross (which has been closely with the NTSB on family account number, would represent a designated by NTSB to assist after assistance matters. The Department will grave threat to personal privacy and crashes), immediately upon request, a through that office continue to monitor potentially lead to widespread fraud. In list of the names of the passengers carrier conduct in providing timely and its comment, the ACLU stated that: aboard the aircraft, and (2) have in place accurate passenger manifests in passengers have a privacy interest in, a process for notifying the families of connection with domestic air and the right to control use of, personal the passengers as soon as the carrier has transportation and we will not hesitate verified that the passenger was aboard information about them that is gathered to act immediately should there appear by air carriers, including information the aircraft. Each certificated carrier has to be a need for an industry-wide about the places to which they have filed such a plan with the Department solution to any problem that occurs. traveled or are traveling; passengers and the NTSB, which reviewed the have a privacy interest in, and the right plans and, as described below, has Department Decision to control the use of, other personal worked with carriers to ensure the information about them that the effectiveness of each carrier’s plan. For the reasons explained above, the ANPRM suggests the airlines should Importantly, the incentive for carriers Department concludes that the gather, such as their social security to provide prompt and accurate information-collection requirements in account number, date of birth, and name notification is not just a regulatory one. the ANPRM are no longer necessary. and phone number of their ‘‘contact’’ (or Carriers have learned valuable lessons Therefore, this rulemaking proceeding is next of kin); the air transport system about being proactive concerning terminated and the ANPRM is should not be turned into a citizen disaster planning and assistance, and withdrawn.

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Issued in Washington, DC, on June 26, An electronic comment can be filed SUPPLEMENTARY INFORMATION: Section 2004. by (1) Clicking on http:// 214 of the FACT Act requires the Office Norman Y. Mineta, www.regulations.gov; (2) selecting of the Comptroller of the Currency, Secretary of Transportation. ‘‘Federal Trade Commission’’ at ‘‘Search Board of Governors of the Federal [FR Doc. 04–16520 Filed 7–20–04; 8:45 am] for Open Regulations;’’ (3) locating the Reserve System, Federal Deposit BILLING CODE 4910–62–P summary of this Notice; (4) clicking on Insurance Corporation, Office of Thrift ‘‘Submit a Comment on this Supervision, National Credit Union Regulation;’’ and (5) completing the Administration, Securities and form. For a given electronic comment, Exchange Commission, and FTC FEDERAL TRADE COMMISSION any information placed in the following (collectively, ‘‘the Agencies’’) to issue coordinated regulations that implement 16 CFR Part 680 fields—‘‘Title,’’ ‘‘First Name,’’ ‘‘Last Name,’’ ‘‘Organization Name,’’ ‘‘State,’’ a new section 624 of the FCRA that RIN 3084–AA96 ‘‘Comment,’’ and ‘‘Attachment’’—will gives consumers the right to restrict be publicly available on the FTC Web companies from using certain Affiliate Marketing Rule site. The fields marked with an asterisk information obtained from an affiliate to on the form are required in order for the make marketing solicitations. AGENCY: Federal Trade Commission FTC to fully consider a particular On June 15, 2004 the Commission (FTC). comment. Commenters may choose not published a notice of proposed ACTION: Extension of period to submit to fill in one or more of those fields, but rulemaking and invited comment on the comments in response to notice of if they do so, their comments may not proposed rule, setting July 20, 2004, as proposed rulemaking. be considered. the deadline for comments. The other Comments on any proposed filing, agencies charged with rulemaking under SUMMARY: In a Federal Register recordkeeping, or disclosure FCRA Section 624 have published their document published June 15, 2004, the requirements that are subject to notices of proposed rulemaking more FTC requested comment on a proposed paperwork burden review under the recently, and have set later deadlines for rule that is required by Section 214(b) Paperwork Reduction Act should receiving comments. The FTC has of the Fair and Accurate Credit additionally be submitted to: Office of determined to extend its deadline for Transactions Act of 2003 (FACT Act), Information and Regulatory Affairs, comments to August 16, 2004. This with respect to entities subject to its Office of Management and Budget, extension may encourage additional jurisdiction under Section 621(a) of the Attention: Desk Officer for Federal comment on the various proposals, and Fair Credit Reporting Act (FCRA). Trade Commission. Comments should will facilitate the Agencies’ coordinated Section 214(a) of the FACT Act amends be submitted via facsimile to (202) 395– analysis of comments received on the the FCRA by adding a new section 624, 6974 because U.S. postal mail at the rulemaking. which the proposed regulations Office of Management and Budget is By direction of the Commission. implement by providing for consumer subject to lengthy delays due to Donald S. Clark, notice and an opportunity to prohibit heightened security precautions. Such Secretary. affiliates from using certain information comments should also be sent to the to make or send marketing solicitations [FR Doc. 04–16619 Filed 7–20–04; 8:45 am] following address: Federal Trade BILLING CODE 6750–01–P to the consumer. The Commission is Commission/Office of the Secretary, extending its comment period until Room H–159 (Annex Q), 600 August 16, 2004. Pennsylvania Avenue, NW., DEPARTMENT OF THE INTERIOR DATES: Comments addressing the Washington, DC 20580. proposed Affiliate Marketing Rule must The FTC Act and other laws the Bureau of Indian Affairs be submitted on or before August 16, Commission administers permit the 2004. collection of public comments to 25 CFR Chapter 1 ADDRESSES: Interested parties are consider and use in this proceeding as invited to submit written comments. appropriate. All timely and responsive Meeting of the No Child Left Behind Comments should refer to ‘‘FACT Act public comments, whether filed in Negotiated Rulemaking Committee paper or electronic form, will be Affiliate Marketing Rule, Matter No. AGENCY: Bureau of Indian Affairs, considered by the Commission, and will R411006’’ to facilitate the organization Interior. be available to the public on the FTC of comments. A comment filed in paper ACTION: Web site at http://www.ftc.gov to the Announcement of negotiated form should include this reference both rulemaking committee meeting. in the text and on the envelope, and extent practicable. As a matter of should be mailed or delivered to: discretion, the FTC makes every effort to SUMMARY: The Secretary of the Interior Federal Trade Commission, Office of the remove home contact information for has established an advisory Committee Secretary, Room H–159 (Annex Q), 600 individuals from the public comments it to develop recommendations for Pennsylvania Avenue, NW., receives before placing those comments proposed rules for Indian education Washington, DC 20580. Comments on the FTC Web site. More information, under six sections of the No Child Left containing confidential material must be including routine uses permitted by the Behind Act of 2001. As required by the filed in paper form clearly labeled Privacy Act, may be found in the FTC’s Federal Advisory Committee Act, we are ‘‘Confidential,’’ and comply with privacy policy, at http://www.ftc.gov/ announcing the date and location of the Commission Rule 4.9(c), 16 CFR 4.9(c). ftc/privacy.htm. next meeting of the No Child Left Any comment filed in paper form FOR FURTHER INFORMATION CONTACT: Behind Negotiated Rulemaking should be sent by courier or overnight Toby M. Levin and Loretta Garrison, Committee. The purpose of the meeting service, because U.S. postal mail in the Attorneys, (202) 326–3224, Division of is the review of public comments that Washington area and at the Commission Financial Practices, Federal Trade we received on the Notice of Proposed is subject to delay due to heightened Commission, 601 New Jersey Avenue, Rulemaking published February 25, security precautions. NW., Washington, DC 20580. 2004, in the Federal Register.

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DATES: The Committee’s next meeting and develop recommendations for final guidelines to ensure the Constitutional will be held August 10–13, 2004, in rules. and civil rights of Indian students; and Albuquerque, New Mexico. The meeting establishing a method for administering (Breaks at 10 a.m. and 3 p.m. each day will begin at 8:30 p.m. (m.s.t.) on grants to tribally controlled schools. The and lunch at 12 p.m.–1:30 p.m.) Tuesday, August 10 and end at 5 p.m. Secretary is reopening the comment (m.s.t.) on Friday, August 13, 2004. Tuesday, August 10, 2004 period for 10 days to allow submission ADDRESSES: The meeting will be held at 8:30 a.m.–9:30 a.m. of comments by the Department of the Sheraton Old Town, 800 Rio Grande Opening Remarks Education and other interested parties. Blvd, Albuquerque, New Mexico 87104, Introductions DATES: Comments are due by the close (505) 843–6300. Review Protocols of business on August 2, 2004. FOR FURTHER INFORMATION CONTACT: Review Agenda ADDRESSES: You may submit comments, Shawna Smith, No Child Left Behind 9:45 a.m.–5 p.m. identified by the number 1076–AE51, by Negotiated Rulemaking Project Develop working plan for the week. any of the following methods: Management Office, P.O. Box 1430, Review public comments. Direct Internet response: http:// Albuquerque, NM 87103–1430; www.blm.gov/nhp/news/regulatory/ telephone (505) 248–7241/6569; fax Wednesday, August 11, 2004 index.html, or at http://www.blm.gov, or (505) 248–7242; e-mail [email protected]. 8:30 a.m.–5 p.m. at regulations.gov under Indian Affairs We will post additional information as Review public comments. Bureau. it becomes available on the Office of Indian Education Programs Web site Thursday, August 12, 2004 Mail: Director (630), Bureau of Land Management, Eastern States Office, 7450 under ‘‘Negotiated Rulemaking’’ at 8:30 a.m.–5 p.m. http://www.oiep.bia.edu. Boston Boulevard, Springfield, Virginia Review public comments. 22153, Attention: RIN 1076–AE51. SUPPLEMENTARY INFORMATION: For more Friday, August 13, 2004 Hand delivery: 1620 L Street NW., information on negotiated rulemaking Room 401, Washington, DC 20036. under the No Child Left Behind Act, see 8:30 a.m.–3:30 p.m. the Federal Register notices published Review public comments 3:30 p.m.–5 FOR FURTHER INFORMATION CONTACT: on December 10, 2002 (67 FR 75828) p.m. Catherine Freels, Designated Federal and May 5, 2003 (68 FR 23631) or the Closing remarks Official, PO Box 1430, Albuquerque, Web site at http://www.oiep.bia.edu Adjourn NM 87103–1430; Phone: 505–248–7240; e-mail: [email protected]. under ‘‘Negotiated Rulemaking.’’ Dated: July 16, 2004. The Committee will meet to review David W. Anderson, SUPPLEMENTARY INFORMATION: The public comments on six proposed rules Assistant Secretary—Indian Affairs. Department of the Interior published that the Bureau of Indian Affairs proposed rules on February 25, 2004 (69 [FR Doc. 04–16657 Filed 7–19–04; 10:58 am] published on February 25, 2004 at 69 FR FR 8751), that address the following 8752. The six rules cover: (1) Defining BILLING CODE 4310–6W–P issues: (1) Defining adequate yearly adequate yearly progress; (2) progress, which is the measurement for establishing separate geographic DEPARTMENT OF THE INTERIOR determining that schools are providing attendance areas; (3) establishing a quality education; (2) establishing formula for determining the minimum Bureau of Indian Affairs separate geographic attendance areas for amount necessary to fund Bureau- Bureau-funded schools; (3) establishing funded schools; (4) establishing a 25 CFR Parts 30, 37, 39, 42, 44, 47 a formula for determining the minimum system of direct funding and support of amount necessary to fund Bureau- all Bureau-funded schools under the RIN 1076–AE49 funded schools; (4) establishing a formula established in the Act; (5) Home-living Programs and School system of direct funding and support of establishing guidelines to ensure the Closure and Consolidation all Bureau-funded schools under the Constitutional and civil rights of Indian formula established in the Act; (5) students; (6) and establishing a method AGENCY: Bureau of Indian Affairs, establishing guidelines to ensure the for administering grants to tribally- Interior. Constitutional and civil rights of Indian controlled schools. ACTION: Proposed rule; reopening of students; and (6) establishing a method There is no requirement for advance comment period. for administering grants to tribally registration for members of the public controlled schools. We published these who wish to attend and observe the SUMMARY: As required by the No Child rules to implement part of the Committee meeting. The public Left Behind Act of 2001, the Secretary requirements of the No Child Left comment period for the six rules ended of the Interior has developed proposed Behind Act (Pub. L. 107–110; enacted June 24, 2004, and we cannot accept regulations using negotiated rulemaking January 8, 2002). The comment period public comments at this meeting. that address the following issues: for the proposed rules ended on June 24, The agenda for the meeting is as Defining adequate yearly progress, 2004. Since then, we have learned that follows: which is the measurement for the Department of Education has No Child Left Behind Negotiated determining that schools are providing developed comments on the rules. In Rulemaking quality education; establishing separate order to allow time for the Department geographic attendance areas for Bureau- of Education and any other interested August 10–13, 2004 funded schools; establishing a formula parties to submit comments for Albuquerque, New Mexico for determining the minimum amount consideration during development of necessary to fund Bureau-funded the final rules, we are reopening the Agenda schools; establishing a system of direct comment period for 10 days. During this Purpose of Meeting: Review public funding and support of all Bureau- period we will accept comments on any comments on six proposed rules under funded schools under the formula aspect of the rules from any interested the No Child Left Behind Act of 2001 established in the Act; establishing parties.

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Although these rules are published by requirement of a tolerance for residues body of your comment. If you send an the Bureau of Indian Affairs (BIA), the of peanuts, tree nuts, milk, soybeans, e-mail comment directly to EPA without Bureau of Land Management is eggs, fish, crustacea, and/or wheat when going through EDOCKET or processing comments under agreement used as inert or active ingredients in regulations.gov, your e-mail address with BIA. If you wish to comment on pesticide products, for certain use will be automatically captured and these proposed rules, you may submit patterns, under the Federal Food, Drug, included as part of the comment that is your comments by any one of several and Cosmetic Act, as amended by the placed in the public docket and made methods: Food Quality Protection Act of 1996. available on the Internet. If you submit (1) You may mail comments to DATES: Comments, identified by docket an electronic comment, EPA Director (630), Bureau of Land ID number OPP–2004–0191, must be recommends that you include your Management, Eastern States Office, 7450 received on or before September 20, name and other contact information in Boston Boulevard, Springfield, Virginia 2004. the body of your comment and with any 22153, Attention: RIN 1076–AE51. disk or CD ROM you submit. If EPA ADDRESSES: Submit your comments, (2) You may submit comments cannot read your comment due to identified by docket ID number OPP– electronically by direct Internet technical difficulties and cannot contact 2004–0191, by one of the following response to either http://www.blm.gov/ you for clarification, EPA may not be methods: nhp/news/regulatory/index.html, or able to consider your comment. Federal eRulemaking Portal: http:// http://www.blm.gov, or at Electronic files should avoid the use of www.regulations.gov/. Follow the on- regulations.gov under Indian Affairs special characters, any form of line instructions for submitting Bureau. encryption, and be free of any defects or comments. (3) You may hand-deliver comments viruses. For additional information to 1620 L Street, NW., Room 401, Agency Website: http://www.epa.gov/ edocket/. EDOCKET, EPA’s electronic about EPA’s public docket visit Washington, DC 20036. EDOCKET on-line or see the Federal Our practice is to make comments, public docket and comment system, is Register of May 31, 2002 (67 FR 38102) including names and home addresses of EPA’s preferred method for receiving (FRL–7181–7). respondents, available for public review comments. Follow the on-line during regular business hours. instructions for submitting comments. Docket: All documents in the docket Individual respondents may request that E-mail: Comments may be sent by e- are listed in the EDOCKET index at we withhold their home address from mail to [email protected], Attention: http://www.epa.gov/edocket/. Although the rulemaking record. We will honor Docket ID Number OPP–2004–0191. listed in the index, some information is the request to the extent allowable by Mail: Public Information and Records not publicly available, i.e., CBI or other law. There may be circumstances in Integrity Branch (PIRIB) (7502C), Office information whose disclosure is which we would withhold from the of Pesticide Programs (OPP), restricted by statute. Certain other rulemaking record a respondent’s Environmental Protection Agency, 1200 material, such as copyrighted material, identity, as allowable by law. If you Pennsylvania Ave., NW., Washington, is not placed on the Internet and will be wish us to withhold your name and/or DC 20460–0001, Attention: Docket ID publicly available only in hard copy address, you must state this Number OPP–2004–0191. form. Publicly available docket prominently at the beginning of your Hand delivery: Public Information materials are available either comment. However, we will not and Records Integrity Branch (PIRIB), electronically in EDOCKET or in hard consider anonymous comments. We Office of Pesticide Programs (OPP), copy at the Public Information and will make all submissions from Environmental Protection Agency, Rm. Records Integrity Branch (PIRIB), Rm. organizations or businesses, and from 119, Crystal Mall #2, 1801 S. Bell St., 119, Crystal Mall #2, 1801 S. Bell St., individuals identifying themselves as Arlington, VA, Attention: Docket ID Arlington, VA. This Docket Facility is representatives or officials of Number OPP–2004–0191. Such open from 8:30 a.m. to 4 p.m., Monday organizations or businesses, available deliveries are only accepted during the through Friday, excluding legal for public inspection in their entirety. Docket’s normal hours of operation, and holidays. The Docket telephone number is (703) 305–5805. Dated: July 16, 2004. special arrangements should be made David W. Anderson, for deliveries of boxed information. FOR FURTHER INFORMATION CONTACT: Instructions: Direct your comments to Kathryn Boyle, Registration Division Assistant Secretary—Indian Affairs. docket ID number OPP–2004–0191. (7505C), Office of Pesticide Programs, [FR Doc. 04–16658 Filed 7–19–04; 10:58 am] EPA’s policy is that all comments Environmental Protection Agency, 1200 BILLING CODE 4310–6W–P received will be included in the public Pennsylvania Ave., NW., Washington, docket without change and may be DC 20460–0001; telephone number: made available online at http:// (703) 305–6304; fax number: (703) 305– ENVIRONMENTAL PROTECTION www.epa.gov/edocket/, including any 0599; e-mail address: AGENCY personal information provided, unless [email protected]. the comment includes information 40 CFR Part 180 SUPPLEMENTARY INFORMATION: claimed to be Confidential Business [OPP–2004–0191; FRL–7365–5] Information (CBI) or other information I. General Information whose disclosure is restricted by statute. A. Does this Action Apply to Me? Pesticides: Tolerance Exemptions for Do not submit information that you Crustacea, Eggs, Fish, Milk, Peanuts, consider to be CBI or otherwise You may be potentially affected by Soybeans, Tree Nuts, and Wheat protected through EDOCKET, this action if you are an agricultural AGENCY: Environmental Protection regulations.gov, or e-mail. The EPA producer, food manufacturer, or Agency (EPA). EDOCKET and the regulations.gov pesticide manufacturer. Potentially affected entities may include, but are ACTION: Proposed rule. websites are ‘‘anonymous access’’ systems, which means EPA will not not limited to: SUMMARY: This document proposes to know your identity or contact • Industry (NAICS 111), e.g., crop establish an exemption from the information unless you provide it in the production.

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• Industry (NAICS 32532), e.g., iv. Describe any assumptions and The 3–year expiration date was added pesticide manufacturing. provide any technical information and/ to give the Agency time to examine the This listing is not intended to be or data that you used. use patterns of allergens used in exhaustive, but rather provides a guide v. If you estimate potential costs or pesticide products and notify affected for readers regarding entities likely to be burdens, explain how you arrived at registrants of any concerns this affected by this action. Other types of your estimate in sufficient detail to examination disclosed with use of these entities not listed in this unit could also allow for it to be reproduced. substances. (See the January 15, 2002, be affected. The North American vi. Provide specific examples to Federal Register (67 FR 1925) (FRL– Industrial Classification System illustrate your concerns, and suggest 6807–8) for additional information). (NAICS) codes have been provided to alternatives. Registrants would also have the same 3 assist you and others in determining vii. Explain your views as clearly as years to consider their options and then whether this action might apply to possible, avoiding the use of profanity carry-out the actions needed to maintain certain entities. If you have any or personal threats. their registrations. questions regarding the applicability of viii. Make sure to submit your this action to a particular entity, consult comments by the comment period IV. What Action is the Agency Taking? the person listed under FOR FURTHER deadline identified. Since placing the May 24, 2005, INFORMATION CONTACT. II. What is the Agency’s Authority for expiration date on the food allergen Taking this Action? tolerance exemptions, the Agency has B. How Can I Access Electronic Copies completed its review of the various of this Document and Other Related This proposed rule is issued under ways that chemical substances such as Information? section 408 of FFDCA, 21 U.S.C. 346a, food allergens are used in pesticide In addition to using EDOCKET (http:/ as amended by the Food Quality products. In this proposed rule, the /www.epa.gov/edocket/), you may Protection Act of 1996 (FQPA) (Public Agency is proposing to establish access this Federal Register document Law 104–170). Section 408(e) of FFDCA tolerance exemptions for certain electronically through the EPA Internet authorizes EPA to establish, modify, or specified uses of the raw and processed under the ‘‘Federal Register’’ listings at revoke tolerances, or exemptions from forms of crustacea, eggs, fish, milk, http://www.epa.gov/fedrgstr/. A the requirement of a tolerance for peanuts, soybeans, tree nuts, and wheat. frequently updated electronic version of residues of pesticide chemicals in or on The following types of uses are 40 CFR part 180 is available at E-CFR raw agricultural commodities and proposed: Beta Site Two at http:// processed foods. • When used in seed treatment www.gpoaccess.gov/ecfr/. III. Background products. • Nursery, potting and container C. What Should I Consider as I Prepare In the Federal Register of May 24, uses. My Comments for EPA? 2002 (67 FR 36534) (FRL–6834–8), the • Pre-plant and at-transplant 1. Submitting CBI. Do not submit this Agency placed an expiration date of applications. information to EPA through EDOCKET, May 24, 2005, on the following • Incorporation into seedling and regulations.gov, or e-mail. Clearly mark tolerance exemptions for allergen- planting beds. the part or all of the information that containing commodities: • Applications to cuttings and bare you claim to be CBI. For CBI roots. • information in a disk or CD ROM that 40 CFR Tolerance Exemp- Applications that occur after the you mail to EPA, mark the outside of the tion harvested crop has been removed. • Soil-directed applications around disk or CD ROM as CBI and then 180.910 formerly Casein identify electronically within the disk or 180.1001(c) and adjacent to all plants. CD ROM the specific information that is • Applications to rangelands, which claimed as CBI. In addition to one 180.910 formerly Fish meal is land, mostly grasslands, whose plants complete version of the comment that 180.1001(c) can provide food (i.e., forage) for grazing includes information claimed as CBI, a or browsing animals. copy of the comment that does not 180.910 formerly Soy protein, iso- • When used in chemigation and contain the information claimed as CBI 180.1001(c) lated irrigation via flood, drip, or furrow must be submitted for inclusion in the application. 180.910 formerly Soybean flour • public docket. Information so marked 180.1001(c) Application as part of a dry will not be disclosed except in fertilizer on which an active ingredient accordance with procedures set forth in 180.910 formerly Wheat, including is impregnated. 40 CFR part 2. 180.1001(c) flour, bran, • Aerial and ground applications 2. Tips for preparing your comments. and starch that occur when no above-ground When submitting comments, remember harvestable food commodities are 180.920 formerly Sodium casein- present (usually pre-bloom). to: 180.1001(d) ate i. Identify the rulemaking by docket • Application as part of an animal number and other identifying feed-through product. 180.930 formerly Soy protein, iso- • information (subject heading, Federal 180.1001(e) lated Applications as gel and solid (non- Register date, and page number). liquid/non-spray) crack and crevice ii. Follow directions. The agency may 180.930 formerly Wheat shorts treatments that place the gel or bait ask you to respond to specific questions 180.1001(e) directly into or on top of the cracks and or organize comments by referencing a crevices via a mechanism such as a Code of Federal Regulations (CFR) part 180.1071 Egg solids syringe. (whole) or section number. • Applications to the same crop from iii. Explain why you agree or disagree; which the food commodity is derived, suggest alternatives and substitute e.g., applications of peanut meal when language for your requested changes. applied to peanut plants.

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EPA’s intent is to establish crops that have smooth surfaces and those with certain food allergies, and exemptions from the requirement of a semi-spherical exteriors (e.g., apple, present them using commonly- tolerance for these allergen-containing orange, banana, grape or tomato), the understood terms. substances only for those uses which are allergen might also be enfolded in crops As stated above, there are time- unlikely to result in residues of an that do not have such characteristics limited exemptions for casein and allergen-containing material mixed-in such as lettuce or spinach. The Agency sodium caseinate. The tolerance with other (different) food commodities would welcome additional information exemption for sodium caseinate is easily as a result of a pesticide application. on these issues during the comment understood to be the following chemical With the exception of the last three period. substance: Caseins, sodium complexes uses, the uses described above are soil- The intent of these tolerance (CAS Reg. No. 9005–46–3). However, directed, or occur at a time that the crop exemptions is to protect those with the tolerance exemption for casein has is not present. If these allergens are allergies from being unknowingly been used as a generalized term to hold placed directly in/on the soil (no matter exposed to these most common several casein chemical substances, the application method), then it could allergens via consumed foods. However, which includes the ammonium and be expected that degradation via there are those who are not allergic and potassium salts as well as the naturally-occurring mechanisms would willingly consume foods such as hydrolyzed form of casein. To provide occur. peanuts or wheat. Application of a specificity on the food-commodity types Animal feed-through products are pesticide product containing wheat to of chemical substances that could be used to control flies in manure. Most stored wheat commodities does not termed casein, tolerance exemptions are animal feed-through products contain create concerns for those who are not proposed for: Caseins (CAS Reg. No. an active ingredient that is coated on a allergic to wheat. Therefore, 9000–71–9); caseins, ammonium small amount of an animal feed item. applications to the same crop from complexes (CAS Reg. No. 9005–42–9); The animal feed item could be an which the food commodity is derived, caseins, hydrolyzates (CAS Reg. No. allergen-containing material such as are proposed to be exempted because 65072–00–6); and caseins, potassium wheat. This coated animal feed item is any residue from the allergen would not complexes (CAS Reg. No. 68131–54–4). then mixed in with the usual animal present a different allergenic risk than VI. Cumulative Effects from Substances feed items. The animal’s consumption the underlying food commodity. with a Common Mechanism of Toxicity of small amounts of allergens as a result Post-harvest applications of these of this tolerance exemption should not allergen-containing materials to stored Section 408(b)(2)(D)(v) of the FFDCA impact their production of meat, milk, food commodities are not being requires that, when considering whether poultry and eggs for human proposed because those with allergies to establish, modify, or revoke a consumption, and should not result in need assurance that the foods that they tolerance, the Agency consider residues of allergenic-materials in food consume do not contain small amounts ‘‘available information’’ concerning the commodities. of allergen-containing materials that are cumulative effects of a particular Applications of gel and solid (non- introduced via the application of a pesticide’s residues and ‘‘other liquid/non-spray) crack and crevice registered pesticide product. The substances that have a common treatments that contain allergens are existing time-limited tolerance mechanism of toxicity.’’ also not expected to result in residues exemptions in 40 CFR 180.910, 180.920, The raw and processed forms of the in food. Food commodities can play a and 180.930 will expire on May 24, eight most common food critical role in certain pesticide 2005. There is no plan to extend these allergens:crustacea, eggs, fish, milk, formulations used in food processing tolerance exemptions. Registrants of peanuts, soybeans, tree nuts, and wheat areas to control rodent populations. The formulations with post-harvest uses do not appear to produce a toxic rodents are attracted to and then containing these eight allergens have metabolite produced by other consume the food which is coated with been notified by certified mail of the substances. For the purposes of this or contains within the active pesticide upcoming expiration date by the tolerance action, therefore, EPA has not ingredient. The Agency believes that Agency. assumed that these chemical substances these solid gel and bait formulations have a common mechanism of toxicity that are not sprayed, but directly placed V. What about Chemical Substances with other substances. For information in cracks and crevices would not be Whose Names Are Not Readily regarding EPA’s efforts to determine inadvertently mixed-in with the near-by Identified as an Allergen-Containing which chemicals have a common food commodities. Commodity? mechanism of toxicity and to evaluate The Agency believes that aerial and The relationship of the processed food the cumulative effects of such ground applications, that are not soil- commodity to the food commodity from chemicals, see the policy statements directed, but take place when no above- which it is derived may not always be released by EPA’s Office of Pesticide ground harvestable food is present are apparent by the name. For example, Programs concerning common unlikely to result in residues in food. It casein is milk protein. Currently, there mechanism determinations and is assumed that some of the allergen are time-limited exemptions for casein procedures for cumulating effects from could come in contact with the growing and sodium caseinate. substances found to have a common plant and in certain cases the To improve communication and to mechanism on EPA’s website at http:// developing edible crop. EPA generally avoid repeated questions on the www.epa.gov/pesticides/cumulative/. believes that the allergenic material tolerance exemption status of the certain would not be taken up by the growing chemical substances, the Agency VII. Determination of Safety for U.S. plant, due to such factors as the large intends to create within 40 CFR Population, Infants and Children size of the molecules and the difficulty 180.1071, a paragraph (b) to collect The substances considered in this of passing through the plant leaf cuticle tolerance exemptions for food- proposed rule are the food commodities layer, but no definitive information is commodity types of chemical that most commonly can invoke an available. While it can be hypothesized substances derived fromcrustacea, eggs, allergenic response. The intent of these that the allergenic material would fish, milk, peanuts, soybeans, tree nuts, tolerance exemptions is to protect those simply ‘‘slide off’’ certain developing or wheat that must also be avoided by with allergies from being unknowingly

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exposed to these most common Significantly Affect Energy Supply, rule directly regulates growers, food allergens via consumed foods. The Distribution, or Use (66 FR 28355, May processors, food handlers and food Agency has selected for this proposal 22, 2001). This proposed rule does not retailers, not States. This action does not only those uses that are unlikely to contain any information collections alter the relationships or distribution of result in residues of an allergen- subject to OMB approval under the power and responsibilities established containing material mixed-in with other Paperwork Reduction Act (PRA), 44 by Congress in the preemption (different) food commodities as a result U.S.C. 3501 et seq., or impose any provisions of section 408(n)(4) of the of a pesticide application. Those who enforceable duty or contain any FFDCA. For these same reasons, the are allergic to the eight most common unfunded mandate as described under Agency has determined that this food allergens (crustacea, eggs, fish, Title II of the Unfunded Mandates proposed rule does not have any ‘‘tribal milk, peanuts, soybeans, tree nuts, and Reform Act of 1995 (UMRA) (Public implications’’ as described in Executive wheat) benefit by having greater surety Law 104–4). Nor does it require any Order 13175, entitled Consultation and that these substances will not be present special considerations under Executive Coordination with Indian Tribal in the foods that they do consume. The Order 12898, entitled Federal Actions to Governments (65 FR 67249, November amendments and revisions to the Address Environmental Justice in 6, 2000). Executive Order 13175, existing tolerance exemptions will be Minority Populations and Low-Income requires EPA to develop an accountable beneficial to the regulated community Populations (59 FR 7629, February 16, process to ensure ‘‘meaningful and by providing detailed information on 1994); or OMB review or any Agency timely input by tribal officials in the how these allergenic food substances action under Executive Order 13045, development of regulatory policies that can be used in pesticide products. entitled Protection of Children from have tribal implications.’’ ‘‘Policies that As noted, the Agency is proposing Environmental Health Risks and Safety have tribal implications’’ is defined in only those uses which are unlikely to Risks (62 FR 19885, April 23, 1997). the Executive Order to include result in residues of an allergen- This action does not involve any regulations that have ‘‘substantial direct containing material mixed-in with other technical standards that would require effects on one or more Indian tribes, on (different) food commodities as a result Agency consideration of voluntary the relationship between the Federal of a pesticide application. Given this consensus standards pursuant to section Government and the Indian tribes, or on fact, EPA believes that the proposed 12(d) of the National Technology the distribution of power and tolerance exemption will be safe for Transfer and Advancement Act of 1995 responsibilities between the Federal humans including infants and children. (NTTAA), Public Law 104–113, section Government and Indian tribes.’’ This Because these exemptions are not 12(d) (15 U.S.C. 272 note). proposed rule will not have substantial expected to contribute to allergic This proposed rule establishes new direct effects on tribal governments, on individuals’ exposure to allergens, EPA tolerance exemptions in 40 CFR the relationship between the Federal has not assessed the risk of these 180.1071. Establishing a new tolerance Government and Indian tribes, or on the substances using a safety factor exemption permits expanded use of distribution of power and approach. Accordingly, application of pesticide products and thus has a responsibilities between the Federal an additional l0X safety factor analysis positive economic impact. Under Government and Indian tribes, as or quantitative risk assessment is not section 605(b) of the Regulatory specified in Executive Order 13175. necessary to protect infants and Flexibility Act (RFA) (5 U.S.C. 601 et Thus, Executive Order 13175 does not children. seq.), the Agency hereby certifies that apply to this proposed rule. VIII. Conclusion the proposed action to establish a new List of Subjects in 40 CFR Part 180 Accordingly, EPA is proposing to tolerance exemption for allergen- establish an exemption from the containing materials will not have Environmental protection, requirement for tolerance for peanuts, significant negative economic impact on Administrative practice and procedure, tree nuts, milk (including caseins), a substantial number of small entities. Agricultural commodities, Pesticides soybeans, eggs, fish, crustacea, and/or In addition, the Agency has and pests, Reporting and recordkeeping wheat when used according to those determined that this action will not requirements. uses (as specified above) which are have a substantial direct effect on States, Dated: July 6, 2004. on the relationship between the national unlikely to result in residues of an Lois Rossi, allergen-containing material mixed-in government and the States, or on the distribution of power and Director, Registration Division, Office of with other (different) food commodities Pesticide Programs. as a result of a pesticide application. responsibilities among the various levels of government, as specified in Therefore, it is proposed that 40 CFR IX. Statutory and Executive Order Executive Order 13132, entitled chapter I be amended as follows: Reviews Federalism (64 FR 43255, August 10, The Agency is acting on its own 1999). Executive Order 13132 requires PART 180—[AMENDED] initiative under FFDCA section 408(e) EPA to develop an accountable process in establishing a tolerance exemption to ensure ‘‘meaningful and timely input 1. The authority citation for part 180 for the allergen-containing commodities. by State and local officials in the continues to read as follows: The Office of Management and Budget development of regulatory policies that Authority: 21 U.S.C. 321(q), 346a and 371. (OMB) has exempted these types of have federalism implications.’’ ‘‘Policies 2. Section 180.1071 is revised to read actions from review under Executive that have federalism implications’’ is as follows: Order 12866, entitled Regulatory defined in the Executive Order to Planning and Review (58 FR 51735, include regulations that have § 180.1071 Crustacea, Eggs, Fish, Milk, October 4, 1993). Because this proposed ‘‘substantial direct effects on the States, Peanuts, Soybeans, Tree Nuts, and Wheat; rule has been exempted from review on the relationship between the national exemption from the requirement of a under Executive Order 12866 due to its government and the States, or on the tolerance. lack of significance, this proposed rule distribution of power and (a) Residues resulting from the is not subject to Executive Order 13211, responsibilities among the various following uses of the food commodity Actions Concerning Regulations That levels of government.’’ This proposed forms of crustacea, eggs, fish, milk,

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peanuts, soybeans, tree nuts, and wheat Chemical Sub- Street, SW., Room CY–B402, are exempted from the requirement of a stance CAS No. Washington, DC 20554, telephone 1– tolerance under FFDCA section 408 800–378–3160 or www.BCPIWEB.com. (when used as either an inert or an Caseins, sodium Provisions of the Regulatory active ingredient in a pesticide complexes ...... 9005–46–3 Flexibility Act of l980 do not apply to formulation), if such use is in this proceeding. accordance with good agricultural [FR Doc. 04–16214 Filed 7–20–04; 8:45 am] Members of the public should note practices: BILLING CODE 6560–50–S that from the time a Notice of Proposed (1) Use in pesticide products intended Rule Making is issued until the matter to treat seeds. is no longer subject to Commission (2) Use in nursery and greenhouse FEDERAL COMMUNICATIONS consideration or court review, all ex operations, as defined in 40 CFR 170.3, COMMISSION parte contacts are prohibited in which includes seeding, potting and Commission proceedings, such as this transplanting activities. 47 CFR Part 73 one, which involve channel allotments. (3) Pre-plant and at-transplant See 47 CFR 1.1204(b) for rules applications. [DA 04–2048; MB Docket No. 04–249; RM– 10998] governing permissible ex parte contacts. (4) Incorporation into seedling and For information regarding proper planting beds. Radio Broadcasting Services; Benton filing procedures for comments, see 47 (5) Applications to cuttings and bare and Yazoo City, MS CFR 1.415 and 1.420. roots. (6) Applications to the field that occur AGENCY: Federal Communications List of Subjects in 47 CFR Part 73 after the harvested crop has been Commission. Radio, Radio broadcasting. removed. ACTION: Proposed rule. (7) Soil-directed applications around For the reasons discussed in the and adjacent to all plants. SUMMARY: This document requests preamble, the Federal Communications (8) Applications to rangelands, which comments on a petition for rulemaking Commission proposes to amend 47 CFR is land, mostly grasslands, whose plants filed by SSR Communications, Inc., Part 73 as follows: can provide food (i.e., forage) for grazing licensee of Station WYAB(FM), Yazoo PART 73—RADIO BROADCAST or browsing animals. City, Mississippi, proposing the SERVICES (9) Use in chemigation and irrigation reallotment of Channel 226A from via flood, drip, or furrow application. Yazoo City, Mississippi to Benton, 1. The authority citation for Part 73 (10) Application as part of a dry Mississippi, as the community’s first continues to read as follows: fertilizer on which an active ingredient local transmission service, and the Authority: 47 U.S.C. 154, 303, 334 and 336. is impregnated. modification of the license for Station (11) Aerial and ground applications WYAB(FM) to reflect the changes. The § 73.202 [Amended] that occur when no above-ground coordinates for Channel 226A at Benton 2. Section 73.202(b), the Table of FM harvestable food commodities are are 32–50–29 NL and 90–16–28 WL. Allotments under Mississippi, is present (usually pre-bloom). (12) Application as part of an animal DATES: Comments must be filed on or amended by adding Benton, Channel feed-through product. before August 30, 2004, and reply 226A, and by removing Channel 226A at (13) Applications as gel and solid comments on or before September 14, Yazoo City. (non-liquid/non-spray) crack and 2004. Federal Communications Commission. crevice treatments that place the gel or ADDRESSES: Secretary, Federal John A. Karousos, bait directly into or on top of the cracks Communications Commission, 445 Assistant Chief, Audio Division, Media and crevices via a mechanism such as Twelfth Street, SW., Washington, DC Bureau. a syringe. 20554. In addition to filing comments [FR Doc. 04–16608 Filed 7–20–04; 8:45 am] (14) Applications to the same crop with the FCC, interested parties should BILLING CODE 6712–01–P from which the food commodity is serve the petitioner as follows: Matthew derived, e.g., applications of peanut K. Wesolowski, General Manager, SSR meal when applied to peanut plants. Communications, Incorporated, 5270 FEDERAL COMMUNICATIONS (b) Specific chemical substances. West Jones Bridge Road, Norcross, COMMISSION Residues resulting from the use of the Georgia 30092–1628. following substances as either an inert FOR FURTHER INFORMATION CONTACT: 47 CFR Part 73 or an active ingredient in a pesticide formulation are exempted from the Victoria McCauley, Media Bureau, (202) [DA 04–2049; MB Docket No. 04–248, RM– 10990] requirement of a tolerance under 418–2180. FFDCA section 408, if such use is in SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of Radio Broadcasting Services; Big Pine accordance with good agricultural Key, FL practices and such use is included in Proposed Rule Making, MB Docket No. paragraph (a) of this section: 04–249, adopted July 7, 2004, and AGENCY: Federal Communications released July 9, 2004. The full text of Commission. this Commission decision is available Chemical Sub- CAS No. ACTION: Proposed rule. stance for inspection and copying during normal business hours in the FCC’s SUMMARY: The Audio Division requests Caseins ...... 9000–71–9 Reference Information Center at Portals comment on a Petition for Rule Making Caseins, ammo- nium complexes 9005–42–9 II, CY–A257, 445 Twelfth Street, SW., filed by Call Communications Group Caseins, Washington, DC. This document may proposing the reservation of vacant hydrolyzates ...... 65072–00–6 also be purchased from the Channel 239A at Big Pine Key, Florida Caseins, potas- Commission’s duplicating contractors, for noncommercial educational use. The sium complexes 68131–54–4 Best Copy and Printing, Inc., 445 12th reference coordinates for Channel

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*239A at Big Pine Key, Florida are 24– § 73.202 [Amended] Federal Communications Commission. 40–0 North Latitude and 81–21–0 West 2. Section 73.202(b), the Table of FM John A. Karousos, Longitude. Allotments under Flordia, is amended Assistant Chief, Audio Division, Media Bureau. DATES: Comments must be filed on or by adding Channel *239A and by before August 30, 2004, and reply removing Channel 239A at Big Pine [FR Doc. 04–16610 Filed 7–20–04; 8:45 am] comments on or before September 14, Key. BILLING CODE 6712–01–P 2004. Federal Communications Commission. ADDRESSES: Federal Communications John A. Karousos, FEDERAL COMMUNICATIONS Commission, 445 Twelfth Street, SW., Assistant Chief, Audio Division, Media COMMISSION Washington, DC 20554. In addition to Bureau. filing comments with the FCC, 47 CFR Part 73 [FR Doc. 04–16609 Filed 7–20–04; 8:45 am] interested parties should serve the BILLING CODE 6712–01–P [DA 04–2068; MB Docket No. 04–252, RM– petitioner, as follows: Call 10862] Communications Group, PO Box 561532, Miami, Florida 33256–1832. Radio Broadcasting Services; Parker, FEDERAL COMMUNICATIONS AZ FOR FURTHER INFORMATION CONTACT: COMMISSION Rolanda F. Smith, Media Bureau, (202) AGENCY: Federal Communications 418–2180. 47 CFR Part 73 Commission. SUPPLEMENTARY INFORMATION: This is a ACTION: Proposed rule. synopsis of the Commission’s Notice of [DA 04–2053; MM Docket No. 99–275; RM– Proposed Rule Making, MB Docket No. 9704] SUMMARY: This document sets forth a 04–248, adopted July 7, 2004 and proposal to amend the FM Table of released July 9, 2004. The full text of Radio Broadcasting Services; Keno, Allotments, section 73.202(b) of the this Commission decision is available OR Commission’s rules, 47 CFR 73.202(b). for inspection and copying during The Commission requests comment on regular business hours at the FCC’s AGENCY: Federal Communications a petition filed by Farmworker Reference Information Center, Portals II, Commission. Educational Network, Inc., licensee of 445 Twelfth Street, SW., Room CY– Station KRIT(FM), Channel 230C3, ACTION: Proposal rule; dismissal. A257, Washington, DC 20554. The Parker, Arizona. Petitioner proposes the complete text of this decision may also substitution of Channel 252B1 for SUMMARY: be purchased from the Commission’s This document dismisses a Channel 230C3 at Parker, Arizona, and duplicating contractor, Best Copy petition for rulemaking filed by the modification of the license of Printing, Inc., 445 12th Street, Room Renaissance Community Improvement Station KRIT(FM) accordingly. Channel CY–B402, Washington, DC 20554, Association, Inc. proposing the 252B1 can be allotted at Parker in telephone 1–800–378–3160 or allotment of Channel 235A to Keno, compliance with the Commission’s www.BCPIWEB.com. Oregon. See 64 FR 49135, published minimum distance separation Provisions of the Regulatory September 10, 1999. With this action, requirements with a site restriction of Flexibility Act of 1980 do not apply to the proceeding is terminated. 12.0 km (7.5 miles) north of Parker. The coordinates for Channel 252B1 at Parker this proceeding. FOR FURTHER INFORMATION CONTACT: are 34–14–45 North Latitude and 114– Members of the public should note Robert Hayne, Mass Media Bureau (202) 16–14 West Longitude. The proposed that from the time a Notice of Proposed 418–2177. allotment is located within 320 Rule Making is issued until the matter kilometers (199 miles) of the United is no longer subject to Commission SUPPLEMENTARY INFORMATION: This is a States-Mexico border, so it will be consideration or court review, all ex synopsis of the Commission’s Report necessary to obtain concurrence in the parte contacts are prohibited in and Order in MM Docket No. 99–275, allotment from the Government of Commission proceedings, such as this adopted July 7, 2004, and released July Mexico. Competing expressions of one, which involve channel allotments. 9, 2004. The full text of this decision is interest will not be accepted. See 47 CFR 1.1204(b) for rules available for inspection and copying governing permissible ex parte contact. during normal business hours in the DATES: Comments must be filed on or before August 30, 2004, and reply For information regarding proper FCC’s Reference Information Center at comments on or before September 14, filing procedures for comments, see 47 Portals II, CY–A257, 445 12th Street, 2004. CFR 1.415 and 1.420. SW., Washington, DC 20554. The complete text of this decision may also ADDRESSES: Federal Communications List of Subjects in 47 CFR Part 73 be purchased from the Commission’s Commission, Washington, DC 20554. Radio, Radio broadcasting. copy contractor, Best Copy and Printing, FOR FURTHER INFORMATION CONTACT: Inc., 445 12th Street, SW., Room CY– For the reasons discussed in the Deborah A. Dupont, Media Bureau (202) preamble, the Federal Communications B402, Washington, DC 20554, telephone 418–7072. Commission proposes to amend 47 CFR 1–800–378–3160 or SUPPLEMENTARY INFORMATION: This is a Part 73 as follows: www.BCPIWEB.com. This document is synopsis of the Commission’s Notice of not subject to the Congressional Review Proposed Rule Making, MB Docket No. PART 73—RADIO BROADCAST Act. (The Commission is, therefore, not 04–252, adopted July 8, 2004, and SERVICES required to submit a copy of this Report released July 9, 2004. The full text of and Order to GAO, pursuant to the this Commission decision is available 1. The authority citation for part 73 Congressional Review Act, see 5 U.S.C. for inspection and copying during continues to read as follows: 801(a)(1)(A), because this proposed rule normal business hours in the FCC Authority: 47 U.S.C. 154, 303, 334 and 336. was dismissed.) Reference Information Center (Room

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CY–A257), 445 12th Street, SW., ACTION: Notice of a revised 90-day scientific or commercial information Washington, DC. The complete text of petition finding and initiation of a 5- indicating that the petitioned action this decision may also be purchased year status review. may be warranted. To the maximum from the Commission’s copy contractor, extent practicable, we must make the Best Copy and Printing, Inc., 445 12th SUMMARY: We, the U.S. Fish and finding within 90 days of receipt of the Street, SW., Room CY–B402, Wildlife Service (Service), announce a petition, and the finding is to be Washington, DC 20554, (800) 378–3160, revised 90-day finding for a petition to published promptly in the Federal or via the company’s Web site, remove the Lost River sucker (Deltistes Register. If we find substantial www.bcpiweb.com. luxatus) and shortnose sucker information exists to support the The Provisions of the Regulatory (Chasmistes brevirostris) throughout petitioned action, we are required to Flexibility Act of 1980 do not apply to their ranges from the Federal List of promptly commence a review of the this proceeding. Members of the public Threatened and Endangered Wildlife status of the species, if one has not should note that from the time a Notice and Plants (List), pursuant to the already been initiated (50 CFR 424.14). of Proposed Rule Making is issued until Endangered Species Act (Act) (16 U.S.C. ‘‘Substantial information’’ is defined as the matter is no longer subject to 1531 et seq.). We find that the petition ‘‘that amount of information that would Commission consideration or court does not present substantial scientific or lead a reasonable person to believe that review, all ex parte contacts are commercial information indicating that the measure proposed in the petition prohibited in Commission proceedings, delisting of the Lost River and shortnose may be warranted’’ (50 CFR 424.14(b)). such as this one, which involve channel suckers may be warranted. As a result Petitioners need not prove that the allotments. See 47 CFR 1.1204(b) for of the 1995, 1996, and 1997 fish die-offs, petitioned action is warranted to rules governing permissible ex parte the endangered suckers experienced support a ‘‘substantial’’ finding; instead, contacts. significant losses of thousands of adult the key consideration in evaluating a suckers and have not recovered. petition for substantiality involves For information regarding proper Although the petition and information demonstration of the reliability of the filing procedures for comments, see 47 in our files do not provide new information supporting the action CFR 1.415 and 1.420. information relevant to the status of the advocated by the petition (USFWS List of Subjects in 47 CFR Part 73 Lost River and shortnose suckers, we are 1995). initiating a 5-year review of these The factors for listing, delisting, or Radio, Radio broadcasting. species under section 4(c)(2)(A) of the reclassifying a species are described at For the reasons discussed in the Act to consider any new information 50 CFR 424.11. We may delist a species preamble, the Federal Communications that has become available as a result of only if the best scientific and Commission proposes to amend 47 CFR recent actions to reduce threats to the commercial data available substantiate part 73 as follows: species, and to provide the States, that it is neither endangered nor tribes, agencies, university researchers, threatened. Delisting may be warranted PART 73—RADIO BROADCAST and the public an opportunity to as a result of: (1) Extinction; (2) SERVICES provide information on the status of the recovery; and/or (3) a determination that species. We are requesting any new the original data used for classification 1. The authority citation for part 73 information on the Lost River and of the species as endangered or continues to read as follows: shortnose suckers since their original threatened were in error. Authority: 47 U.S.C. 154, 303, 334 and 336. listing as endangered species in 1988 A petition to delist the Lost River sucker and shortnose sucker, dated § 73.202 [Amended] (53 FR 27130). DATES: The finding announced in this September 12, 2001, was submitted by 2. Section 73.202(b), the Table of FM document was made on July 14, 2004. Mr. Richard A. Gierak, representing Allotments under Arizona, is amended To be considered in the 5-year review, Interactive Citizens United. Three other by removing Channel 230C3 and by comments and information should be similar petitions were received and adding Channel 252B1 at Parker. submitted to us by October 31, 2004. treated as comments on Mr. Gierak’s petition. On May 14, 2002, the Service Federal Communications Commission. ADDRESSES: Data, information, written John A. Karousos, published its initial finding that the comments and materials, or questions petitions to delist the Lost River and Assistant Chief, Audio Division, Media concerning this finding and 5-year Bureau. shortnose suckers did not present review should be submitted to the Field substantial scientific or commercial [FR Doc. 04–16611 Filed 7–20–04; 8:45 am] Supervisor, Klamath Falls Fish and information indicating that delisting the BILLING CODE 6712–01–P Wildlife Office, U.S. Fish and Wildlife suckers may be warranted (67 FR Service, 6610 Washburn Way, Klamath 34422). On June 12, 2002, Walt Moden, Falls, Oregon 97603. The petition Merle Carpenter, Charles Whitlatch, finding, supporting data, and comments John Bair, Tiffany Baldock, and Dale DEPARTMENT OF THE INTERIOR are available for public inspection, by Cross filed a complaint in Federal appointment, during normal business Fish and Wildlife Service District Court alleging that our initial hours at the above address. finding on the petition to delist the Lost FOR FURTHER INFORMATION CONTACT: Curt 50 CFR Part 17 River sucker and shortnose sucker was Mullis, Field Supervisor, at the above arbitrary and capricious and violated Endangered and Threatened Wildlife address, or at 541–885–8481. the Act (Moden v. U.S. Fish and Wildlife and Plants; Notice of Revised 90-Day SUPPLEMENTARY INFORMATION: Service). On September 3, 2003, the court ruled that our finding was Petition Finding and Initiation of a 5- Background Year Status Review of the Lost River arbitrary and capricious because it Sucker and Shortnose Sucker Section 4(b)(3)(A) of the Act requires reached unexplained conclusions not that the Service make a finding on supported by the administrative record. AGENCY: Fish and Wildlife Service, whether a petition to list, delist, or The court remanded the initial finding, Interior. reclassify a species presents substantial and ordered us to either reissue the

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initial finding with further explanation the shoreline spawning population of leading to large fish die-offs and or proceed to a status review. Consistent Lost River suckers for only a few of the reduced fitness; (6) lack of sufficient with the court’s order, the Service has last fifteen years (USFWS 2002). Also, recruitment; (7) entrainment into rewritten the original finding, clarifying there is apparently low survivorship irrigation and hydropower diversions; our analysis as well as addressing over the first winter, suggesting that fall/ (8) hybridization with the other native additional comments made by the court winter survival is low (USFWS 2002). Klamath sucker species; (9) potential and the petitioners. Die-offs in 1995, 1996, and 1997 have competition with introduced exotic killed many of the older fish, thus fishes; and (10) lack of regulatory Species Information reducing the ability of the populations protection from Federal actions that The Lost River sucker and shortnose to reproduce. Over 6,000 dead adult might adversely affect or jeopardize the sucker are two fishes that naturally suckers were collected following a 1996 species. These status assessments drew occur only in the upper Klamath Basin fish die-off, and this figure likely upon information from all published of southern Oregon and northern represented only a small fraction of the and unpublished reports on the biology, California. Both species primarily reside total that died (USFWS 2001). distribution, and status of the listed in lake habitats and spawn in tributary Following the 1995 through 1997 fish sucker species in the Klamath region streams or at springs and shoreline areas die-offs, the Sprague River spawning and the ecosystem on which they within Upper Klamath Lake. index declined 80 to 90 percent for the depend. The assessments also included Historically, the two species were very two suckers (USFWS 2001). Therefore, and considered new information that numerous in shallow lakes that current conditions, including poor was available. occurred in the upper basin and made water quality and low lake levels Discussion of Petition spawning migrations up the rivers of the resulting from drought, pose a serious Upper Klamath basin. Concentrations of risk to even tolerant and adaptive fish The petition states that delisting of migrating and spawning suckers were like suckers. (The spawning index is an the Lost River and shortnose suckers exploited as a food source by Native indicator of the relative number of should occur because, either: (1) The Americans and white settlers. The suckers that migrate in the Sprague estimates of the sucker populations in habitat of the two species has been River during the spring spawning the 1980s were in error and did not, in highly modified, owing to water period. Nets to survey suckers are put in fact, demonstrate a precipitous decline development projects, and has the river weekly over the entire (i.e., sucker populations in the 1980s contributed to their listing (USFWS spawning season. The index is were much larger than assumed); or (2) 1998). calculated by taking the average number the estimates of the sucker populations The Lost River sucker and shortnose of suckers caught per day per net and in the 1980s were reasonably accurate, sucker are long-lived species, reaching summing the averages over the season. and the suckers have demonstrated an ages of over 30 years. Also, both species While the spawning index is not enormous boom in the period since are highly fecund, being capable of necessarily the most accurate measure listing and no longer exhibit producing larger numbers of eggs, and of population size, because individual ‘‘endangered’’ status (i.e., sucker are more tolerant of poor water quality suckers may not spawn every year and populations have increased and are no conditions than trout (USFWS 2001). the capture efficiency of nets can be longer endangered). These factors should make the suckers affected by water clarity, currents, The petition’s supporting adaptable to drought and other adverse debris loading, and other factors, it is a documentation consists of an excerpt conditions (USFWS 1992). However, good indicator of trends when measured (four pages and ‘‘Figures 2 & 3’’) from because current water quality over a long period of time. Therefore, testimony by David A. Vogel before the conditions in Upper Klamath Lake and current conditions, including poor U.S. House Committee on Resources other areas are so adverse, there is water quality and low lake levels (Vogel 2001), five bibliographic considerable mortality. Few young resulting from drought, pose a serious references, and eight footnotes. The suckers are produced during drought risk to even tolerant and adaptive fish referenced testimony concerns sucker years and there is a regular order-of- like suckers. population estimates from the 1950s to magnitude decrease in juvenile sucker The two sucker species were federally 1997, which are included in the petition numbers from summer to fall. For listed as endangered in 1988 (53 FR as a table labeled ‘‘Figure 2.’’ Figure 2 successful recruitment to occur, young 27130). The original listing and status provides selective information for the fish must survive to spawn, but assessments conducted in 2001 and two sucker species from three time substantial recruitment of subadult fish 2002 and included in two biological periods: pre-1980s (1950s–1976), 1980s, into the spawning population has been opinions on the operations of the and 1990s (see Table 1 below). While rare (USFWS 2001). In a 2002 biological Bureau of Reclamation’s Klamath this table displays population estimates opinion, the Service examined data Project (USFWS 2001, 2002) concluded that are higher since listing, we find that relevant to recruitment and found: ‘‘The that the suckers were still subject to the comparisons of population sizes pre- available data show evidence for following threats: (1) Drastically and post-listing using these data are relatively substantial recruitment of reduced adult populations and invalid because: (1) Data were obtained smaller fish into the Williamson River reduction in range; (2) extensive habitat using different methods and models, population of Lost River sucker and loss, degradation and fragmentation; (3) and assumptions used by those models shortnose sucker in only a few of the small or isolated adult populations; (4) were violated; and (2) the estimates do last eighteen years.’’ The data also show isolation of existing populations by not refer to the same populations. These that there is substantial recruitment into dams (passage); (5) poor water quality limitations are explained below.

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TABLE 1.—ESTIMATED LOST RIVER AND SHORTNOSE SUCKER POPULATIONS FROM PETITION FIGURE 2

1950s-early Species 1960s 1970 1976 1984 1985 1986 1987 1996 1997

Lost River Sucker .. Unknown ..... Unknown ..... Unknown ..... 23,123 11,861 6,000 Unknown ..... 94,000 46,000 Shortnose Sucker .. Extremely Very rare ..... 200–1,000 ... 2,650 1,490 500 Only 20 seen 252,000 146,000 low (<200).

The petitioners state that sucker very likely experienced a precipitous was referenced in the petition regarding populations in the 1980s were much decline between 1984 and 1986, population increases is unreliable. With larger than assumed at listing and consistent with the supporting literature regard to the 1997 estimate, the Service therefore listing was unnecessary. In provided by the petitioners and concluded that a violation had likely support of this statement, the petitioner consistent with the final listing rule occurred in both of the assumptions in refers to Mr. Vogel’s testimony (USFWS 1988). Therefore, information the mark and recapture method (i.e., concerning sucker population estimates, referenced in the petition supports the that marked fish are randomly mixed in which were included in the petition fact that sucker populations prior to the population, and all fish have equal (and reproduced as Figure 1) in this listing experienced significant declines. probability of being recaptured) finding. Consequently, the information cited in (USFWS 2001). Because of inherent In response to the court’s questions in the petitions corroborates the Service’s problems with these data, the Services its remand regarding the significance of 1988 determination that listing was did not include them in the body of its supplementary information concerning warranted. 2002 biological opinion, but instead sucker populations prior to the listing in The petition did not provide any included the population estimates in an 1988, we also considered data contained information about the status of the appendix, where we carefully and fully in supplementary references provided suckers during the period between the explained their limitations (USFWS by the plaintiffs, including a letter from 1950s and 1976 other than what is 2002). Craig Beinz (The Klamath Tribes) (Beinz presented above in Table 1. The 2001 Others have also concluded that the 1986); meeting notes of the Sucker biological opinion reviewed this early 1996 and 1997 population estimates Working Group (Williams 1986); a data and found that creel surveys based on the fish die-offs are unreliable, USFWS memorandum (USFWS 1986); indicated an increase in the Sprague including Dr. D. Anderson, a specialist and a Service endangered species River harvest between 1966 and 1969 in the analysis of mark and recapture technical bulletin (USFWS 1987). These and then a sharp decline by 1974 data to estimate fish and wildlife documents emphasize the drastic (USFWS 2001). population sizes (Anderson 2003); the decline in sucker populations in the The petitioners state that the suckers State of Oregon’s Independent 1980s and the need for Federal no longer exhibit ‘‘endangered’’ status Multidisciplinary Science Team (IMST protection, and thus supported the 1988 because their populations have 2003); and the National Academy of listing. dramatically increased since listing, Science’s National Research Council’s The sucker population information for citing the referenced testimony, Committee on Endangered and the 1980s provided by the petitioners including various brief statements Threatened Fishes in the Klamath River and reproduced above in Table 1 was concerning additional aspects of the Basin (NRC 2003). The IMST concluded obtained from surveys jointly conducted sucker’s status. These statements are their review with the statement, ‘‘At this by the Klamath Tribes and Oregon reviewed below. time, it is not possible to accurately Department of Fish and Wildlife from Table 1, above, provides estimates of determine the current total abundance 1984 through 1986, and was produced sucker population sizes for the Upper of suckers in Upper Klamath Lake or the in a final report by Bienz and Ziller Klamath Lake in 1996 and 1997. trend in abundance over the past 15+ (1987) titled ‘‘Status of Three Lacustrine Although the original source of the years with reliability’’ (IMST 2003). The Sucker Species (Catostomidae).’’ Sucker estimates is not referenced in the NRC, which had included the 1996 population information in this report petitions, the Service believes the data through 1997 population estimates in was considered by the Service in the are from a draft report entitled their 2002 draft interim report (NRC original listing and in the two status ‘‘Information on the Population 2002), removed the population assessments (USFWS 1988, 2001, 2002). Dynamics of Shortnose and Lost River estimates from their final report and Bienz and Ziller (1987) focused on Suckers in Upper Klamath Lake, concluded their evaluation of sucker populations that spawned in the Oregon,’’ written by U. S. Geological population sizes with the statement: Sprague River, the major tributary of the Survey (USGS) staff in 1998, following ‘‘For purposes of ESA actions, the lake and the primary spawning site for their spring and summer sampling of critical facts, which are known with a Upper Klamath Lake suckers, because it adult sucker populations in Upper high degree of certainty, are that the fish was believed that the sport fishery on Klamath Lake and recovery of dead are much less abundant than they that river was adversely impacting the suckers in the 1996 through 1997 fish originally were and that they are not sucker populations. Bienz and Ziller die-offs (Shively 2002, 2003). showing an increase in overall (1987) noted significant declines in the The USGS did not finalize the draft abundance’’ (NRC 2003). numbers and sizes of suckers caught report on the population estimates, Additionally, the 1996 through 1997 over the 3 years of their study and owing to concerns that the implicit population estimates were derived from concluded: ‘‘Lost River and shortnose assumptions in the methods they used dead suckers collected during extensive suckers appear headed for extirpation to estimate population sizes may have summer die-offs, and therefore those from Upper Klamath and Agency lakes been violated and due to concerns data were applicable to population sizes ***’’ associated with the data’s statistical prior to the die-offs. Based on catches of Table 1, above, shows evidence that limitations (Shively 2002). As a result, migrating suckers in the Williamson suckers spawning in the Sprague River the information from this report that River, the USGS found that the

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spawning index had declined 97 and 1993) have recruited into the adults for each species, and an isolated percent for both species of suckers spawning populations (USFWS 2002). population of shortnose suckers in between 1995 and 1999 (USFWS 2002). The petitioners referenced testimony Gerber Reservoir of unknown size. There has been an increase in the that populations of both Lost River and Because the additional sucker spawning index for Lost River suckers shortnose sucker in Clear Lake populations were within the known since 1999, but it has not reached the Reservoir, and the population of range at the time of listing, we do not 1995 levels. Spawning indices for shortnose sucker in Gerber Reservoir, consider the additional populations as shortnose suckers are showing little are more abundant than reported at the representing a substantial increase in recovery and if a substantial number of time of listing and exhibit good the geographic range. adults die in the near future, the recruitment. Clear Lake and Gerber The petitioners referenced testimony population could plummet. Therefore, Reservoir are much smaller than Upper that the sucker populations in the the information in the petition and in Klamath Lake, and therefore have Klamath River reservoirs are more our files, rather than showing healthy smaller sucker populations. The recent abundant and widespread than assumed populations in the 1990s, depicts status assessments of the suckers at the time of listing. At the time of populations subject to high adult considered this information (USFWS listing, a ‘‘substantial’’ population of mortality and showing inadequate 2001, 2002). However, available data shortnose suckers was reported from recruitment. Consequently the data shows that older suckers may be absent Copco Reservoir, with additional suggest a downward trend occurred in and the populations are physically and collections from Iron Gate and J.C. Boyle population sizes (USFWS 2002). This genetically isolated by dams from the reservoirs. Lost River suckers were addresses a concern raised by the court rest of the Upper Klamath Basin. reported to have been collected from all on page 19 of the Opinion and Order Because of the small size of the three reservoirs but have been regarding apparent trends in the reservoirs and inadequate inflows practically eliminated from Copco population information. The trend that during prolonged droughts, those Reservoir. More recent sampling in the is apparent in the 1990s is one that is populations may be subject to extinction Klamath River reservoirs indicates these downward. if water levels get so low that the populations are not large and there is no On page 18 of the Opinion and Order, reservoirs are dry, if predators consume evidence that these reservoir the court pointed out that the 2001 the fish, or if water quality gets too poor populations are self sustaining (USFWS status report does not explore the for survival (USFWS 2001, 2002). 2001, 2002). Following the drought of 1992, Clear The petitioners also referenced differences in methodology between Lake reached levels so low that it testimony that hybridization among the estimates in the 1980s and the 1990s, contained only 5 percent of its full species of suckers in the Klamath Basin except to say that ‘‘no accurate capacity. If that drought would have was assumed to be a threat in the 1988 population estimate was available.’’ As continued, much of the reservoir would listing, but is now known not to be as we noted through the clarification have been dry the following year problematic. The recent status above, data collected in the 1980s were (USFWS 2002). Droughts also may assessment of the suckers reflects that based on sampling in the Sprague River, prevent suckers from reaching upstream ongoing genetic and morphological while those obtained in the 1990s were spawning areas because access is studies have confirmed that based on dead suckers recovered from blocked (USFWS 2002). Following hybridization has resulted in genes from the Upper Klamath Lake fish die-offs. droughts, suckers appear to be stressed one species being transferred to another The population estimates, 1980s v. and in poor health (USFWS 2002). species and has occurred among the 1990s, are not comparable because the The petitioners additionally four species of suckers native to the 1990s estimates are unreliable, as the referenced testimony that the Klamath Basin (USFWS 2001, 2002). USGS has stated, because those data geographic range of the suckers is The 2002 assessment found that some failed to meet necessary model greater than believed at the time of hybridization may be natural within assumptions. Also, the estimates from listing in 1988. The recent status Klamath suckers. However, the the Sprague River are only for suckers assessments of the suckers reflect that biological and conservation that spawn in particular reaches of the the known geographic ranges of the two implications of hybridization, as well as Sprague River, whereas data from the suckers have not changed substantially the degree to which recent man-made die-offs likely represented suckers from since listing (USFWS 2001, 2002). At changes to the Klamath Basin have several populations that might spawn in the time of listing, shortnose and Lost altered the natural rate of hybridization, other river reaches or along the River suckers were reported from Upper are still unresolved, and therefore the shoreline of the lake. Therefore the data Klamath Lake, its tributaries, Lost River, degree of the threat is unknown are not comparable, because one data set Clear Lake Reservoir, the Klamath River, (USFWS 2002). has been invalidated and the data were and the three Klamath River reservoirs All of the issues discussed in the not from the same populations. (Copco, Iron Gate, and J.C. Boyle). The petitioner’s referenced testimony, i.e., Information in the petitions noted that two additional shortnose sucker and one mid-1990s population sizes, the Upper Klamath Lake sucker additional Lost River sucker recruitment, geographic range, and populations have experienced populations that have been recognized hybridization, are addressed in the substantial recruitment in recent years since listing are within the Lost River recent biological opinions that assessed and also exhibit recruitment every year. drainage, which was identified as part the species’ status and found that the For recruitment to occur, young suckers of the species’ range at the time of endangered suckers are faced with must survive to spawn. Although the listing. The populations occur in continued threats to their populations Upper Klamath Lake sucker populations isolated sections of the Lost River (USFWS 2001, 2002). The quantitative appear to spawn and produce some drainage and are separated from other comparisons among population young every year, significant populations by dams. They include a estimates pre- and post listing provided recruitment into the spawning small population of each species in Tule by the petitioners and reproduced in population is infrequent (USFWS 2002). Lake (including the lower Lost River Table 1 above are not informative owing From 1988 to 2001, only two relatively below Anderson Rose Dam), which are to differences in methods and violations strong cohorts (i.e., those born in 1991 apparently limited to several hundred of model assumptions. Nevertheless, it

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appears likely that some population us to consider new information that has C. Conservation measures that have increase occurred in the mid-1990s become available as a result of recent been implemented that benefit the following cessation of the sport fishery actions, and to provide the States, species; and owing to a large 1991 year class Tribes, agencies, university researchers, D. Threat status and trends; and recruiting into the adult sucker and the public an opportunity to E. Other new information, data, or populations in the mid-1990s. However, provide information on the status of the corrections including, but not limited three consecutive years of water-quality- species. This notice announces our to, taxonomic or nomenclatural changes, related die-offs in 1995 through 1997 active review of the Lost River sucker identification of erroneous information killed a major portion of the adult and shortnose sucker. contained in the list, and improved populations (USFWS 2002). Therefore, Although we recently completed analytical methods. regardless of what the population sizes status assessments for these species If you wish to provide information for were prior to the fish die-offs, they were (USFWS 2001, USFWS 2002), new the status review, you may submit your much smaller afterwards and information is being acquired and a comments and materials to the Field consequently their reproductive number of actions have been Supervisor, Klamath Falls Fish and potential would have been much implemented or will soon be Wildlife Office (see ADDRESSES section). reduced. Following the die-offs, poor implemented to reduce threats to the Our practice is to make comments, water quality was realized as a serious species, including installing a fish including names and home addresses of threat, if not the major threat, to the two screen at A-Canal in 2003, constructing respondents, available for public review species’ continued survival. Thus, the a fish ladder at the Link River Dam in during regular business hours. available scientific or commercial 2004, and improving passage in the near Respondents may request that we information indicates that: (1) The future at the Chiloquin Dam. withhold a respondent’s identity, as increased population numbers Additionally, habitat restoration is allowable by law. If you wish us to referenced in the petition are based on occurring around Upper Klamath Lake withhold your name or address, you population estimates that have been and in its tributaries. These actions, must state this request prominently at determined to be unreliable; (2) any combined with new information on the the beginning of your comment. population increase that may have species, could affect the species’ status However, we will not consider occurred in early 1990s was offset by and we are, therefore, proceeding to an anonymous comments. To the extent later declines owing to large sucker die- updated status review of the species. consistent with applicable law, we will offs; and (3) poor water quality was make all submissions from recognized as being more of a threat Public Information Solicited organizations or businesses, and from than was previously considered owing To ensure that the status review is individuals identifying themselves as to three recent fish-die-off events. complete and based on the best representatives or officials of Finding available scientific and commercial organizations or businesses, available information, we are soliciting any for public inspection in their entirety. We have reviewed the petition and its additional information, comments, or Comments and materials received will supporting documentation, as well as suggestions on the Lost River sucker and be available for public inspection, by information in Service files and readily shortnose sucker from the public, other appointment, during normal business available published and unpublished concerned governmental agencies, hours at the above address. studies and reports. On the basis of this tribes, the scientific community, review, we find that the petitions do not References Cited industry, environmental entities, or any present substantial information other interested parties. Information A complete list of all references cited indicating that delisting of the Lost sought includes any data regarding in this finding is available, upon River sucker or shortnose sucker may be historical and current distribution, request, from the Klamath Falls Fish warranted. biology and ecology, ongoing and Wildlife Office (see ADDRESSES Five-Year Review conservation measures for the species or section). Section 4(c)(2)(A) of the Act requires its habitat, and threats to the species or Author that we conduct a review of listed its habitat. We also request information The primary author of this document species at least once every 5 years. We regarding the adequacy of existing is Ron Larson, fishery biologist, Klamath are then, under section 4(c)(2)(B), to regulatory mechanisms. Falls Fish and Wildlife Office, U.S. Fish determine, on the basis of such a The 5-year review considers all new and Wildlife Service (see ADDRESSES review, whether or not any species information available at the time of the section). should be removed from the List review. This review will consider the (delisted), or reclassified from best scientific and commercial data that Authority has become available since the current endangered to threatened, or threatened The authority for this action is the to endangered. Our regulations at 50 listing determination or most recent status review, such as: Endangered Species Act of 1973, as CFR 424.21 require that we publish a amended (16 U.S.C. 1531 et seq.). notice in the Federal Register A. Species biology including, but not announcing those species currently limited to, population trends, Dated: July 14, 2004. under active review. Although the 90- distribution, abundance, demographics, Marshall Jones, Jr., day petition finding precludes the need and genetics; Acting Director, U.S. Fish and Wildlife to initiate a 12-month status review, we B. Habitat conditions including, but Service. believe that a comprehensive, 5-year not limited to, amount, distribution, and [FR Doc. 04–16549 Filed 7–20–04; 8:45 am] status review is appropriate in order for suitability; BILLING CODE 4310–55–P

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Notices Federal Register Vol. 69, No. 139

Wednesday, July 21, 2004

This section of the FEDERAL REGISTER [email protected] or http:// Standards for Grades of Canned Pears contains documents other than rules or www.regulations.gov. The current was published in the January 21, 2004, proposed rules that are applicable to the United States Standards for Grades of Federal Register (69 FR 2885). public. Notices of hearings and investigations, Canned Pears, along with the proposed In response to our request for committee meetings, agency decisions and changes, will be available either through comments, AMS received two rulings, delegations of authority, filing of petitions and applications and agency the address cited above or by accessing comments both from pear processors. statements of organization and functions are the AMS Home Page on the Web at The comments favored the proposed examples of documents appearing in this http://www.ams.usda.gov/standards/ revision of the standard. section. frutcan.htm. Based on the submitted information, AMS is proposing to revise the standard FOR FURTHER INFORMATION CONTACT: Karen L. Kaufman at (202) 720–5021 or for canned pears following the standard DEPARTMENT OF AGRICULTURE e-mail at [email protected]. format for U.S. Grade Standards. The proposed revision will change the SUPPLEMENTARY INFORMATION: Section Agricultural Marketing Service character classification for Grade ‘‘B’’, 203(c) of the Agricultural Marketing Act slices, and diced, style canned pears by of 1946, as amended, directs and United States Standards For Grades of including the following: ‘‘the units are authorizes the Secretary of Agriculture Canned Pears reasonably tender or the tenderness may ‘‘to develop and improve standards of be variable within the unit.’’ The [Docket No. FV–04–333] quality, condition, quantity, grade and current standard contains this wording AGENCY: Agricultural Marketing Service, packaging and recommend and for character classifications for halves, USDA. demonstrate such standards in order to quarters, pieces or irregular pieces and ACTION: Notice; request for public encourage uniformity and consistency whole pears. comment. in commercial practices * * *.’’ AMS is This proposal will provide a common committed to carrying out this authority SUMMARY: The Agricultural Marketing language for trade, a means of in a manner that facilitates the Service (AMS) of the Department of measuring value in the marketing of marketing of agricultural commodities Agriculture (USDA) is soliciting canned pears, and provide guidance in and makes copies of official standards comments on the proposal to revise the the effective utilization of canned pears. available upon request. Those United United States Standards for Grades of The official grade of a lot of canned States Standards for Grades of Fruits Canned Pears. AMS received two pears covered by these standards will be and Vegetables no longer appear in the petitions, one from a grower determined by the procedures set forth Code of Federal Regulations but are cooperative, the other from a processor, in the Regulations Governing Inspection maintained by USDA/AMS/Fruit and requesting that USDA change the and Certification of Processed Products Vegetable Programs. character classification for Grade ‘‘B’’, Thereof, and Certain Other Processed AMS is proposing to revise the U.S. slices, and diced, to read ‘‘the units are Food Products (§ 52.1 to 52.83). Standards for Grades of Canned Pears reasonably tender or tenderness may be This notice provides for a 60 day using the procedures that appear in Part variable within the unit.’’ This change comment period for interested parties to 36 of Title 7 of the Code of Federal was requested by the industry in order comment on changes to the standards. Regulations (7 CFR Part 36). to bring the standards for canned pears Authority: 7 U.S.C. 1621–1627. in line with the present quality levels Proposed by the petitioner being marketed today and provide Dated: July 14, 2004. AMS received two petitions, one from A. J. Yates, guidance in the effective utilization of a grower cooperative and the other from canned pears. Administrator, Agricultural Marketing a processor, requesting the revision of Service. DATES: Comments must be submitted on the United States Standards for Grades [FR Doc. 04–16486 Filed 7–20–04; 8:45 am] or before September 20, 2004. of Canned Pears. The standards are ADDRESSES: Interested persons are established under the authority of the BILLING CODE 3410–02–P invited to submit written comments Agricultural Marketing Act of 1946 (7 concerning this notice. Comments U.S.C. 1621–1627). The petitioners DEPARTMENT OF AGRICULTURE should reference the date and page of represent growers from Washington this issue of the Federal Register. All State, Oregon and parts of California. Agricultural Marketing Service comments received will be made The petitioners are requesting that available for public inspection at the USDA change the character [No. LS–04–11] address listed below during regular classification for Grade ‘‘B’’, slices, and Results of Soybean Request for business hours and on the Internet. diced, canned pears. The petitioners Referendum Please submit comments to Karen L. believe the change in the standard will Kaufman, Standardization Section, improve the economic position of AGENCY: Agricultural Marketing Service, Processed Products Branch, Fruit and domestic growers of pears. USDA. Vegetable Programs, Agricultural Prior to undertaking research and ACTION: Notice. Marketing Service, U.S. Department of other work associated with revising the Agriculture, 1400 Independence Avenue grade standards, AMS decided to seek SUMMARY: The Agricultural Marketing SW.; Room 0709, South Building; STOP public comments on the petition. A Service’s (AMS) Request for 0247, Washington, DC 20250; Fax (202) notice requesting comments on the Referendum shows that too few soybean 690–1527, e-mail petition to revise the United States producers want a referendum on the

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Soybean Promotion and Research Order Number of DEPARTMENT OF AGRICULTURE (Order) for one to be conducted. The State valid re- Request for Referendum was held from quests for Forest Service May 1, 2004, through May 28, 2004, at referendum the Department of Agriculture’s (USDA) Annual List of Newspapers To Be Used Alabama ...... 0 by the Alaska Region for Publication of county Farm Service Agency offices. To Alaska ...... 0 trigger a referendum 66,388 soybean Legal Notices of Proposed Actions and Arizona ...... 0 Legal Notices of Decisions Subject to producers must complete a Request for Arkansas ...... 19 Referendum. The number of soybean Administrative Appeal Under 36 CFR California ...... 0 Part 215 producers requesting a referendum was Colorado ...... 4 3,206. Connecticut ...... 0 AGENCY: Forest Service, USDA. FOR FURTHER INFORMATION CONTACT: Delaware ...... 1 ACTION: Notice. Kenneth R. Payne, Chief; Marketing Florida ...... 0 Georgia ...... 6 Programs Branch, Room 2638–S; SUMMARY: This notice lists the Hawaii ...... 0 Livestock and Seed Program, AMS, newspapers that Ranger Districts, Idaho ...... 0 USDA; STOP 0251; 1400 Independence Forests, and the Regional Office of the Illinois ...... 1,145 Avenue, SW.; Washington, DC 20250– Alaska Region will use to publish legal Indiana ...... 220 0251, telephone number 202/720–1115, notice of all decisions subject to appeal Iowa ...... 542 or via e-mail at under 36 CFR part 215 and to publish [email protected]. Kansas ...... 92 Kentucky ...... 11 legal notices for public comment on SUPPLEMENTARY INFORMATION: Pursuant Louisiana ...... 2 actions subject to the notice and to the Soybean Promotion, Research, Maine ...... 0 comment provisions of 36 CFR part 215, and Consumer Information Act (Act) (7 Maryland ...... 6 as updated on June 4, 2003. The U.S.C. 6301 et seq.), every 5 years the Massachusetts ...... 0 intended effect of this action is to Secretary of Agriculture (Secretary) will Michigan ...... 49 inform interested members of the public give soybean producers the opportunity Minnesota ...... 258 which newspapers will be used to to request a referendum on the Order. If Mississippi ...... 4 publish legal notice of actions subject to the Secretary determines that at least 10 Missouri ...... 182 public comment and decisions subject percent of U.S. producers engaged in Montana ...... 0 to appeal under 36 CFR part 215, growing soybeans (not in excess of one- Nebraska ...... 92 thereby allowing them to receive fifth of which may be producers in any Nevada ...... 0 constructive notice of a decision or one State) support the conduct of a New Hampshire ...... 0 proposed action, to provide clear referendum, the Secretary must conduct New Jersey ...... 1 evidence of timely notice, and to a referendum within 1 year of that New Mexico ...... 0 achieve consistency in administering determination. If these requirements are New York ...... 1 the appeals process. not met, a referendum would not be North Carolina ...... 18 ADDRESSES: Robin Dale, Alaska Region conducted. North Dakota ...... 16 Group Leader for Appeals, Litigation A notice of opportunity to Request a Ohio ...... 331 and FOIA; Forest Service, Alaska Soybean Referendum was publicized in Oklahoma ...... 7 Region; P.O. Box 21628; Juneau, Alaska the Federal Register (69 FR 15289) on Oregon ...... 0 99802–1628. March 25, 2004. To be eligible to Pennsylvania ...... 20 Puerto Rico ...... 0 DATES: Publication of legal notices in participate in the Request for the listed newspapers begins on July 1, Referendum, producers or the producer Rhode Island ...... 0 South Carolina ...... 4 2004. This list of newspapers will entity that they are authorized to remain in effect until it is superceded by represent must have certified and South Dakota ...... 112 Tennessee ...... 9 a new list, published in the Federal provided supporting documentation Register. showing that they or the producer entity Texas ...... 5 they represent paid on assessment Utah ...... 0 FOR FURTHER INFORMATION CONTACT: sometime during the representative Vermont ...... 0 Robin Dale; Alaska Region Group period between January 1, 2002, and Virginia ...... 10 Leader for Appeals, Litigation and Washington ...... 0 December 31, 2003. FOIA; (907) 586–9344. West Virginia ...... 11 According to USDA, there are 663,880 Wisconsin ...... 28 SUPPLEMENTARY INFORMATION: This soybean producers in the United States Wyoming ...... 0 notice provides the list of newspapers (see 69 FR 13458). that Responsible Officials in the Alaska A total of 3,206 valid Requests for Total ...... 3,206 Region will use to give notice of Referendum were completed by eligible decisions subject to notice, comment, soybean producers. This number does Authority: 7 U.S.C. 6301–6311. and appeal under 36 CFR part 215. The not meet the requisite number of 66,388. timeframe for comment on a proposed Therefore, based on the Request for Dated: July 14, 2004. action shall be based on the date of Referendum results, a referendum will A. J. Yates, publication of the legal notice of the not be conducted. In accordance with Administrator, Agricultural Marketing proposed action in the newspapers of the provisions of the Act, soybean Service. record identified in this notice. The producers will be provided another [FR Doc. 04–16487 Filed 7–20–04; 8:45 am] timeframe for appeal under 36 CFR part opportunity to request a referendum in BILLING CODE 3410–02–M 215 shall be based on the date of 5 years. publication of the legal notice of the The following is the State-by-State decision in the newspaper of record results of the Request for Referendum: identified in this notice.

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The newspapers to be used for giving DEPARTMENT OF COMMERCE the respondents’ questionnaire notice of Forest Service decisions in the responses and to allow the Department Alaska Region are as follows: International Trade Administration time to analyze the respondents’ data A–570–896A–821–819 thoroughly and to seek additional Alaska Regional Office information. Decisions of the Alaska Regional Notice of Postponement of Preliminary For the reasons identified by the petitioners and because there are no Forester: Juneau Empire, published Determinations in Antidumping Duty compelling reasons to deny the request, daily except Saturday and official Investigations of Magnesium Metal we are postponing the preliminary holidays in Juneau, Alaska; and the from the People’s Republic of China and the Russian Federation determinations under section 733(c)(1) Anchorage Daily News, published daily of the Act. Therefore, the preliminary in Anchorage, Alaska. AGENCY: Import Administration, determinations in both these cases are International Trade Administration, Chugach National Forest now due no later than September 24, Department of Commerce. 2004. The deadline for the final Decisions of the Forest Supervisor and SUMMARY: The Department of Commerce determinations will continue to be 75 District Rangers: Anchorage Daily News, (‘‘Department’’) is postponing the days after the date of the preliminary published daily in Anchorage, Alaska. preliminary determinations in the determinations, unless extended. antidumping duty investigations of This notice is issued and published Tongass National Forest magnesium metal from the People’s pursuant to sections 733(f) and 777(i) of Republic of China (‘‘PRC’’) and the the Act. Decisions of the Forest Supervisor: Russian Federation (‘‘Russia’’) from Dated: July 13, 2004. Juneau Empire, published daily except August 5, 2004 until no later than Saturday and official holidays in September 24, 2004. This postponement James J. Jochum, Juneau, Alaska. is made pursuant to section 733(c)(1)(A) Assistant Secretary for Import Decisions of the Craig District Ranger, of the Tariff Act of 1930, as amended Administration. the Ketchikan/Misty District Ranger, (‘‘the Act’’). [FR Doc. 04–16613 Filed 7–20–04; 8:45 am] and the Thorne Bay District Ranger: EFFECTIVE DATE: July 21, 2004. BILLING CODE 3510–DS–S Ketchikan Daily News, published daily FOR FURTHER INFORMATION CONTACT: except Sundays and official holidays in Laurel LaCivita or Sebastian Wright, DEPARTMENT OF COMMERCE Ketchikan, Alaska. Import Administration, International Decisions of the Admiralty Island Trade Administration, U.S. Department National Oceanic and Atmospheric National Monument Ranger, the Juneau of Commerce, 14th Street and Administration Constitution Avenue, N.W., District Ranger, the Hoonah District [I.D. 071504E] Ranger, and the Yakutat District Ranger: Washington, DC 20230; telephone: (202) Juneau Empire, published daily except 482–4243 or (202) 482–5154, New England Fishery Management Saturday and official holidays in respectively. Council; Public Meetings Juneau, Alaska. Postponement of Preliminary AGENCY: National Marine Fisheries Decisions of the Petersburg District Determinations Service (NMFS), National Oceanic and Ranger: Petersburg Pilot, published On March 25, 2004, the Department Atmospheric Administration (NOAA), weekly in Petersburg, Alaska. published the initiation of the Commerce. Decisions of the Sitka District Ranger: antidumping duty investigations of ACTION: Notice of public meeting. Daily Sitka Sentinel, published daily imports of magnesium metal from the PRC and Russia. See Initiation of SUMMARY: The New England Fishery except Saturday, Sunday, and official Management Council (Council) is holidays in Sitka, Alaska. Antidumping Duty Investigations: Magnesium Metal from the People’s scheduling a public meeting of its Decisions of the Wrangell District Republic of China and the Russian Groundfish Oversight Committee in Ranger: Wrangell Sentinel, published Federation, 69 FR 15293 (March 25, August, 2004 to consider actions weekly in Wrangell, Alaska. 2004). The notice of initiation stated affecting New England fisheries in the Supplemental notices may be that we would make our preliminary exclusive economic zone (EEZ). published in any newspaper, but the determinations for these antidumping Recommendations from this group will timeframes for making comments or duty investigations no later than 140 be brought to the full Council for formal filing appeals will be calculated based days after the date of initiation. consideration and action, if appropriate. 1 upon the date that notices are published On June 28, 2004, the petitioners DATES: The meeting will be held on in the newspapers of record listed in made a timely request pursuant to 19 Monday, August 9, 2004, at 9:30 a.m. this notice. CFR §351.205(e) for a fifty–day ADDRESSES: The meeting will be held at postponement of the preliminary the Holiday Inn, 31 Hampshire Street, Dated: June 28, 2004. determinations, or until September 24, Mansfield, MA 02048; telephone: (508) Jacqueline Myers, 2004. The petitioners requested 339–2200. Acting Regional Forester. postponement of the preliminary Council address: New England [FR Doc. 04–16563 Filed 7–20–04; 8:45 am] determinations because they believe Fishery Management Council, 50 Water additional time is necessary to allow BILLING CODE 3410–11–M Street, Mill 2, Newburyport, MA 01950. them time to analyze and submit FOR FURTHER INFORMATION CONTACT: Paul comments to the Department regarding J. Howard, Executive Director, New England Fishery Management Council 1 The petitioners are US Magnesium Corporation (978) 465–0492. LLC, United Steelworkers of America, Local 8319, and Glass, Molders, Pottery, Plastics & Allied SUPPLEMENTARY INFORMATION: The Workers International, Local 374. Groundfish Committee will meet to

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develop the details of the management DEPARTMENT OF COMMERCE Administrator, NMFS, NE Regional measures that will be included in Office, 1 Blackburn Drive, Gloucester, Framework Adjustment 40B to the National Oceanic and Atmospheric MA 01930. Mark the outside of the Northeast Multispecies Fishery Administration envelope ‘‘Comments on Haddock/ Management Plan (FMP). Framework [I.D. 071504B] Pollock Jigging EFP Proposal.’’ 40B will include measures that provide Comments may also be sent via fax to additional fishing opportunities that Magnuson-Stevens Act Provisions; (978) 281–9135, or submitted via e-mail target healthy stocks and will address General Provisions for Domestic to the following address: several other issues identified since the Fisheries; Application for Exempted [email protected]. approval of Amendment 13. The Fishing Permits (EFPs) Copies of the Environmental specific measures that will be Assessment (EA) are available from the considered in this framework include: AGENCY: National Marine Fisheries NE Regional Office at the same address. revisions to the conservation tax for the Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: days-at-sea (DAS) leasing and transfer Atmospheric Administration (NOAA), Catherine Tadema-Wielandt at 978– programs, eliminating the tonnage Commerce. 281–9218 or catherine.tadema- upgrade restriction from the DAS ACTION: Notification of a proposal for [email protected]. transfer program, allocating a minimum EFPs to conduct experimental fishing; SUPPLEMENTARY INFORMATION: number of Category B (reserve) DAS to request for comments. vessels that did not receive any Category Background A or B DAS under Amendment 13, SUMMARY: NMFS announces that the Assistant Regional Administrator for Three year-round closed areas were creating a haddock Special Access established in 1994 under Amendment Program (SAP) north of Closed Area I, Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional 5 to the FMP to provide protection to developing a mechanism to provide a concentrations of regulated NE DAS credit for standing by entangled Administrator), has determined that an application for EFPs contains all of the multispecies, particularly Atlantic cod, whales, making a change to the season haddock, and yellowtail flounder. These for the Closed Area II Yellowtail required information and warrants further consideration. The Assistant closure areas, CA I, CA II, and the Flounder SAP, revising the allocation NLSCA, have proven to be effective in formula for the GB Cod Hook Sector, Regional Administrator is considering the impacts of the activities to be improving the stock status of several and creating a SAP to target haddock in species, including GB haddock. the Western Gulf of Maine Closed Area authorized under the EFPs with respect to the Northeast (NE) Multispecies In their EFP application, the using rod and reel. The Committee will applicants state that cod are less identify the specific details for the Fishery Management Plan (FMP). However, further review and available than haddock and pollock proposed measures, will group the during certain times and in certain measures into distinct alternatives, and consultation may be necessary before a final determination is made to issue portions of CA I and NLSCA, and will develop recommendations for the propose to support this observation with Total Allowable Catches of stocks of EFPs. Therefore, NMFS announces that the Assistant Regional Administrator scientific data, potentially enabling the concern that will be allocated to the GB haddock and pollock resources to be proposed and existing SAPs. The proposes to issue EFPs in response to an application submitted by the Cape Cod utilized without impacting the Committee may also provide additional management program that protects GB guidance to the Plan Development Team Commercial Hook Fisherman’s Association (CCCHFA), in collaboration cod. This proposal builds on an ongoing for the analysis of these measures. study that began on October 1, 2003, Although non-emergency issues not with Research, Environmental and and that proposes to continue through contained in this agenda may come Management Support (REMSA). These September 2004. Preliminary results before this group for discussion, those EFPs would allow up to seven vessels from this study demonstrate the issues may not be the subject of formal to fish for haddock and pollock using viability of utilizing hook-and-line gear action during this meeting. Action will jigged hand gear in two Northeast (NE) to reduce bycatch of cod in a portion of be restricted to those issues specifically multispecies year-round closed areas. GB CA I. The CCCHFA’s most recent listed in this notice and any issues Fishing would occur in Georges Bank study proposal differs in that it proposes arising after publication of this notice (GB) Closed Area I (CA I) during the to test jigged hook-and-line gear that require emergency action under months of July through December 2004, (handline, rod and reel, and jigging section 305(c) of the Magnuson-Stevens and January, February, May and June machines), as opposed to stationary Act, provided the public has been 2005 and in Nantucket Lightship Closed longlines, to target pollock in addition notified of the Council’s intent to take Area (NLSCA) during the months of to haddock, and to conduct the study in final action to address the emergency. November and December 2004, and May and June 2005. The purpose of this all of CA I and in NLSCA. Special Accommodations study is to test the viability of jigged Proposed EFP This meeting is physically accessible hand gear (handline, rod and reel, and The proposed study would occur to people with disabilities. Requests for jigging machines) to harvest haddock within CA I during the months of July sign language interpretation or other and pollock with minimal cod bycatch through December 2004, and January, auxiliary aids should be directed to Paul within spatial and temporal parameters February, May and June 2005 during J. Howard (see ADDRESSES) at least 5 determined by local historical which eight half-day trips would occur days prior to the meeting dates. knowledge. monthly, for a total of 80 half-day trips Dated: July 16, 2004. DATES: Comments on this action must be in this area. The proposed study would Alan D. Risenhoover, received at the appropriate address or occur within NLSCA during the months Acting Director, Office of Sustainable fax number (see ADDRESSES) on or before of November and December 2004, and Fisheries, National Marine Fisheries Service. August 5, 2004. May and June 2005 during which four [FR Doc. E4–1626 Filed 7–20–04; 8:45 am] ADDRESSES: Written comments should 1–day trips would occur monthly, for a BILLING CODE 3510–22–S be sent to Patricia A. Kurkul, Regional total of 16 1–day trips in this area. In

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total, 96 trips would occur under this NMFS is particularly interested in 927–5850, or refer to the Bureau of EFP. receiving comments about granting the Customs and Border Protection website Participating vessels would be applicant access to the portion of CA I at http://www.cbp.gov. For information required to use A days-at-sea (DAS) and located within the U.S./Canada on embargoes and quota re-openings, would be prohibited from fishing in Management Area due to the hard TACs refer to the Office of Textiles and areas outside of CA I or NLSCA during established by Amendment 13 to the Apparel website at http:// an experimental fishing trip. Therefore, FMP for GB cod, haddock and otexa.ita.doc.gov. granting these EFPs should not result in yellowtail flounder. SUPPLEMENTARY INFORMATION: an increase in fishing mortality over Regulations under the Magnuson- what was analyzed for Amendment 13 Stevens Fishery Conservation and Authority: Section 204 of the Agricultural to the FMP. This study would follow Management Act require publication of Act of 1956, as amended (7 U.S.C. 1854); normal jig fishing practices. A total this notification to provide interested Executive Order 11651 of March 3, 1972, as amended. allowable catch (TAC) of 10.0 mt for GB parties the opportunity to comment on cod would be established for the applications for proposed EFPs. The current limits for certain categories are being adjusted, variously experimental fishery. If the GB cod TAC Authority: 16 U.S.C. 1801 et seq. is reached, the experimental fishery for swing, carryover, and the recrediting Dated: July 15, 2004. of unused 2003 carryforward. would be terminated. All fish landed Alan D. Risenhoover, would be subject to trip limits and A description of the textile and Acting Director, Office of Sustainable apparel categories in terms of HTS minimum size restrictions. Fisheries, National Marine Fisheries Service. REMSA scientists would collect numbers is available in the [FR Doc. E4–1610 Filed 7–20–04; 8:45 am] biological and environmental data CORRELATION: Textile and Apparel during each trip conducted under this BILLING CODE 3510–22–S Categories with the Harmonized Tariff experimental fishery. The EFPs would Schedule of the United States (see contain a provision that the Federal Register notice 69 FR 4926, Administrator, Northeast Region, NMFS COMMITTEE FOR THE published on February 2, 2004). Also (Regional Administrator) has the IMPLEMENTATION OF TEXTILE see 68 FR 65445 published on authority to discontinue the proposed AGREEMENTS November 20, 2003. experimental fishery at any time, e.g., Adjustment of Import Limits for Certain James C. Leonard III, the Regional Administrator would Cotton, Wool, Man-Made Fiber, Silk Chairman, Committee for the Implementation terminate the EFP when the 10.0 mt Blend and Other Vegetable Fiber of Textile Agreements. TAC for GB cod is projected to be Textiles and Textile Products reached. Committee for the Implementation of Textile Produced or Manufactured in the Agreements A draft EA has been prepared that People’s Republic of China analyzes the impacts of the proposed July 16, 2004. experimental fishery on the human July 16, 2004. Commissioner, environment. This draft EA concludes AGENCY: Committee for the Bureau of Customs and Border Protection, that the activities proposed to be Implementation of Textile Agreements Washington, DC 20229. conducted under the requested EFPs are (CITA). Dear Commissioner: This directive amends, but does not cancel, the directive consistent with the goals and objectives ACTION: Issuing a directive to the issued to you on November 14, 2003, by the of the FMP, would not be detrimental to Commissioner, Bureau of Customs and Chairman, Committee for the Implementation the well-being of any stocks of fish Border Protection adjusting limits. of Textile Agreements. That directive harvested, and would have no concerns imports of certain cotton, wool, significant environmental impacts. The EFFECTIVE DATE: July 21, 2004. man-made fiber, silk blend and other draft EA also concludes that the FOR FURTHER INFORMATION CONTACT: Ross vegetable fiber textiles and textile products, proposed experimental fishery would Arnold, International Trade Specialist, produced or manufactured in China and not be detrimental to Essential Fish Office of Textiles and Apparel, U.S. exported during the twelve-month period Habitat, marine mammals, or protected which began on January 1, 2004 and extends Department of Commerce, (202) 482– through December 31, 2004. species. 4212. For information on the quota Effective on July 21, 2004, you are directed EFPs would be issued to up to seven status of these limits, refer to the Quota to adjust the limits for the following vessels exempting them from the CA I Status Reports posted on the bulletin categories, as provided for under the Uruguay and NLSCA restrictions of the FMP. boards of each Customs port, call (202) Round Agreement on Textiles and Clothing:

Category Adjusted twelve-month limit 1

Group I 200, 218, 219, 226, 237, 239pt. 2, 300/301, 313–315, 317/326, 331pt. 3, 1,218,222,098 square meters equivalent. 333–336, 338/339, 340–342, 345, 347/348, 351, 352, 359–C 4, 359– V 5, 360–363, 410, 433–436, 438, 440, 442–444, 445/446, 447, 448, 611, 613–615, 617, 631pt. 6, 633–636, 638/639, 640–643, 644, 645/ 646, 647, 648, 651, 652, 659–C 7, 659–H 8, 659–S 9, 666pt. 10, 845 and 846, as a group. Sublevels in Group I 200 ...... 939,116 kilograms. 218 ...... 13,035,009 square meters. 219 ...... 3,003,569 square meters. 226 ...... 13,638,390 square meters. 237 ...... 2,571,765 dozen. 300/301 ...... 2,671,428 kilograms. 313 ...... 50,112,726 square meters. 314 ...... 60,274,062 square meters.

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Category Adjusted twelve-month limit 1

315 ...... 148,896,877 square meters. 317/326 ...... 27,452,308 square meters of which not more than 5,012,216 square meters shall be in Category 326. 331pt...... 2,423,333 dozen pairs. 333 ...... 126,140 dozen. 334 ...... 373,338 dozen. 335 ...... 418,241 dozen. 336 ...... 211,076 dozen. 338/339 ...... 2,523,532 dozen of which not more than 1,915,636 dozen shall be in Categories 338–S/339–S 11. 340 ...... 870,371 dozen of which not more than 435,186 dozen shall be in Cat- egory 340–Z 12. 341 ...... 768,099 dozen of which not more than 461,122 dozen shall be in Cat- egory 341–Y 13. 342 ...... 299,746 dozen. 345 ...... 137,085 dozen. 347/348 ...... 2,421,922 dozen. 351 ...... 704,081 dozen. 352 ...... 1,779,147 dozen. 359–C ...... 778,198 kilograms. 359–V ...... 1,070,846 kilograms. 360 ...... 9,978,257 numbers of which not more than 6,806,137 numbers shall be in Category 360–P 14. 361 ...... 5,213,065 numbers. 362 ...... 8,711,256 numbers. 363 ...... 24,773,109 numbers. 410 ...... 1,133,318 square meters of which not more than 908,477 square me- ters shall be in Category 410–A 15 and not more than 908,477 square meters shall be in Category 410–B 16. 433 ...... 21,905 dozen. 434 ...... 14,690 dozen. 435 ...... 26,979 dozen. 436 ...... 16,622 dozen. 438 ...... 29,088 dozen. 440 ...... 41,556 dozen of which not more than 23,746 dozen shall be in Cat- egory 440–M 17. 442 ...... 43,693 dozen. 443 ...... 140,015 numbers. 444 ...... 234,726 numbers. 445/446 ...... 301,999 dozen. 447 ...... 76,352 dozen. 448 ...... 24,402 dozen. 611 ...... 6,709,709 square meters. 613 ...... 9,316,769 square meters. 614 ...... 14,640,635 square meters. 615 ...... 31,059,697 square meters. 617 ...... 21,295,470 square meters. 631pt...... 363,921 dozen pairs. 633 ...... 68,294 dozen. 634 ...... 742,984 dozen. 635 ...... 783,720 dozen. 636 ...... 599,272 dozen. 638/639 ...... 2,712,680 dozen. 640 ...... 1,475,575 dozen. 641 ...... 1,379,864 dozen. 642 ...... 412,004 dozen. 643 ...... 576,377 numbers. 644 ...... 3,860,023 numbers. 645/646 ...... 893,263 dozen. 647 ...... 1,727,190 dozen. 648 ...... 1,247,048 dozen. 651 ...... 921,695 dozen of which not more than 162,270 dozen shall be in Cat- egory 651–B 18. 652 ...... 3,497,598 dozen. 659–C ...... 497,249 kilograms. 659–H ...... 3,432,147 kilograms. 659–S ...... 750,959 kilograms. 666pt...... 573,372 kilograms. 845 ...... 2,538,315 dozen. 846 ...... 203,178 dozen. Group II 332, 359–O 19, 459pt. 20 and 659–O 21, as a group ...... 44,114,716 square meters equivalent.

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Category Adjusted twelve-month limit 1

Group III 201, 220, 224–V 22, 224–O 23, 225, 227, 369–O 24, 400, 414, 469pt. 25, 51,107,974 square meters equivalent. 603, 604–O 26, 618–620 and 624–629, as a group. Sublevels in Group III 224–V ...... 4,434,567 square meters. 225 ...... 7,650,474 square meters. Group IV 852 ...... 432,102 square meters equivalent. Levels not in a Group 369–S 27 ...... 633,499 kilograms. 863–S 28 ...... 9,097,625 numbers.

1 The limits have not been adjusted to account for any imports exported after December 31, 2003. 2 Category 239pt.: only HTS number 6209.20.5040 (diapers). 3 Category 331pt.: all HTS numbers except 6116.10.1720, 6116.10.4810, 6116.10.5510, 6116.10.7510, 6116.92.6410, 6116.92.6420, 6116.92.6430, 6116.92.6440, 6116.92.7450, 6116.92.7460, 6116.92.7470, 6116.92.8800, 6116.92.9400 and 6116.99.9510. 4 Category 359–C: only HTS numbers 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010. 5 Category 359–V: only HTS numbers 6103.19.2030, 6103.19.9030, 6104.12.0040, 6104.19.8040, 6110.20.1022, 6110.20.1024, 6110.20.2030, 6110.20.2035, 6110.90.9044, 6110.90.9046, 6201.92.2010, 6202.92.2020, 6203.19.1030, 6203.19.9030, 6204.12.0040, 6204.19.8040, 6211.32.0070 and 6211.42.0070. 6 Category 631pt.: all HTS numbers except 6116.10.1730, 6116.10.4820, 6116.10.5520, 6116.10.7520, 6116.93.8800, 6116.93.9400, 6116.99.4800, 6116.99.5400 and 6116.99.9530. 7 Category 659–C: only HTS numbers 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017 and 6211.43.0010. 8 Category 659–H: only HTS numbers 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090 and 6505.90.8090. 9 Category 659–S: only HTS numbers 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010 and 6211.12.1020. 10 Category 666pt.: all HTS numbers except 5805.00.4010, 6301.10.0000, 6301.40.0010, 6301.40.0020, 6301.90.0010, 6302.53.0010, 6302.53.0020, 6302.53.0030, 6302.93.1000, 6302.93.2000, 6303.12.0000, 6303.19.0010, 6303.92.1000, 6303.92.2010, 6303.92.2020, 6303.99.0010, 6304.11.2000, 6304.19.1500, 6304.19.2000, 6304.91.0040, 6304.93.0000, 6304.99.6020, 6307.90.9884, 9404.90.8522 and 9404.90.9522. 11 Category 338–S: all HTS numbers except 6109.10.0012, 6109.10.0014, 6109.10.0018 and 6109.10.0023; Category 339–S: all HTS numbers except 6109.10.0040, 6109.10.0045, 6109.10.0060 and 6109.10.0065. 12 Category 340–Z: only HTS numbers 6205.20.2015, 6205.20.2020, 6205.20.2050 and 6205.20.2060. 13 Category 341–Y: only HTS numbers 6204.22.3060, 6206.30.3010, 6206.30.3030 and 6211.42.0054. 14 Category 360–P: only HTS numbers 6302.21.3010, 6302.21.5010, 6302.21.7010, 6302.21.9010, 6302.31.3010, 6302.31.5010, 6302.31.7010 and 6302.31.9010. 15 Category 410–A: only HTS numbers 5111.11.3000, 5111.11.7030, 5111.11.7060, 5111.19.2000, 5111.19.6020, 5111.19.6040, 5111.19.6060, 5111.19.6080, 5111.20.9000, 5111.30.9000, 5111.90.3000, 5111.90.9000, 5212.11.1010, 5212.12.1010, 5212.13.1010, 5212.14.1010, 5212.15.1010, 5212.21.1010, 5212.22.1010, 5212.23.1010, 5212.24.1010, 5212.25.1010, 5311.00.2000, 5407.91.0510, 5407.92.0510, 5407.93.0510, 5407.94.0510, 5408.31.0510, 5408.32.0510, 5408.33.0510, 5408.34.0510, 5515.13.0510, 5515.22.0510, 5515.92.0510, 5516.31.0510, 5516.32.0510, 5516.33.0510, 5516.34.0510 and 6301.20.0020. 16 Category 410–B: only HTS numbers 5007.10.6030, 5007.90.6030, 5112.11.3030, 5112.11.3060, 5112.11.6030, 5112.11.6060, 5112.19.6010, 5112.19.6020, 5112.19.6030, 5112.19.6040, 5112.19.6050, 5112.19.6060, 5112.19.9510, 5112.19.9520, 5112.19.9530, 5112.19.9540, 5112.19.9550, 5112.19.9560, 5112.20.3000, 5112.30.3000, 5112.90.3000, 5112.90.9010, 5112.90.9090, 5212.11.1020, 5212.12.1020, 5212.13.1020, 5212.14.1020, 5212.15.1020, 5212.21.1020, 5212.22.1020, 5212.23.1020, 5212.24.1020, 5212.25.1020, 5309.21.2000, 5309.29.2000, 5407.91.0520, 5407.92.0520, 5407.93.0520, 5407.94.0520, 5408.31.0520, 5408.32.0520, 5408.33.0520, 5408.34.0520, 5515.13.0520, 5515.22.0520, 5515.92.0520, 5516.31.0520, 5516.32.0520, 5516.33.0520 and 5516.34.0520. 17 Category 440–M: only HTS numbers 6203.21.9030, 6203.23.0030, 6205.10.1000, 6205.10.2010, 6205.10.2020, 6205.30.1510, 6205.30.1520, 6205.90.3020, 6205.90.4020 and 6211.31.0030. 18 Category 651–B: only HTS numbers 6107.22.0015 and 6108.32.0015. 19 Category 359–O: all HTS numbers except 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025, 6211.42.0010 (Category 359–C); 6103.19.2030, 6103.19.9030, 6104.12.0040, 6104.19.8040, 6110.20.1022, 6110.20.1024, 6110.20.2030, 6110.20.2035, 6110.90.9044, 6110.90.9046, 6201.92.2010, 6202.92.2020, 6203.19.1030, 6203.19.9030, 6204.12.0040, 6204.19.8040, 6211.32.0070 and 6211.42.0070 (Category 359–V); 6115.19.8010, 6117.10.6010, 6117.20.9010, 6203.22.1000, 6204.22.1000, 6212.90.0010, 6214.90.0010, 6406.99.1550, 6505.90.1525, 6505.90.1540, 6505.90.2060 and 6505.90.2545 (Category 359pt.). 20 Category 459pt.: all HTS numbers except 6115.19.8020, 6117.10.1000, 6117.10.2010, 6117.20.9020, 6212.90.0020, 6214.20.0000, 6405.20.6030, 6405.20.6060, 6405.20.6090, 6406.99.1505 and 6406.99.1560.

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21 Category 659–O: all HTS numbers except 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017, 6211.43.0010 (Cat- egory 659–C); 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090, 6505.90.8090 (Cat- egory 659–H); 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010, 6211.12.1020 (Category 659–S); 6115.11.0010, 6115.12.2000, 6117.10.2030, 6117.20.9030, 6212.90.0030, 6214.30.0000, 6214.40.0000, 6406.99.1510 and 6406.99.1540. 22 Category 224–V: only HTS numbers 5801.21.0000, 5801.23.0000, 5801.24.0000, 5801.25.0010, 5801.25.0020, 5801.26.0010, 5801.26.0020, 5801.31.0000, 5801.33.0000, 5801.34.0000, 5801.35.0010, 5801.35.0020, 5801.36.0010 and 5801.36.0020. 23 Category 224–O: all HTS numbers except 5801.21.0000, 5801.23.0000, 5801.24.0000, 5801.25.0010, 5801.25.0020, 5801.26.0010, 5801.26.0020, 5801.31.0000, 5801.33.0000, 5801.34.0000, 5801.35.0010, 5801.35.0020, 5801.36.0010 and 5801.36.0020 (Category 224–V). 24 Category 369–O: all HTS numbers except 6307.10.2005 (Category 369–S); 4202.12.4000, 4202.12.8020, 4202.12.8060, 4202.22.4020, 4202.22.4500, 4202.22.8030, 4202.32.4000, 4202.32.9530, 4202.92.0805, 4202.92.1500, 4202.92.3016, 4202.92.6091, 5601.10.1000, 5601.21.0090, 5701.90.1020, 5701.90.2020, 5702.10.9020, 5702.39.2010, 5702.49.1020, 5702.49.1080, 5702.59.1000, 5702.99.1010, 5702.99.1090, 5705.00.2020, 5805.00.3000, 5807.10.0510, 5807.90.0510, 6301.30.0010, 6301.30.0020, 6302.51.1000, 6302.51.2000, 6302.51.3000, 6302.51.4000, 6302.60.0010, 6302.60.0030, 6302.91.0005, 6302.91.0025, 6302.91.0045, 6302.91.0050, 6302.91.0060, 6303.11.0000, 6303.91.0010, 6303.91.0020, 6304.91.0020, 6304.92.0000, 6305.20.0000, 6306.11.0000, 6307.10.0020, 6307.10.1090, 6307.90.3010, 6307.90.4010, 6307.90.5010, 6307.90.8910, 6307.90.8945, 6307.90.9882, 6406.10.7700, 9404.90.1000, 9404.90.8040 and 9404.90.9505 (Category 369pt.). 25 Category 469pt.: all HTS numbers except 5601.29.0020, 5603.94.1010, 6304.19.3040, 6304.91.0050, 6304.99.1500, 6304.99.6010, 6308.00.0010 and 6406.10.9020. 26 Category 604–O: all HTS numbers except 5509.32.0000 (Category 604–A). 27 Category 369–S: only HTS number 6307.10.2005. 28 Category 863–S: only HTS number 6307.10.2015.

The Committee for the Implementation of at http://www.cbp.gov. For information vegetable fiber textiles and textile products, Textile Agreements has determined that on embargoes and quota re-openings, produced or manufactured in Indonesia and these actions fall within the foreign affairs refer to the Office of Textiles and exported during the twelve-month period exception to the rulemaking provisions of 5 Apparel website at http:// which began on January 1, 2004 and extends U.S.C. 553(a)(1). through December 31, 2004. Sincerely, otexa.ita.doc.gov. Effective on July 21, 2004, you are directed James C. Leonard III, SUPPLEMENTARY INFORMATION: Chairman, Committee for the Implementation to adjust the limits for the categories listed of Textile Agreements. Authority: Section 204 of the Agricultural below, as provided for under the Uruguay Act of 1956, as amended (7 U.S.C. 1854); Round Agreement on Textiles and Clothing: [FR Doc.04–16616 Filed 7–20–04; 8:45 am] Executive Order 11651 of March 3, 1972, as BILLING CODE 3510–DR–S amended. Category Twelve-month restraint The current limits for certain limit 1 categories are being adjusted for swing COMMITTEE FOR THE and carryover. Levels in Group I IMPLEMENTATION OF TEXTILE A description of the textile and 300/301 ...... 7,823,696 kilograms. AGREEMENTS apparel categories in terms of HTS 618–O 2 ...... 2,161,579 square me- numbers is available in the ters. Adjustment of Import Limits for Certain CORRELATION: Textile and Apparel 634/635 ...... 628,353 dozen. Cotton and Man-Made Fiber Textiles Categories with the Harmonized Tariff 1 The limits have not been adjusted to ac- and Textile Products Produced or Schedule of the United States (see Manufactured in Indonesia count for any imports exported after December Federal Register notice 69 FR 4926, 31, 2003. July 16, 2004. published on February 2, 2004). Also 2 Category 618–O: all HTS numbers except 5408.24.9010 and 5408.24.9040. AGENCY: Committee for the see 68 FR 65254, published on Implementation of Textile Agreements November 19, 2003. The Committee for the Implementation of (CITA). James C. Leonard III, Textile Agreements has determined that these actions fall within the foreign affairs ACTION: Issuing a directive to the Chairman, Committee for the Implementation Commissioner, Bureau of Customs and of Textile Agreements. exception to the rulemaking provisions of 5 Border Protection adjusting limits. U.S.C. 553(a)(1). Committee for the Implementation of Textile Sincerely, EFFECTIVE DATE: July 21, 2004. Agreements James C. Leonard III, FOR FURTHER INFORMATION CONTACT: Ross July 16, 2004. Chairman, Committee for the Arnold, International Trade Specialist, Commissioner, Implementation of Textile Agreements. Office of Textiles and Apparel, U.S. Bureau of Customs and Border Protection, [FR Doc.04–16617 Filed 7–20–04; 8:45 am] Department of Commerce, (202) 482– Washington, DC 20229. BILLING CODE 3510–DR–S 4212. For information on the quota Dear Commissioner: This directive amends, but does not cancel, the directive status of these limits, refer to the Quota issued to you on November 13, 2003, by the Status Reports posted on the bulletin Chairman, Committee for the Implementation boards of each Customs port, call (202) of Textile Agreements. That directive 927–5850, or refer to the Bureau of concerns imports of certain cotton, wool, Customs and Border Protection website man-made fiber, silk blend and other

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COMMITTEE FOR THE exported during the twelve-month period Street, NW., Washington, DC 20314– IMPLEMENTATION OF TEXTILE beginning on January 1, 2004 and extending 1000, ATTN: CECW–CO or by e-mail to AGREEMENTS through December 31, 2004. Margaret.E.Gaffney- Effective on July 21, 2004, you are directed [email protected]. Consideration to adjust the current limits for the following Adjustment of Import Limits for Certain will be given to all comments received Wool Textile Products Produced or categories, as provided for under the Uruguay Round Agreement on Textiles and Clothing: within 60 days of the date of publication Manufactured in the Former Yugoslav of this notice. Republic of Macedonia Category adjusted twelve-month FOR FURTHER INFORMATION CONTACT: To limit 1 July 16, 2004. request more information on this proposed information collection or to AGENCY: Committee for the 433 ...... 26,575 dozen. Implementation of Textile Agreements 434 ...... 12,669 dozen. obtain a copy of the proposal and (CITA). 435 ...... 30,315 dozen. associated collection instruments, please write to the above address, or call ACTION: 443 ...... 182,857 numbers. Issuing a directive to the Department of the Army Reports Commissioner, Bureau of Customs and 1 The limits have not been adjusted to ac- clearance officer at (703) 325–8433. Border Protection adjusting limits. count for any imports exported after December 31, 2003. Title, Associated Form, and OMB Number: Application for a Department EFFECTIVE DATE: July 21, 2004. The Committee for the Implementation of of the Army Permit; ENG Form 4345, Textile Agreements has determined that FOR FURTHER INFORMATION CONTACT: OMB Control Number 0710–0003. Naomi Freeman, International Trade these actions fall within the foreign affairs exception to the rulemaking provisions of 5 Needs and Uses: Information Specialist, Office of Textiles and collected is used to evaluate, as required Apparel, U.S. Department of Commerce, U.S.C. 553(a)(1). Sincerely, by law, proposed construction or filing (202) 482–4212. For information on the James C. Leonard III, in waters of the United States that quota status of these limits, refer to the Chairman, Committee for the results in impacts to the aquatic Quota Status Reports posted on the Implementation of Textile Agreements. environment and nearby properties, and bulletin boards of each Customs port, [FR Doc. 04–16618 Filed 7–20–04; 8:45 am] to determine if issuance of a permit is call (202) 927–5850, or refer to the BILLING CODE 3510–DR–S in the public interest. Respondents are Bureau of Customs and Border private landowners, businesses, non- Protection website at http:// profit organizations, and government www.cbp.gov. For information on DEPARTMENT OF DEFENSE agencies. embargoes and quota re-openings, refer Affected Public: Individuals or to the Office of Textiles and Apparel Department of the Army households; business or other for-profit; website at http://otexa.ita.doc.gov. not-for-profit institutions; farms; Federal SUPPLEMENTARY INFORMATION: Proposed Collection; Comment government; State; local or tribal Authority: Section 204 of the Agricultural Request government. Act of 1956, as amended (7 U.S.C. 1854); Annual Burden Hours: 155,000. AGENCY: Department of the Army, DoD. Executive Order 11651 of March 3, 1972, as Number of Respondents: 15,500. amended. ACTION: Notice. Responses Per Respondent: 1. The current limits for certain SUMMARY: In compliance with section Average Burden Per Response: 10 categories are being adjusted for swing, hours. special shift, and carryover. 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department Frequency: On occasion. A description of the textile and SUPPLEMENTARY INFORMATION: The Corps apparel categories in terms of HTS of the Army announces a proposed public information collection and seeks of Engineers is required by three federal numbers is available in the laws, passed by Congress, to regulate CORRELATION: Textile and Apparel public comment on the provisions thereof. Comments are invited on: (a) construction-related activities in waters Categories with the Harmonized Tariff of the United States. This is Schedule of the United States (see Whether the proposed collection of information is necessary for the proper accomplished through the review of Federal Register notice 69 FR 4926, applications for permits to do this work. published on February 2, 2004). Also performance of the functions of the see 68 FR 68597, published on agency, including whether the Brenda S. Bowen, information shall have practical utility; December 9, 2003. Alternate Army Federal Register Liaison (b) the accuracy of the agency’s estimate Officer. James C. Leonard III, of the burden of the proposed [FR Doc. 04–16552 Filed 7–20–04; 8:45 am] Chairman, Committee for the Implementation information collection; (c) ways to of Textile Agreements. enhance the quality, utility, and clarity BILLING CODE 3710–08–M Committee for the Implementation of Textile of the information to be collected; and Agreements (d) ways to minimize the burden of the information collection on respondents, July 16, 2004. DEPARTMENT OF EDUCATION including through the use of automated Commissioner, collection techniques or other forms of Notice of Proposed Information Bureau of Customs and Border Protection, information technology. Collection Requests Washington, DC 20229. DATES: Consideration will be given to all Dear Commissioner: This directive AGENCY: Department of Education. amends, but does not cancel, the directive comments received by September 20, SUMMARY: The Leader, Regulatory issued to you on December 3, 2003 by the 2004. Chairman, Committee for the Implementation Information Management Group, Office of Textile Agreements. This directive ADDRESSES: Written comments and of the Chief Information Officer, invites concerns imports of certain wool textile recommendations on the proposed comments on the proposed information products, produced or manufactured in the information collection should be sent to, collection requests as required by the Former Yugoslav Republic of Macedonia and U.S. Army Corps of Engineers, 441 G Paperwork Reduction Act of 1995.

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DATES: Interested persons are invited to Reporting and Recordkeeping Hour What Is the Role of the Regional submit comments on or before Burden: Advisory Committees? September 20, 2004. Responses: 8,700. Section 206 of the Educational SUPPLEMENTARY INFORMATION: Section Burden Hours: 2,780. 3506 of the Paperwork Reduction Act of Technical Assistance Act of 2002 (‘‘the 1995 (44 U.S.C. Chapter 35) requires Abstract: Borrowers who received Act’’) requires the establishment of the that the Office of Management and loans from the William D. Ford Federal committees to advise the Secretary on Budget (OMB) provide interested Direct Loan Program and/or the Federal the educational needs of each of 10 Federal agencies and the public an early Family Education Loan Program and geographic regions. The committees will opportunity to comment on information who teach in low-income areas for five conduct educational needs assessments collection requests. OMB may amend or complete consecutive years, and who in their respective regions, and will waive the requirement for public meet other requirements will use this submit reports on the assessment results consultation to the extent that public application to receive up to $5,000 of to the Secretary. The educational needs participation in the approval process their subsidized Federal Stafford Loans, identified by the committees will be would defeat the purpose of the unsubsidized Federal Stafford Loans, considered by the Secretary in information collection, violate State or Direct Subsidize Loans, and/or Direct establishing priorities for a new program Federal law, or substantially interfere Unsubsidized loans forgiven. The of comprehensive centers described in with any agency’s ability to perform its information on the forbearance form section 203 of the Act and for regional statutory obligations. The Leader, will be used to determine whether educational laboratories authorized in Regulatory Information Management borrowers with low balances are eligible section 174 of the Education Sciences Group, Office of the Chief Information for forbearance while they are Reform Act of 2002. The comprehensive Officer, publishes that notice containing performing qualifying teaching service. centers and regional educational proposed information collection Requests for copies of the proposed laboratories will provide technical requests prior to submission of these information collection request may be assistance to State educational agencies, requests to OMB. Each proposed accessed from http://edicsweb.ed.gov, school districts and schools to help information collection, grouped by by selecting the ‘‘Browse Pending them implement the goals and programs office, contains the following: (1) Type Collections’’ link and by clicking on of the Elementary and Secondary of review requested, e.g. new, revision, link number 2589. When you access the Education Act of 1965, as reauthorized extension, existing or reinstatement; (2) information collection, click on by the No Child Left Behind Act of Title; (3) Summary of the collection; (4) ‘‘Download Attachments’’ to view. 2002, and use the best research and Description of the need for, and Written requests for information should proven practices in their school proposed use of, the information; (5) be addressed to U.S. Department of improvement efforts. Respondents and frequency of Education, 400 Maryland Avenue, SW, How Will the Regional Advisory collection; and (6) Reporting and/or Potomac Center, 9th Floor, Washington, Committees Assess Educational Needs? Recordkeeping burden. OMB invites DC 20202–4700. Requests may also be public comment. The Department of electronically mailed to the Internet Each regional advisory committee will Education is especially interested in address [email protected] or faxed to conduct a variety of activities, including public comment addressing the 202–245–6621. Please specify the virtual meetings, to obtain information following issues: (1) Is this collection complete title of the information from individuals, agencies and necessary to the proper functions of the collection when making your request. organizations in the region regarding the Department; (2) will this information be Comments regarding burden and/or region’s educational needs and how processed and used in a timely manner; the collection activity requirements those needs would be most effectively (3) is the estimate of burden accurate; should be directed to Joseph Schubart at addressed. Governors, chief State school (4) how might the Department enhance his e-mail address [email protected]. officers and State staff, school district the quality, utility, and clarity of the Individuals who use a educators, public and charter school information to be collected; and (5) how telecommunications device for the deaf administrators, teachers and parents, might the Department minimize the (TDD) may call the Federal Information regional education service providers, burden of this collection on the Relay Service (FIRS) at 1–800–877– researchers, and business respondents, including through the use 8339. representatives would be among those asked to participate in the assessment. of information technology. [FR Doc. 04–16525 Filed 7–20–04; 8:45 am] Dated: July 15, 2004. BILLING CODE 4000–01–P What Is the Composition of Each Angela C. Arrington, Regional Advisory Committee? Leader, Regulatory Information Management Group, Office of the Chief Information Officer. DEPARTMENT OF EDUCATION Each committee will reflect a balanced representation of the States in Federal Student Aid Regional Advisory Committees; the region and will not have more than Type of Review: Extension. Request for Nomination of Members one representative from each State Title: Federal Direct Loan Program educational agency in the region. In and Federal Family Education Loan AGENCY: Office of Elementary and addition, the total number of local Program Teacher Loan Forgiveness Secondary Education, U.S. Department educational agency representatives, Forms. of Education. parents, and practicing educators will Frequency: Forbearance annually; What Is the Purpose of This Notice? be greater than the total number of State application one time. educational agency representatives, Affected Public: Businesses or other The purpose of this notice is to give higher education representatives, for-profit; Individuals or household; the public the opportunity to nominate business representatives and researchers not-for-profit institutions; Federal candidates for positions on 10 regional on the committee. The committees will Government; State, Local, or Tribal advisory committees that will be vary in size but, on average, may have Gov’t, SEAs or LEAs. chartered by the Secretary. about 12 members.

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What States Are Included in Each How Can I Nominate Someone? of San Diego, CA, an exclusive license Region? The nominator must submit for each to practice the invention described in The 10 regions are the same nominee the following information to U.S. Patent No. 6,379,841, entitled geographic regions served by the the U.S. Department of Education: ‘‘Solid State Electrochemical Current regional educational laboratories and 1. A resume of 5 pages or less that Source’’. The invention is owned by the include the following States and highlights relevant educational and United States of America, as represented entities: professional experiences; and by the U.S. Department of Energy (DOE). Region 1: Alabama, Florida, Georgia, 2. A cover page that lists (a) the DATES: Written comments or Mississippi, North Carolina, and South nominee’s name, position, organization nonexclusive license applications are to Carolina or group affiliation, mailing address, be received at the address listed below Region 2: Arkansas, Louisiana, New phone number(s), fax number, e-mail no later than August 20, 2004. Mexico, Oklahoma, and Texas address and the State represented, and ADDRESSES: Office of the Assistant Region 3: Arizona, California, Nevada, (b) the name, position, organization or General Counsel for Technology and Utah group affiliation, mailing address, Transfer and Intellectual Property, U.S. Region 4: Kentucky, Tennessee, phone number(s) fax number and e-mail Department of Energy, 1000 Virginia, and West Virginia address of the person making the Independence Ave., SW., Washington, Region 5: Connecticut, Maine, nomination. DC 20585. Massachusetts, New Hampshire, New Send the nomination materials FOR FURTHER INFORMATION CONTACT: John York, Rhode Island, Vermont, Puerto electronically to T. Lucas, Office of the Assistant General Rico, and Virgin Islands [email protected] or by mail to Counsel for Technology Transfer and Region 6: Delaware, Maryland, New Enid Simmons, US Department of Intellectual Property, U.S. Department Jersey, Pennsylvania, and Washington, Education, School Support and of Energy, Forrestal Building, Room 6F– DC Technology Programs, 400 Maryland 067, 1000 Independence Ave., SW., Region 7: Colorado, Kansas, Missouri, Avenue, SW., Room 3E303, Washington, Washington, DC 20585; telephone (202) Nebraska, North Dakota, South Dakota, DC 20202–6400. Telephone: 202–708– 586–2939. 9499. and Wyoming SUPPLEMENTARY INFORMATION: 35 U.S.C. Region 8: Illinois, Indiana, Iowa, When Must Nominations Be Received? 209 provides federal agencies with Michigan, Minnesota, Ohio, and All nominations must be received no authority to grant exclusive licenses in Wisconsin later than 30 days from the date of the federally-owned inventions, if, among Region 9: Alaska, Idaho, Montana, publication of this Notice, midnight other things, the agency finds that the Oregon, and Washington Eastern Standard Time. If the 30th day public will be served by the granting of Region 10: Hawaii, American Samoa, falls on a weekend or a Federal holiday, the license. The statute requires that no the Commonwealth of the Northern the deadline will be the next working exclusive license may be granted unless Mariana Islands, the Federated States of day. public notice of the intent to grant the Micronesia (Chuuk, Kosrae, Pohnpei, license has been provided, and the and Yap), Guam, the Republic of the How Can I Get Additional Information? agency has considered all comments Marshall Islands, and the Republic of If you have questions about the received in response to that public Palau nomination process or about the notice, before the end of the comment period. Who Is Eligible To Be Nominated? regional advisory committees, please send them electronically to General Atomics, Inc. of San Diego, You may nominate: [email protected] or by mail to Enid CA has applied for an exclusive license 1. State educational agency Simmons, U.S. Department of to practice the invention embodied in representatives Education, School Support and U.S. Patent No. 6,379,841, and has plans 2. Local educational agency (both Technology Programs, 400 Maryland for commercialization of the invention. rural and urban) representatives Avenue, SW., Room 3E303, Washington, The exclusive license will be subject 3. Representatives of institutions of DC 20202–6400. Telephone: 202–708– to a license and other rights retained by higher education, including individuals 9499. the U.S. Government, and other terms representing university-based education Dated: July 15, 2004. and conditions to be negotiated. DOE research and university-based research intends to negotiate to grant the license, Raymond Simon, in subjects other than education. unless, within 30 days of this notice, the 4. Parents. Assistant Secretary for Elementary and Assistant General Counsel for Secondary Education. 5. Practicing educators, including Technology Transfer and Intellectual classroom teachers, principals, [FR Doc. 04–16591 Filed 7–20–04; 8:45 am] Property, Department of Energy, administrators, school board members, BILLING CODE 4000–01–P Washington, DC 20585, receives in and other local school officials. writing any of the following, together 6. Business representatives. with supporting documents: 7. Researchers. DEPARTMENT OF ENERGY (i) A statement from any person setting forth reasons why it would not General Atomics, Inc.; Notice of Intent How Long Will Members of the be in the best interests of the United to Grant Exclusive Patent License Regional Advisory Committees Serve? States to grant the proposed license; or Members will serve for up to six AGENCY: Office of the General Counsel, (ii) An application for a nonexclusive months. The Secretary will dissolve Department of Energy. license to the invention in which each committee after the committee ACTION: Notice of intent to grant applicant states that it already has submits its needs assessment report. exclusive patent license. brought the invention to practical The report is due to the Secretary not application or is likely to bring the later than 6 months after the committee SUMMARY: Notice is hereby given to an invention to practical application is first convened. intent to grant to General Atomics, Inc., expeditiously.

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The Department will review all timely Room or may be viewed on the Second Revised Sheet No. 5 written responses to this notice, and Commission’s Web site at http:// First Revised Sheet No. 293 will proceed with negotiating the www.ferc.gov using the eLibrary. Enter Sheet Nos. 294–308 license if, after consideration of written the docket number excluding the last DTI requests an effective date of responses to this notice, a finding is three digits in the docket number field August 1, 2004 for its proposed tariff made that the license is in the public to access the document. For assistance, sheets. DTI states that the purpose of interest. please contact FERC Online Support at this filing is to convert its individually Issued in Washington, DC on July 15, 2004. [email protected] or toll- certificated service under Rate Schedule free at (866) 208–3676, or TTY, contact X–70 to open access service under part Paul A. Gottlieb, (202) 502–8659. The Commission 284. Assistant General Counsel for Technology, strongly encourages electronic filings. Any person desiring to be heard or to Transfer and Intellectual Property. See 18 CFR 385.2001(a)(1)(iii) and the protest said application should file a [FR Doc. 04–16585 Filed 7–20–04; 8:45 am] instructions on the Commission’s Web motion to intervene or a protest with the BILLING CODE 6450–01–P site under the e-Filing link. Federal Energy Regulatory Commission, Take further notice that, pursuant to 888 First Street, NE., Washington, DC the authority contained in, and subject 20426, in accordance with sections DEPARTMENT OF ENERGY to the jurisdiction conferred upon the 385.214 or 385.211 of the Commission’s Federal Energy Regulatory Commission by sections 7 and 15 of the Rules and Regulations. All such motions Commission Natural Gas Act and the Commission’s or protests must be filed on or before the Rules of Practice and Procedure, a date as indicated below. Protests will be [Docket No. CP04–371–000] hearing will be held without further considered by the Commission in notice before the Commission or its determining the appropriate action to be Chandeleur Pipe Line Company; designee on the application if no motion taken, but will not serve to make Notice of Abbreviated Application for to intervene is filed within the time protestants parties to the proceedings. Certificate of Public Convenience required herein and if the Commission, Any person wishing to become a party July 14, 2004. on its own review of the matter, finds must file a motion to intervene. This Take notice that on July 1, 2004, that a grant of the certificate is required filing is available for review at the Chandeleur Pipe Line Company by the public convenience and Commission in the Public Reference (Chandeleur), pursuant to section 7(c) of necessity. If a motion for leave to Room or may be viewed on the the Natural Gas Act (NGA), as amended, intervene is timely filed, or if the Commission’s Web site at http:// and part 157 of the Commission’s Commission, on it own motion, believes www.ferc.gov using the eLibrary. Enter regulations submitted an abbreviated that a formal hearing is required, further the docket number excluding the last application for a certificate of public notice of such hearing will be duly three digits in the docket number field convenience and necessity, authorizing given. to access the document. For assistance, the acquisition of volumes of natural gas Under the procedure herein provided please contact FERC Online Support at to comprise system line pack and the for, unless otherwise advised, it will be [email protected] or toll- authority to include the costs of the line unnecessary for Chandeleur to appear or free at (866) 208–3676, or TTY, contact pack acquired hereunder in future rate be represented at the hearing. (202) 502–8659. The Commission Comment Date: July 29, 2004. filings. The cost of the proposed strongly encourages electronic filings. acquisition is $318,432. Magalie R. Salas, See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web Chandeleur states that the acquisition Secretary. by Applicant of the line pack will site under the e-Filing link. [FR Doc. E4–1616 Filed 7–20–04; 8:45 am] Intervention and Protest Date: July 29, ensure standardization with industry BILLING CODE 6717–01–P 2004. practice. Questions regarding this application Magalie R. Salas, should be directed to Linda L. DEPARTMENT OF ENERGY Secretary. Geoghegan, at 2811 Hayes Road, [FR Doc. E4–1615 Filed 7–20–04; 8:45 am] Federal Energy Regulatory Houston, TX 77082 or by telephone at BILLING CODE 6717–01–P (281) 596–3592 or via e-mail at Commission [email protected]. [Docket Nos. CP04–370–000 and RP96–383– Any person desiring to be heard or to 058] DEPARTMENT OF ENERGY protest said application should file a motion to intervene or a protest with the Dominion Transmission, Inc.; Notice of Federal Energy Regulatory Federal Energy Regulatory Commission, Abandonment of Service and Commission 888 First Street, NE., Washington, DC Negotiated Rate Agreement 20426, in accordance with sections Notice of Non-Project Use of Project July 14, 2004. 385.214 or 385.211 of the Commission’s Lands and Waters and Soliciting Take notice that on June 30, 2004, rules and regulations. All such motions Comments, Motions To Intervene, and Dominion Transmission, Inc. (DTI) or protests must be filed on or before the Protests tendered for filing as part of its FERC date as indicated below. Protests will be Gas Tariff, Third Revised Volume No. 1, July 14, 2004. considered by the Commission in the following Pro Forma tariff sheets: Take notice that the following determining the appropriate action to be application has been filed with the taken, but will not serve to make Third Revised Sheet No. 6 Commission and is available for public Fifth Revised Sheet No. 1404 protestants parties to the proceedings. inspection: Any person wishing to become a party DTI also submitted, as part of its a. Application Type: Non-project use must file a motion to intervene. This FERC Gas Tariff, First Revised Volume of project lands and waters. filing is available for review at the No. 2, the following Pro Forma tariff b. Project No.: 2503–082. Commission in the Public Reference sheets: c. Date Filed: July 8, 2004.

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d. Applicant: Duke Energy requirements of rules of practice and sheets as proposed in its April 30, 2004, Corporation. procedure, 18 CFR 385.210, .211, .214. compliance filing in Docket No. RP04- e. Name of Project: Keowee-Toxaway In determining the appropriate action to 188-002, and granted, in part, and Hydroelectric Project. take, the Commission will consider all denied, in part, Great Lakes’ request for f. Location: The project is located on protests or other comments filed, but rehearing in Docket No. RP04-188-001. Lake Keowee in Oconee County, South only those who file a motion to Great Lakes states that it was directed to Carolina. The project does not utilize intervene in accordance with the file revised tariff sheets within fifteen Federal or tribal lands. Commission’s Rules may become a (15) days of the June 23 Order consistent g. Filed Pursuant to: Federal Power party to the proceeding. Any comments, with the Commission directives to Act, 16 U.S.C. 791(a)–825(r). protests, or motions to intervene must provide objective criteria for evaluating h. Applicant Contact: Mr. Joe Hall, be received on or before the specified the outlook and history of a shipper as Duke Energy Company, P.O. Box 1006, comment date for the particular part of its creditworthiness review, and Charlotte, NC 28201–1006. Phone: (704) application. notice to shippers of the basis for a non- 382–8576 o. Filing and Service of Responsive creditworthy determination, as set forth i. FERC Contact: Any questions on Documents—Any filings must bear in in that Order. this notice should be addressed to all capital letters the title Any person desiring to protest said Shana High at (202) 502–8674. ‘‘COMMENTS’’, filing should file a protest with the j. Deadline for filing comments and/ ‘‘RECOMMENDATIONS FOR TERMS Federal Energy Regulatory Commission, or motions: August 3, 2004. AND CONDITIONS’’, ‘‘PROTEST’’, or 888 First Street, NE., Washington, DC All documents (original and eight ‘‘MOTION TO INTERVENE’’, as 20426, in accordance with section copies) should be filed with: Ms. applicable, and the project number of 385.211 of the Commission’s Rules and Magalie R. Salas, Secretary, Federal the particular application to which the Regulations. All such protests must be Energy Regulatory Commission, 888 filing refers. A copy of any motion to filed in accordance with section 154.210 First Street, NE., Washington DC 20426. intervene must also be served upon each of the Commission’s Regulations. Please include the project number (P– representative of the Applicant Protests will be considered by the 2503–082) on any comments or motions specified in the particular application. Commission in determining the filed. Comments, protests, and p. Agency Comments—Federal, State, appropriate action to be taken, but will interventions may be filed electronically and local agencies are invited to file not serve to make protestants parties to via the internet in lieu of paper. See 18 comments on the described application. the proceedings. This filing is available CFR 385.2001(a)(1)(iii) and the A copy of the application may be for review at the Commission in the instructions on the Commission’s Web obtained by agencies directly from the Public Reference Room or may be site under the ‘‘e-Filing’’ link. The Applicant. If an agency does not file viewed on the Commission’s Web site at Commission strongly encourages e- comments within the time specified for http://www.ferc.gov using the eLibrary filings. filing comments, it will be presumed to link. Enter the docket number excluding k. Description of Proposal: Duke have no comments. One copy of an the last three digits in the docket Energy Corporation proposes to lease agency’s comments must also be sent to number field to access the document. 0.313 acres of project property to the Applicant’s representatives. For assistance, please contact FERC Keowee Key Property Owners Online Support at Association for a commercial/residential Magalie R. Salas, [email protected] or toll- marina which will consist of one cluster Secretary. free at (866) 208-3676, or TTY, contact dock with 14 slips. The lease will [FR Doc. E4–1619 Filed 7–20–04; 8:45 am] (202) 502-8659. The Commission increase a previously approved lease BILLING CODE 6717–01–P strongly encourages electronic filings. area from 11.34 acres to 11.653 acres. See 18 CFR 385.2001(a)(1)(iii) and the The cluster dock will be constructed of instructions on the Commission’s Web treated wood and encapsulated DEPARTMENT OF ENERGY site under the e-Filing link. Styrofoam. No dredging will be required Federal Energy Regulatory for the construction and operation of Magalie R. Salas, Commission these facilities. Secretary. l. Locations of the Application: This [Docket No. RP04-188-003] [FR Doc. E4–1623 Filed 7–20–04; 8:45 am] filing is available for review at the BILLING CODE 6717–01–P Commission or may be viewed on the Great Lakes Gas Transmission Limited Commission’s Web site at http:// Partnership; Notice of Compliance www.ferc.gov, using the ‘‘eLibrary’’ link. Filing DEPARTMENT OF ENERGY Enter the docket number excluding the July 14, 2004. last three digits in the docket number Take notice that on July 8, 2004, Great Federal Energy Regulatory field to access the document. For Lakes Gas Transmission Commission assistance, contact FERC Online LimitedPartnership (Great Lakes) [Docket No. RP02-118-008] Support at tendered for filing as part of its FERC [email protected] or toll- Gas Tariff, Second Revised Volume No. High Island Offshore System, L.L.C.; free at (866) 208–3676, or for TTY, 1, the following tariff sheets, proposed Notice of Negotiated Rate Filing contact (202) 502–8659. to be effective April 1, 2004: m. Individuals desiring to be included July 14, 2004. on the Commission’s mailing list should First Revised Sheet No. 50R Take notice that on July 8, 2004, High so indicate by writing to the Secretary First Revised Sheet No. 50S Island Offshore System, L.L.C. (HIOS), of the Commission. Great Lakes states that these tariff tendered for filing and acceptance (1) a n. Comments, Protests, or Motions To sheets are being filed to comply with the Gas Transportation Agreement between Intervene—Anyone may submit Commission’s June 23, 2004 Order on HIOS and Walter Oil and Gas comments, a protest, or a motion to Rehearing and Compliance, wherein the Corporation (Walter) pursuant to HIOS’ intervene in accordance with the Commission accepted Great Lakes’ tariff Rate Schedule IT; (2) a Negotiated Rate

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Letter Agreement between HIOS and entered into by Natural and Occidental Southern Trails states that a copy of Walter dated August 1, 2004; and (3) a Energy Marketing, Inc., under Natural’s this filing has been served upon its Reserve Commitment Agreement Rate Schedule FTS pursuant to section customers and the Public Service between HIOS and Walter dated August 49 of the General Terms and Conditions Commissions of Utah, New Mexico, 22, 2003. of Natural’s Tariff. Arizona, and California. HIOS states that the filed agreements Natural states that copies of the filing Any person desiring to protest said reflect a negotiated rate arrangement are being mailed to all parties set out on filing should file a protest with the between HIOS and Walter that will the Commission’s official service list in Federal Energy Regulatory Commission, become effective on August 1, 2004. Docket No. RP99–176. 888 First Street, NE., Washington, DC Any person desiring to be heard or to Any person desiring to be heard or to 20426, in accordance with section protest said filing should file a motion protest said filing should file a motion 385.211 of the Commission’s Rules and to intervene or a protest with the to intervene or a protest with the Regulations. All such protests must be Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, filed in accordance with section 154.210 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC of the Commission’s Regulations. 20426, in accordance with sections 20426, in accordance with sections Protests will be considered by the 385.214 or 385.211 of the Commission’s 385.214 or 385.211 of the Commission’s Commission in determining the rules and regulations. All such motions Rules and Regulations. All such motions appropriate action to be taken, but will or protests must be filed in accordance or protests must be filed in accordance not serve to make protestants parties to with section 154.210 of the with section 154.210 of the the proceedings. This filing is available Commission’s regulations. Protests will Commission’s Regulations. Protests will for review at the Commission in the be considered by the Commission in be considered by the Commission in Public Reference Room or may be determining the appropriate action to be determining the appropriate action to be viewed on the Commission’s Web site at taken, but will not serve to make taken, but will not serve to make http://www.ferc.gov using the eLibrary protestants parties to the proceedings. protestants parties to the proceedings. (FERRIS) link. Enter the docket number Any person wishing to become a party Any person wishing to become a party excluding the last three digits in the must file a motion to intervene. This must file a motion to intervene. This docket number field to access the filing is available for review at the filing is available for review at the document. For assistance, please contact Commission in the Public Reference Commission in the Public Reference FERC Online Support at Room or may be viewed on the Room or may be viewed on the [email protected] or toll- Commission’s Web site at http:// Commission’s Web site at http:// free at (866) 208–3676, or TTY, contact www.ferc.gov using the eLibrary. Enter www.ferc.gov using the eLibrary. Enter (202) 502–8659. The Commission the docket number excluding the last the docket number excluding the last strongly encourages electronic filings. three digits in the docket number field three digits in the docket number field See 18 CFR 385.2001(a)(1)(iii) and the to access the document. For assistance, to access the document. For assistance, instructions on the Commission’s Web please contact FERC Online Support at please contact FERC Online Support at site under the e-Filing link. [email protected] or toll- [email protected] or toll- free at (866) 208-3676, or TTY, contact free at (866) 208–3676, or TTY, contact Magalie R. Salas, (202) 502-8659. The Commission (202) 502–8659. The Commission Secretary. strongly encourages electronic filings. strongly encourages electronic filings. [FR Doc. E4–1624 Filed 7–20–04; 8:45 am] See 18 CFR 385.2001(a)(1)(iii) and the See, 18 CFR 385.2001(a)(1)(iii) and the BILLING CODE 6717–01–P instructions on the Commission’s Web instructions on the Commission’s Web site under the e-Filing link. site under the e-Filing link. DEPARTMENT OF ENERGY Magalie R. Salas, Magalie R. Salas, Secretary. Secretary. Federal Energy Regulatory [FR Doc. E4–1622 Filed 7–20–04; 8:45 am] [FR Doc. E4–1614 Filed 7–20–04; 8:45 am] Commission BILLING CODE 6717–01–P BILLING CODE 6717–01–P Notice of Application for Non-Project Use of Project Lands and Soliciting DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Comments, Motions To Intervene, and Protests Federal Energy Regulatory Federal Energy Regulatory Commission Commission July 14, 2004. Take notice that the following [Docket No. RP99–176–102] [Docket No. RP04–329–001] application has been filed with the Commission and is available for public Natural Gas Pipeline Company of Questar Southern Trails Pipeline inspection: America; Notice of Negotiated Rate Company; Notice of Tariff Filing a. Application Type: Non-project use July 14, 2004. July 14, 2004. of project lands. Take notice that on July 9, 2004, Take notice that on July 12, 2004, b. Project No.: 516-394. Natural Gas Pipeline Company of Questar Southern Trails Pipeline c. Date Filed: June 25, 2004. America (Natural) tendered for filing as Company (Southern Trails) tendered for d. Applicant: South Carolina Electric part of its FERC Gas Tariff, Sixth filing an amendment to its June 11, & Gas Company. Revised Volume No. 1, the tariff sheets 2004, tariff filing. Questar states that the e. Name of Project: Saluda Project. listed on Appendix A to the filing, with amended filing consists of the following f. Location: Lake Murray in Saluda an effective date of July 10, 2004. tariff sheets to Original Volume No. 1 of County, South Carolina. Natural states that the purpose of this its FERC Gas Tariff: g. Filed Pursuant to: Federal Power filing is to implement an amendment to Substitute Third Revised Sheet Nos. 1 and 30 Act, 16 U.S.C. 791 (a) 825(r) and 799 an existing negotiated rate transaction Substitute Original Sheet No. 114 and 801.

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h. Applicant Contact: Mr. Randolph o. Filing and Service of Responsive Southern Star states that a copy of its R. Mahan, Manager, Environmental Documents—Any filings must bear in filing was served on all parties included Programs and Special Projects, SCANA all capital letters the title on the official service list. Services, Inc., Columbia, SC 29218, ‘‘COMMENTS’’, Any person desiring to protest said (803) 217-9538. ‘‘RECOMMENDATIONS FOR TERMS filing should file a protest with the i. FERC Contacts: Any questions on AND CONDITIONS’’, ‘‘PROTEST’’, or Federal Energy Regulatory Commission, this notice should be addressed to Mrs. ‘‘MOTION TO INTERVENE’’, as 888 First Street, NE., Washington, DC Jean Potvin at (202) 502-8928, or e-mail applicable, and the Project Number of 20426, in accordance with section address: [email protected]. the particular application to which the 385.211 of the Commission’s Rules and j. Deadline for filing comments and or filing refers. A copy of any motion to Regulations. All such protests must be motions: August 16, 2004. intervene must also be served upon each filed on or before the protest date as All documents (original and eight representative of the Applicant shown below. Protests will be copies) should be filed with: Ms. specified in the particular application. considered by the Commission in Magalie R. Salas, Secretary, Federal p. Agency Comments—Federal, State, determining the appropriate action to be Energy Regulatory Commission, 888 and local agencies are invited to file taken, but will not serve to make First Street, NE., Washington DC 20426. comments on the described application. protestants parties to the proceedings. Please include the project number (P- A copy of the application may be This filing is available for review at the 516-394) on any comments or motions obtained by agencies directly from the Commission in the Public Reference filed. Comments, protests, and Applicant. If an agency does not file Room or may be viewed on the interventions may be filed electronically comments within the time specified for Commission’s Web site at http:// via the Internet in lieu of paper. See 18 filing comments, it will be presumed to www.ferc.gov using the eLibrary link. CFR 385.2001(a)(1)(iii) and the have no comments. One copy of an Enter the docket number excluding the instructions on the Commission’s Web agency’s comments must also be sent to last three digits in the docket number site under the ‘‘e-Filing’’ link. The the Applicant’s representatives. field to access the document. Commission strongly encourages e- q. Comments, protests and Comments, protests and interventions filings. interventions may be filed electronically may be filed electronically via the k. Description of Request: via the Internet lieu of paper. See 18 Internet in lieu of paper. For assistance, The licensee proposes to issue a please contact FERC Online Support at permit authorizing Westshore Limited CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web [email protected] or toll- to excavate 3,260 cubic yards of material free at (866) 208-3676, or TTY, contact from within an area of 0.918 acres in site at http://www.ferc.gov under the ‘‘e- Filing’’ link. (202) 502–8659. The Commission waters of Lake Murray at the existing strongly encourages electronic filings. Spinners Marina. Magalie R. Salas, See 18 CFR 385.2001(a)(1)(iii) and the l. Location of the Application: The Secretary. instructions on the Commission’s Web filing is available for review at the [FR Doc. E4–1620 Filed 7–20–04; 8:45 am] site under the e-Filing link. Commission in the Public Reference BILLING CODE 6717–01–P Protest Date: July 21, 2004. Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or Magalie R. Salas, may be viewed on the Commission’s DEPARTMENT OF ENERGY Secretary. Web site at http://www.ferc.gov using [FR Doc. E4–1617 Filed 7–20–04; 8:45 am] the ‘‘eLibrary’’ link. Enter the docket Federal Energy Regulatory BILLING CODE 6717–01–P number excluding the last three digits in Commission the docket number field to access the DEPARTMENT OF ENERGY document. For assistance, please contact [Docket No. GT95–11–006] FERC Online Support at Federal Energy Regulatory [email protected] or toll Southern Star Central Gas Pipeline, Commission free (866) 208-3676 or TTY, contact Inc; Notice of Refund Report (202) 502-8659. [Docket No. CP04–12–002] m. Individuals desiring to be included July 14, 2004. on the Commission’s mailing list should Take notice that on June 14, 2004, TransColorado Gas Transmission so indicate by writing to the Secretary Southern Star Central Gas Pipeline, Inc. Company; Notice of Compliance Filing of the Commission. (Southern Star), formerly Williams Gas n. Comments, Protests, or Motions to Pipelines Central, Inc., tendered for July 14, 2004. Intervene—Anyone may submit filing a report of activities regarding Take notice that on July 1, 2004, comments, a protest, or a motion to collection of Kansas ad valorem taxes in TransColorado Gas Transmission intervene in accordance with the Southern Star’s Docket No. GT95–11. Company (TransColorado) tendered for requirements of Rules of Practice and Southern Star states that this filing is filing as part of its FERC Gas Tariff, First Procedure, 18 CFR 385.210, .211, .214. being made in compliance with a Revised Volume No. 1, the following In determining the appropriate action to Commission order directing that the tariff sheets, with an effective date of take, the Commission will consider all pipelines file reports concerning their August 1, 2004: protests or other comments filed, but activities to collect and flow through Seventh Revised Sheet No. 21 only those who file a motion to refunds of the taxes at issue. Southern First Revised Sheet No. 22B intervene in accordance with the Star further states that this filing reflects TransColorado is filing the above- Commission’s Rules may become a amounts still due to Southern Star in referenced tariff sheets in compliance party to the proceeding. Any comments, Docket No. GT95–11 as a result of the with the Commission’s ‘‘Order Issuing protests, or motions to intervene must Kansas ad valorem tax refunds ordered Certificate’’ dated March 24, 2004, in be received on or before the specified by the Commission in 1993 and related Docket No. CP04–12–000. comment date for the particular to tax payments originally made in 1988 TransColorado states that a copy of application. and after. this filing has been served upon all

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parties on the official service list for this ATCLLC requests an effective date of Comment Date: July 27, 2004. proceeding. August 15, 2004. 5. Nevada Power Company and Sierra Any person desiring to protest said Comment Date: July 29, 2004. Pacific Power Company filing should file a protest with the 2. CSW Ft. Lupton, Inc. Thermo Federal Energy Regulatory Commission, [Docket No. ER04–418–003] Holdings LP 888 First Street, NE., Washington, DC Take notice that on July 6, 2004, 20426, in accordance with section [Docket No. EC04–131–000] Nevada Power Company and Sierra 385.211 of the Commission’s rules and Take notice that on July 9, 2004, CSW Pacific Power Company (collectively, regulations. All such protests must be Ft. Lupton, Inc. (CSW) and Thermo the Nevada Companies) submitted a filed on or before the date as indicated Holdings LP (Thermo) (jointly, compliance filing pursuant to the below. Protests will be considered by Applicants) filed with the Commission Commission’s order issued June 4, 2004, the Commission in determining the an application pursuant to section 203 107 FERC ¶ 61,255. appropriate action to be taken, but will of the Federal Power Act (FPA) for Comment Date: July 27, 2004. not serve to make protestants parties to authorization for the sale and transfer of 6. Central Vermont Public Service the proceedings. This filing is available all except one tenth of one percent of Corporation for review at the Commission in the CSW’s partnership interests in Thermo Public Reference Room or may be Cogeneration Partnership, L.P. (Thermo [Docket Nos. ER04–510–003 and EL04–88– 002] viewed on the Commission’s Web site at Cogen) to Thermo (which will result in http://www.ferc.gov using the eLibrary an indirect change of control over the Take notice that on July 6, 2004, link. Enter the docket number excluding FPA jurisdictional facilities owned by Central Vermont Public Service the last three digits in the docket Thermo Cogen). Corporation (Central Vermont) in number field to access the document. Comment Date: July 30, 2004. response to a deficiency letter issued For assistance, please contact FERC June 15, 2004, additional information Online Support at 3. New York Independent System relating to Substitute Original Service [email protected] or toll- Operator, Inc. Agreement No. 46, a revised unexecuted free at (866) 208–3676, or TTY, contact [Docket Nos. ER03–552–009 and ER03–984– interconnection Agreement with North (202) 502–8659. The Commission 007] Hartland, LLC filed on April 12, 2004, in Docket Nos. ER04–510–002 and strongly encourages electronic filings. Take notice that on July 6, 2004, the See 18 CFR 385.2001(a)(1)(iii) and the EL04–88–001. New York Independent System Central Vermont states that copies of instructions on the Commission’s Web Operator, Inc. (NYISO) tendered for the filing were served upon North site under the e-Filing link. filing a compliance filing pursuant to Hartland, LLC, the Vermont Department Protest Date: July 29, 2004. the Commission’s order issued June 2, of Public Service, and the Vermont Magalie R. Salas, 2004, in Docket Nos. ER03–552–006 et Public Service Board. al. Secretary. Comment Date: July 27, 2004. NYISO states that it has served a copy [FR Doc. E4–1625 Filed 7–20–04; 8:45 am] of this filing to all parties listed on the 7. Southern California Edison Company BILLING CODE 6717–01–P official service list maintained by the [Docket No. ER04–724–001] Secretary of the Commission in these Take notice that on July 6, 2004, proceedings. NYISO states that it has DEPARTMENT OF ENERGY Southern California Edison Company also served a copy of this filing to all (SCE), tendered for filing supplemental Federal Energy Regulatory parties that have executed Service information pursuant to the Commission Agreements under the NYISO’s Open- Commission’s letter issued June 4, 2004, Access Transmission Tariff or Services regarding its April 9, 2004, filing in Tariff, the New York State Public [Docket No. EC04–130–000, et al.] Docket No. ER04724–000. Service Commission and to the electric SCE states that copies of this filing American Transmission Company LLC, utility regulatory agencies in New Jersey were served upon the Public Utilities et al.; Electric Rate and Corporate and Pennsylvania. Commission of the State of California, Filings Comment Date: July 27, 2004. FPL Energy Green Power Wind, LLC and Commission Staff. July 12, 2004. 4. Public Service Company of New Mexico Comment Date: July 27, 2004. The following filings have been made with the Commission. The filings are [Docket No. ER04–416–002] 8. Midwest Independent Transmission System Operator, Inc. listed in ascending order within each Take notice that on July 6, 2004, docket classification. Public Service Company of New Mexico [Docket No. ER04–754–001] 1. American Transmission Company (PNM) submitted a filing containing Take notice that on July 6, 2004, the LLC certain revisions to PNM’s Open Access Midwest Independent Transmission Transmission Tariff (OATT), in System Operator, Inc. (Midwest ISO), in [Docket No. EC04–130–000] compliance with the Commission’s compliance with the Commission’s Take notice that on July 8, 2004, Order issued June 4, 2004, 107 FERC order issued June 4, 2004, in Docket No. American Transmission Company LLC ¶ 61,255. ER04–754–000, submitted for filing on (ATCLLC) tendered for filing an PNM states that copies of the filing behalf of itself and American Application for Authority to Acquire have been sent to all PNM large Transmission Company LLC (ATCLLC) Transmission Facilities Under section generation interconnection customers, and Wisconsin Public Service 203 of the Federal Power Act. ATCLLC to all entities that have pending large Corporation (WPSC) a proposed requests that the Commission authorize generation interconnection requests Amendment No. 1 to the Amended and ATCLLC to acquire ownership of certain with PNM, to the New Mexico Public Restated Generation-Interconnection transmission facilities from the Regulation Commission, and to the New Agreement between ATCLLC, WPSC, Wisconsin Public Service Corporation. Mexico Attorney General. and the Midwest ISO.

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Midwest ISO states that it has transmission rights. Boston Generating 1. New York Independent System electronically served a copy of this requests the waivers and exemptions Operator, Inc., Central Hudson Gas & filing, with attachments, upon all from regulation typically granted to the Electric Corporation, LIPA, New York Midwest ISO Members, Member holders of market-based rate Power Authority, New York State representatives of Transmission Owners authorization. Boston Generating Electric & Gas Corporation, Niagara and Non-Transmission Owners, the requests an effective date of August 1, Mohawk Power Corporation, Rochester Midwest ISO Advisory Committee 2004. Gas and Electric Corporation v. New participants, as well as all state Comment Date: July 28, 2004. York Independent System Operator, commissions within the region. Inc., New York Independent System Midwest ISO notes that the filing has Standard Paragraph Operator, Inc. been electronically posted on the [Docket No. EL04–110–000, Docket No. Midwest ISO’s Web site at http:// Any person desiring to intervene or to protest this filing should file with the EL04–113–001, (Not Consolidated), Docket www.midwestiso.org under the heading No. EL04–115–001, and Docket No. ER04– ‘‘Filings to FERC’’ for other interested Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 983–001] parties in this matter. The Midwest ISO Take notice that on July 13, 2004, the states that it will provide hard copies to 20426, in accordance with rules 211 and 214 of the Commission’s rules of New York Independent System any interested parties upon request. Operator, Inc. (NYISO) filed proposed Comment Date: July 27, 2004. practice and procedure (18 CFR 385.211 and 385.214). Protests will be revisions to its Market Administration 9. Renaissance Power, L.L.C. considered by the Commission in and Control Area Services Tariff and Open Access Transmission Tariff under [Docket No. ER04–992–000] determining the appropriate action to be taken, but will not serve to make its authority to make unilateral tariff Take notice that on July 7, 2004, protestants parties to the proceeding. filings in ‘‘exigent circumstances.’’ Renaissance Power, L.L.C. (Renaissance) Any person wishing to become a party NYISO states that the proposed tariff pursuant to section 205 of the Federal must file a motion to intervene. All such revisions are part of a comprehensive Power Act (FPA), 16 U.S.C. 824d, and motions or protests should be filed on offer of settlement that the NYISO has part 35 of the Commission’s regulations, or before the comment date, and, to the submitted in the above-captioned 18 CFR part 35, submitted for filing a extent applicable, must be served on the proceedings. rate schedule under which it specifies applicant and on any other person The NYISO states that it has its revenue requirement for providing designated on the official service list. electronically served a copy of this cost-based Reactive Support and Voltage This filing is available for review at the filing on the official representative of Control from Generation Sources within Commission or may be viewed on the each of its customers, on each the Michigan Electric Transmission Commission’s Web site at http:// participant in its stakeholder Company, LLC (METC) control area. www.ferc.gov, using the ‘‘FERRIS’’ link. committees, and on the New York State Renaissance requests an effective date of Enter the docket number excluding the Public Service Commission. September 1, 2004. last three digits in the docket number Comment Date: July 20, 2004. Renaissance states that it has filed to access the document. For provided copies of the filing to METC, 2. Perryville Energy Partners, L.L.C. assistance, call (202) 502–8222 or TTY, and the Midwest Independent System and Entergy Services, Inc. on Behalf of (202) 502–8659. Protests and Operator, Inc., and the Michigan Public Entergy Louisiana, Inc. interventions may be filed electronically Service Commission. [Docket No. EL04–118–000] via the Internet in lieu of paper; see 18 Comment Date: July 28, 2004. CFR 385.2001(a)(1)(iii) and the Take notice that on July 12, 2004, 10. Duke Energy Corporation instructions on the Commission’s Web Perryville Energy Partners, L.L.C. (PEP) and Entergy Services, Inc., on behalf of [Docket No. ER04–993–000] site under the ‘‘e-Filing’’ link. The Commission strongly encourages Entergy Louisiana, Inc. +, filed with the Take notice that on July 7, 2004, Duke electronic filings. Federal Energy Regulatory Commission Energy Corporation, on behalf of Duke a petition for declaratory order that the Electric Transmission, (collectively, Magalie R. Salas, Commission disclaim jurisdiction over Duke) tendered for filing a revised Secretary. the disposition of PEP’s generating Network Integration Transmission [FR Doc. E4–1611 Filed 7–20–04; 8:45 am] facility located near Perryville, Service Agreement (NITSA) between BILLING CODE 6717–01–P Louisiana. Duke and North Carolina Municipal PEP states that a copy of the petition Power Authority No. 1. Duke seeks an was served upon the Louisiana Public effective date for the revised NITSA of DEPARTMENT OF ENERGY Service Commission, the Arkansas July 1, 2004. Public Service Commission, the Comment Date: July 28, 2004. Federal Energy Regulatory Mississippi Public Service Commission, Commission 11. Boston Generating, LLC the New Orleans City Council, and the Public Utility Commission of Texas. [Docket No. ER04–994–000] [Docket No. EL04–110–000, et al.] Comment Date: August 2, 2004. Take notice that on July 7, 2004, 3. Alabama Power Company Boston Generating, LLC (Boston New York Independent System Generating) submitted for filing, Operator, Inc., et al.; Electric Rate and [Docket Nos. ER04–664–002] pursuant to section 205 of the Federal Corporate Filings Take notice that on July 9, 2004, Power Act and part 35 of the Alabama Power Company made a Commission’s regulations an July 14, 2004. compliance filing in accordance with application for market-based rate The following filings have been made the Federal Energy Regulatory authorization to sell energy, capacity, with the Commission. The filings are Commission’s order in Alabama Power and ancillary services, and reassign listed in ascending order within each Company, 107 FERC ¶ 61,146 (2004). transmission capacity and resell firm docket classification. Comment Date: July 30, 2004.

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4. PPL Distributed Generation, LLC Power Act (FPA), 16 U.S.C. 824b, and 11. Alpena Power Generation, L.L.C. [Docket No. ER04–671–000 and ER04–671– section 35.13 of the Commission’s [Docket No. ER04–1004–000] 001] regulations, 18 CFR 35.13, filed an amendment to an existing electric Take notice that on July 9, 2004, On July 12, 2004, PPL Distributed power sales agreement between them to Alpena Power Generation, L.L.C. Generation, LLC (PPL Distributed extend the term of that agreement from (Alpena Generation), tendered for filing Generation) submitted a Notice of December 31, 2004, through December a request for market-based rate authority Withdrawal of its market-based rate 31, 2006, and to make other minor and a request for waiver of the sixty-day application and of its later filed request conforming changes to this agreement. notice requirement. Alpena Generation for extension of time. PPL Distributed Ameren Companies requests an effective also requests waiver from the Generation requests an effective date of date of September 7, 2004. Commission’s code of conduct, and July 26, 2004. Ameren Companies state that copies waiver of the accounting, reporting and Comment Date: July 22, 2004. of this filing have been served on all other requirements under parts 41, 101, 5. Vermont Electric Cooperative, Inc. affected state commissions. and 141 of the Commission’s Comment Date: July 30, 2004. regulations. [Docket No. ER04–694–002] Comment Date: July 30, 2004. Take notice that on July 9, 2004, 9. Alabama Power Company Vermont Electric Cooperative, Inc. [Docket No. ER04–1002–000] 12. EcoElectrica, L.P. (VEC), submitted a supplement to its Take notice that on July 9, 2004, [Docket No. QF95–328–006] March 31, 2004 application for market- Alabama Power Company (Alabama Take notice that on July 7, 2004, based rate authority originally filed with Power) filed an Exhibit F to the EcoElectrica, L.P. (EcoElectrica) filed an the Commission on March 31, 2004. Amended and Restated Agreement for amendment to the application filed VEC is requesting such authority, Partial Requirements and April 18, 2004, in compliance with the effective January 1, 2003. Complementary Services between Letter Order issued July 2, 2004, in Comment Date: July 30, 2004. Alabama Power and the Alabama Docket No. QF95–328–006. 6. Southern Company Services, Inc. Municipal Electric Authority (AMEA) (Alabama Power Rate Schedule No. Comment Date: July 30, 2004. [Docket No. ER04–952–000] 168). Alabama Power states that the Standard Paragraph Take notice that on July 8, 2004, amendment sets forth its and AMEA’s Southern Company Services, Inc. (SCS), agreement regarding the addition of a Any person desiring to intervene or to on behalf of Georgia Power Company new point of connection in accordance protest this filing should file with the (GPC), filed with the Commission a with the Amended PR Agreement. An Federal Energy Regulatory Commission, clarification of its June 23, 2004 Notice effective date of May 1, 2004 is 888 First Street, NE., Washington, DC of Cancellation of the Interconnection requested. 20426, in accordance with Rules 211 Agreement between Southern Power Comment Date: July 30, 2004. and 214 of the Commission’s Rules of Company and GPC, Service Agreement Practice and Procedure (18 CFR 385.211 No. 458, under Southern Companies’ 10. American Electric Power Service and 385.214). Protests will be Open Access Transmission Tariff, Corporation considered by the Commission in Fourth Revised Volume No. 5. [Docket No. ER04–1003–000 and ER04– determining the appropriate action to be Comment Date: July 29, 2004. 1007–000] taken, but will not serve to make 7. PJM Interconnection, L.L.C. Take notice that on July 9, 2004, protestants parties to the proceeding. American Electric Power Service Any person wishing to become a party [Docket No. ER04–1000–000] Corporation on behalf of Appalachian must file a motion to intervene. All such Take notice that on July 9, 2004, PJM Power Company, Columbus Southern motions or protests should be filed on Interconnection, L.L.C. (PJM), submitted Power Company, Indiana Michigan or before the comment date, and, to the for filing an executed first revised Power Company, Kentucky Power extent applicable, must be served on the second interim interconnection service Company, Kingsport Power Company, applicant and on any other person agreement between PJM and Armstrong Ohio Power Company, Public Service designated on the official service list. Energy Limited Partnership, L.L.L.P. Company of Oklahoma, Southwestern This filing is available for review at the PJM requests a waiver of the Electric Power Company, AEP Texas Commission or may be viewed on the Commission’s 60-day notice Central Company, AEP Texas North Commission’s Web site at http:// requirement to permit a June 10, 2004 Company and Wheeling Power www.ferc.gov, using the ‘‘FERRIS’’ link. effective date for the Interim ISA. Company, (collectively AEP) filed Enter the docket number excluding the PJM states that copies of this filing revisions to their Open Access last three digits in the docket number were served upon the parties to the Transmission Service Tariff (OATT) that filed to access the document. For agreement and the state regulatory has been designated as the Operating assistance, call (202) 502–8222 or TTY, commissions within the PJM region. Companies of the American Electric (202) 502–8659. Protests and Comment Date: July 30, 2004. Power System FERC Electric Tariff, interventions may be filed electronically 8. Ameren Energy Marketing Co. Third Revised Volume No. 6. via the Internet in lieu of paper; see 18 Central Illinois Public Service AEP states that a copy of the CFR 385.2001(a)(1)(iii) and the Company d/b/a/ AmerenCIPS transmittal letter has been served on all instructions on the Commission’s Web parties to this proceeding, all customers site under the ‘‘e-Filing’’ link. The [Docket No. ER04–1001–000] under the tariff and a copy of the filing Commission strongly encourages Take notice that on July 9, 2004, has been served on the State public electronic filings. Ameren energy Marketing Company service commissions of Arkansas, (AME) and Central Illinois Public Indiana, Kentucky, Louisiana, Michigan, Magalie R. Salas, Service Company d/b/a/ AmerenCIPS, Ohio, Oklahoma, Tennessee, Texas, Secretary. (collectively, Ameren Companies) Virginia and West Virginia. [FR Doc. E4–1612 Filed 7–20–04; 8:45 am] pursuant to section 205 of the Federal Comment Date: July 30, 2004. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY 4. Arizona Public Service Company Panda Leesburg requests an effective [Docket No. ER04–442–003] date of August 20, 2003. Federal Energy Regulatory Comment Date: July 30, 2004. Commission Take notice that July 1, 2004 Arizona Public Service Company (APS) 9. Panda Midway Power Partners, L.P. submitted for filing revisions to its Open [Docket No. EL02–123–004, et al.] Access Transmission Tariff (OATT) in [Docket No. ER04–996–000] Boston Edison Company, et al., compliance with the Commission’s Take notice that on July 9, 2004, Electric Rate and Corporate Filings order issued June 4, 2004 in Docket No. Panda Midway Power Partners, L.P., ER04–442–002. (Panda Midway), pursuant to 18 CFR July 13, 2004. APS states that copies of this letter 35.13 and 131.53 of the Commission’s The following filings have been made have been served on all parties on the Rules and Regulations, submitted for with the Commission. The filings are service list. filing a Notice of Cancellation of Panda Comment Date: July 22, 2004. listed in ascending order within each Midway’s FERC Rate Schedule No.1. docket classification. 5. MidAmerican Energy Company Panda Midway requests an effective date of April 12, 2004. 1. Boston Edison Company [Docket No. ER04–627–001] Comment Date: July 30, 2004. [Docket No. EL02–123–004] Take notice that on July 8, 2004, MidAmerican Energy Company 10. Panda Perkiomen Power, L.P. Take notice that, on July 2, 2004, (MidAmerican), filed a revised [Docket No. ER04–997–000] Boston Edison Company (BECo) Transmission Operating Agreement Take notice that on July 9, 2004, submitted its compliance filing between MidAmerican and Nebraska Panda Perkiomen Power, L.P. (Panda pursuant to the Commission’s Order Public Power District in compliance Perkiomen) pursuant to 18 CFR 35.13 issued June 2, 2004 in Docket No. EL02– with the Commission’s letter order and 131.53 of the Commission’s Rules 123–002, 107 FEC ¶ 61,248. issued May 7, 2004 in Docket No. ER04– and Regulations, submitted for filing a BECo states that Copies of the filing 627–000. MidAmerican states that it has served Notice of Cancellation of Panda were served upon the official service list Perkiomen’s FERC Rate Schedule No. 1. in the above-captioned proceeding and a copy of the filing on the Iowa Utilities Board, the Illinois Commerce Panda Perkiomen requests an effective the affected customers. date of August 20, 2003. Comment Date: July 23, 2004. Commission and the South Dakota Public Utilities Commission. Comment Date: July 30, 2004. 2. Devon Power LLC, Middletown Comment Date: July 29, 2004. 11. Vermont Electric Cooperative, Inc. Power LLC, Montville Power LLC, and 6. MAG Energy Solutions Inc. NRG Power Marketing Inc [Docket No. ER04–998–000] [Docket No. ER04–839–001] [Docket No. ER03–563–040] Take notice that on July 9, 2004, Take notice that on July 6, 2004, MAG Vermont Electric Cooperative, Inc. Take notice that on July 8, 2004, Energy Solutions Inc. (MAG E.S.) (VEC) tendered for filing, pursuant to Middletown Power LLC (Middletown) submitted for filing additional section 205 of the Federal Power Act, and Norwalk Power LLC (Norwalk) information and a revised rate schedule Rate Schedule FERC No. 11 and two tendered for filing revisions to the True- regarding its Petition for Acceptance of Notices of Cancellation of its existing Up Schedules to the Cost-of-Service Initial Rate Schedule, Waivers and First Revised Rate Schedule FERC Nos. Agreements between Middletown and Blanket Authority filed May 13, 2004 in 5 and 7, affecting the terms and Norwalk and ISO New England Inc. Docket No. ER04–839–001. conditions of service to Barton Village, (ISO–NE) filed April 7, 2004 in Docket Comment Date: July 28, 2004. Inc. Electric Department (Barton) and No. ER03–563–032 and amended on 7. Kansas City Power & Light Company the Village of Orleans Electric June 28, 2004 in Docket No. ER03–563– Department (Orleans). VEC requests an 037. [Docket No. ER04–982–000] effective date of April 1, 2004. Middletown and Norwalk state that Take notice that on July 1, 2004, VEC states that copies of the filing they have provided copies of the Kansas City Power & Light Company, were served on Barton, Orleans, Revised True-Up Schedules to ISO–NE (KCPL) submitted for filing a Notice of Vermont Electric Power Company, Inc., and served each person designated on Cancellation of Service Schedules B, D, the Vermont Public Service Board, and the official service list compiled by the E and F to KCPL’s Rate Schedule FERC the Vermont Department of Public Secretary in Docket No. ER03–563. No. 88. Service. KCPL states that it has served a notice Comment Date: July 29, 2004. Comment Date: July 30, 2004. of the proposed cancellation on 3. New York Independent System Missouri Public Service Commission, 12. LG&E Westmoreland Rensselaer Operator Inc. Kansas Corporation Commission and [Docket No. ER04–999–000] [Docket No. ER03–836–005] The Empire District Electric Company. Comment Date: July 22, 2004. Take notice that on July 8, 2004, Take notice that on July 8, 2004, New LG&E Westmoreland Rensselaer (LG&E York Independent System Operator Inc. 8. Panda Leesburg Power Partners, L.P. Westmoreland) tendered for filing, in (NYISO) tendered for filing its third and [Docket No. ER04–995–000] accordance with 18 CFR 35.15 of the 10-Minute Non-Synchronous Reserve Take notice that on July 9, 2004, Commission’s Rules and Regulations, a Market Report (Report). NYISO states Panda Leesburg Power Partners, L.P., Notice of Cancellation of its Rate that the Report is in response to (Panda Leesburg), pursuant to 18 CFR Schedule FERC No. 1, Revision No. 1, Commission’s order issued July 1, 2003 35.13 and 131.53 of the Commission’s and all supplements thereto. LG&E Conditionally Accepting Proposed Tariff Rules and Regulations, submitted for Westmoreland requests an effective date Revisions in Docket No. ER03–836–000. filing a Notice of Cancellation of Panda of July 1, 2004. Comment Date: July 29, 2004. Leesburg’s FERC Rate Schedule No. 1. Comment Date: July 29, 2004.

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Standard Paragraph via the Internet in lieu of paper; see 18 Commission) will prepare an Any person desiring to intervene or to CFR 385.2001(a)(1)(iii) and the environmental impact statement (EIS) protest this filing should file with the instructions on the Commission’s Web on the El Paso Pipeline Group, Western Federal Energy Regulatory Commission, site under the ‘‘e-Filing’’ link. The Pipeline’s (El Paso) planned Piceance 888 First Street, NE., Washington, DC Commission strongly encourages Basin Expansion Project in 20426, in accordance with Rules 211 electronic filings. northwestern Colorado and south- and 214 of the Commission’s Rules of Magalie R. Salas, central Wyoming. This notice Practice and Procedure (18 CFR 385.211 Secretary. announces the opening of the scoping and 385.214). Protests will be [FR Doc. E4–1613 Filed 7–20–04; 8:45 am] process the Commission will use to considered by the Commission in BILLING CODE 6717–01–P gather input from the public and determining the appropriate action to be interested agencies on the planned taken, but will not serve to make project. Your input will help to protestants parties to the proceeding. DEPARTMENT OF ENERGY determine which issues need to be Any person wishing to become a party evaluated in the EIS. The Commission must file a motion to intervene. All such Federal Energy Regulatory will use the EIS in its decisionmaking motions or protests should be filed on Commission process to determine whether or not to or before the comment date, and, to the [Docket No. PF04-13-000] authorize the project. Please note that extent applicable, must be served on the the scoping period will close on August applicant and on any other person El Paso Pipeline Group, Western 16, 2004. designated on the official service list. Pipelines; Notice of Intent To Prepare This filing is available for review at the an Environmental Impact Statement for Comments may be submitted in Commission or may be viewed on the the Piceance Basin Expansion Project, written form or verbally. Further details Commission’s Web site at http:// Request for Comments on on how to submit written comments are www.ferc.gov, using the ‘‘FERRIS’’ link. Environmental Issues, and Notice of provided in the Public Participation Enter the docket number excluding the Public Scoping Meetings and Route section of this notice. In lieu of sending last three digits in the docket number Inspection written comments, you are invited to filed to access the document. For attend the public scoping meetings assistance, call (202) 502–8222 or TTY, July 14, 2004. scheduled as follows: (202) 502–8659. Protests and The staff of the Federal Energy interventions may be filed electronically Regulatory Commission (FERC or

SCHEDULE FOR PUBLIC SCOPING MEETINGS

Date and time Location

August 3, 2004, at 7 p.m...... Moffat County Commissioner’s Office—Shadow Mountain Facility, 1055 County Road 7, Craig, CO. August 4, 2004, at 7 p.m...... Meeker Community Center—Fairfield Center, 200 Main Street, Meeker, CO. Note that El Paso plans to hold open house meetings to announce its project to the public on the same dates and at the same locations as the FERC public scoping meetings. The open houses will begin at 6:30 p.m.

Public scoping meetings are being constituents of this planned project and Greasewood Compressor Station, and held in the two Colorado counties encourage them to comment on their construction of other appurtenant where the majority of the planned areas of concern. facilities. The proposed pipeline facilities would be located. Because El Summary of the Proposed Project alignment would follow existing Paso’s planned pipeline would be pipeline or utility corridors for about 85 located along the same route in El Paso is planning to construct, own, percent of its length. Wyoming as the planned Entrega and operate a new 143-mile, 24-inch- One of El Paso’s customers would Pipeline Project (PF04-7-000) for which diameter interstate natural gas pipeline need to transport gas between a location scoping was recently concluded, we are that will extend from its existing in the Parachute Valley, Garfield not scheduling an additional public Greasewood Compressor Station near meeting in Wyoming. However, this Meeker in the Piceance Basin of Rio County, Colorado, and the Greasewood should not discourage the submission of Blanco County, Colorado, to its existing Compressor Station. Various transport written comments regarding the Wamsutter Compressor Station in means, including the use of both facilities planned for the Wyoming Sweetwater County near Wamsutter, existing and new facilities, are under portion of El Paso’s project. Wyoming. Here, the new pipeline consideration. However, one option would require construction of a new 36- This notice is being sent to would interconnect with existing mile-long interconnecting pipeline from landowners; Federal, State, and local pipeline systems owned by Wyoming the area of the existing Roan Cliffs Meter government agencies; elected officials; Interstate Company and Colorado Station (north of Parachute) to the environmental and public interest Interstate Gas Company (CIG). This groups; Native American tribes; other project could add at least 350,000 Greasewood Compressor Station. If interested parties; and local libraries decatherms per day of new capacity to constructed, the route of the and newspapers. We 1 urge government transport natural gas from the Western interconnecting pipeline would representatives to notify their Rocky Mountain Region to markets in generally parallel CIG’s existing the midwestern and eastern United Parachute Creek Lateral pipeline. States. Information on an interconnecting 1 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the environmental staff of the FERC’s Office of Energy The project would include the pipeline will be included in the analysis Projects. addition of compression at the presented in the EIS. Construction of

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new interconnecting facilities would be to the proposed action, and on Public Participation the responsibility of the customer. reasonable alternatives. This notice You can make a difference by A map depicting El Paso’s planned formally announces the beginning of the providing us with your specific pipeline route between the Greasewood scoping process and requests agency comments or concerns about the Compressor Station and the Wamsutter and public comments on El Paso’s planned project. Please focus your area, and the interconnecting pipeline planned Piceance Basin Expansion comments on the potential route between the Roan Cliffs Meter Project. All scoping comments received environmental effects, reasonable Station and the Greasewood Compressor will be considered during the alternatives (including alternative Station is provided in appendix 1.2 preparation of the EIS. To ensure your facility sites and pipeline routes), and El Paso plans to place the project in comments are considered, please service by June 2006, with the majority measures to avoid or lessen carefully follow the instructions in the environmental impact. The more of pipeline construction completed by Public Participation section of this the end of 2005. To achieve the initial specific your comments, the more useful notice. they will be. To ensure that your in-service date, El Paso intends to Our independent analysis of El Paso’s request approval to begin construction comments are timely and properly planned project will be included in a recorded, please mail your comments so of the Piceance Basin Expansion draft EIS. The draft EIS will be mailed facilities in August 2005. that they will be received in to Federal, State, and local government Washington, DC on or before August 16, Land Requirements agencies; elected officials; 2004, and carefully follow these environmental and public interest El Paso’s planned pipeline would instructions: groups; Native American tribes; affected • disturb about 1,750 acres of land during Send an original and two copies of construction. Where paralleling another landowners; other interested parties; your letter to: Magalie R. Salas, pipeline, the new pipeline would local libraries and newspapers; and the Secretary, Federal Energy Regulatory typically be located about 50 to 75 feet Commission’s official service list. A 45- Commission, 888 First Street, NE., from the existing pipeline. El Paso plans day comment period will be allotted for Room 1A, Washington, DC 20426; • to use a 100-foot-wide right-of-way review of the EIS. We will consider all Label one copy of your comments (ROW) during construction, and timely comments and revise the for the attention of Gas Branch 1; and • subsequently maintain a 50-foot-wide document, as necessary, before issuing a Reference Docket No. PF04–13 on permanent ROW. The construction final EIS. the original and both copies. ROW would be expanded at special The El Paso’s planned Piceance Basin The public scoping meetings (see page work areas (e.g., steep slopes, major Expansion Project is in the preliminary 1 of this notice) are designed to provide stream crossings). design stage. At this time, specific another opportunity to offer comments Construction of the interconnecting routing and other details are being on the planned project. Interested pipeline would disturb about 450 acres finalized and no formal application has groups and individuals are encouraged during construction, based on a 100- been filed with the FERC. El Paso to attend the meetings and present foot-wide construction ROW. A 50-foot expects to file a formal application with comments on the environmental issues permanent right-of-way would be the FERC in November 2004. Although they believe should be addressed in the requested for this pipeline. we have no formal Certificate EIS. A transcript of the meetings will be application, we are initiating our made so that your comments will be The EIS Process environmental review of El Paso’s accurately recorded. The FERC will be the lead Federal planned project under our NEPA Pre- A docket number (PF04–13–000) has agency for the EIS process, which is Filing Process. The purpose of the been established to place information being conducted to satisfy the FERC’s NEPA Pre-filing Process is to: filed by El Paso, related documents requirements of the National • Establish a framework for issued by the Commission, and public Environmental Policy Act (NEPA). constructive discussion between the scoping comments into the public NEPA requires the Commission to take project proponents, potentially affected record.3 Once a formal application is into account the environmental impacts landowners, agencies, and the filed, the Commission will: that could result from an action Commission staff; • Publish a Notice of Application in whenever it considers the issuance of a • Encourage the early involvement of the Federal Register; Certificate of Public Convenience and • Establish a new docket number; and interested stakeholders to identify • Necessity (Certificate). issues and study needs; and Set a deadline for interested NEPA also requires us to discover and • Attempt to resolve issues early, persons to intervene in the proceeding. Because the Commission’s NEPA Pre- address issues and concerns the public before an application is filed with the Filing Process occurs before an may have about proposals which come FERC. application to begin a proceeding is before the Commission, and to ensure We have already held early officially filed, petitions to intervene those issues and concerns are analyzed discussions with the U.S. Department of during this process are premature and in the EIS. This process is referred to as the Interior’s Bureau of Land will not be accepted by the Commission. ‘‘scoping.’’ The goal of the scoping Management, which has agreed to assist The Commission encourages process is to focus the analysis in the us in the preparation of the EIS as a electronic filing of comments. See 18 EIS on the important and potentially cooperating agency to satisfy its NEPA CFR 385.2001(a)(1)(iii) and the significant environmental issues related responsibilities. By this notice, we are instructions on the Commission’s asking other Federal, State, and local 2 Internet Web site at http://www.ferc.gov The appendices referenced in this notice are not agencies with jurisdiction and/or being printed in the Federal Register. Copies are under the ‘‘eFiling’’ link and the link to special expertise with respect to available on the Commission’s Internet Web site the User’s Guide. Prepare your http://www.ferc.gov) at the ‘‘eLibrary’’ link or from environmental issues to formally submission in the same manner as you the Commission’s Public Reference Room at (202) cooperate with us, too. Agencies that 502–8371. For instructions on connecting to eLibrary, refer to the end of this notice. Copies of would like to request cooperating status 3 To view information in the docket, follow the the appendices are being sent to all those receiving should follow the instructions for filing instructions for using the eLibrary link in this notice in the mail. comments provided below. Availability of Additional Information, below.

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would if filing on paper and save it to This fact sheet addresses a number of in conjunction with its NEPA scoping a file on your hard drive. Before you can typically asked questions, including the meeting. Subsequently, the Commission file comments you will need to create a use of eminent domain and how to encourages all interested parties to free account by clicking on ‘‘Login to participate in the Commission’s participate in this site visit to ensure a File’’ and then ‘‘New User Account.’’ proceedings. productive scoping meeting early next You will be asked to select the type of El Paso has initiated a Public year. Details of the site visit follow: filing you are making. This filing is Participation Plan to provide a means of Date and Time: August 27, 2004 at 11 a.m. considered a ‘‘Comment on Filing.’’ communication for participating (PST). stakeholders. A toll-free number has Route Inspection Location: Packwood Lake Project’s been established for communicating Powerhouse, 179 Powerhouse Road, Concurrent with the public scoping with El Paso regarding this project (Mr. Packwood, WA. meetings (August 3 and 4, 2004), we David R. Anderson, Land Department Transportation will be provided from will also be conducting an inspection of Manager, 1–877–598–5263). Also, the powerhouse to the reservoir. Due to the route and locations of aboveground contacts and information requests can the remote location of the reservoir, facilities associated with El Paso’s be made by e-mail directly to El Paso at some hiking will be involved planned project. This inspection will [email protected]. Finally, (approximately 2 miles). Please dress include both aerial and ground El Paso plans to establish a Web site for accordingly. Additionally, it is components. Anyone interested in this project by the end of July 2004. The recommended that parties interested in participating in the inspection activities Web site will include a list of public attending bring a bag lunch. may contact the FERC’s Office of repositories along the planned route If you are planning to attend the site External Affairs (identified below) for where all maps and Federal applications visit or require further information or more details and must provide their are available for inspection, frequently directions, please contact Ms. Laura own transportation. asked questions regarding the planned Schinnell of Energy Northwest at: (509) Environmental Mailing List project, and other useful information. El 372–5123 or via e-mail at: Paso’s Web site will be: http:// [email protected]. If you wish to remain on our mailing www.elpaso.com. list to receive any additional Magalie R. Salas, Magalie R. Salas, environmental notices and copies of the Secretary. Secretary. draft and final EIS, it is important that [FR Doc. E4–1618 Filed 7–20–04; 8:45 am] you return the Return Mailer (appendix [FR Doc. E4–1621 Filed 7–20–04; 8:45 am] BILLING CODE 6717–01–P 2) attached to this notice. If you do not BILLING CODE 6717–01–P return the mailer, you will be removed from our mailing list. DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Availability of Additional Information Southwestern Power Administration Additional information about the Federal Energy Regulatory planned project is available from the Commission Sam Rayburn Dam Power Rate Commission’s Office of External Affairs, [Project No. 2244—Washington] at 1–866–208–FERC (3372) or on the AGENCY: Southwestern Power Administration, DOE. FERC Internet Web site (http:// Energy Northwest; Notice of Site Visit www.ferc.gov) using the eLibrary link. ACTION: Notice of public review and Click on the eLibrary link, click on July 13, 2004. comment. ‘‘General Search’’ and enter the docket Energy Northwest, Licensee for the number (i.e., PF04–13–000) excluding Packwood Lake Hydroelectric Project SUMMARY: The Administrator, the last three digits in the Docket (FERC No. 2244), will be hosting a site Southwestern Power Administration Number field. Be sure you have selected visit for the project on August 27, 2004. (Southwestern), has prepared Current an appropriate date range. For The site visit is being conducted to and Revised 2004 Power Repayment assistance, please contact FERC Online provide all parties interested in the Studies that show the need for an Support at Project’s relicensing an opportunity to increase in annual revenues to meet cost [email protected] or toll view the project’s facilities and recovery criteria. Such increased free at 1–866–208–3676, or for TTY, surrounding area. Commission staff will revenues are required primarily due to contact (202) 502–8659. be attending the site visit and providing increased future estimates of operations The Commission now offers a free an overview of the Commission’s and maintenance expenses at the service called eSubscription that allows Integrated Licensing Process (ILP), the project. The Administrator has you to keep track of all formal issuances process Energy Northwest is currently developed a proposed Sam Rayburn and submittals in specific dockets. This pursuing for the licensing of the project. Dam rate schedule, which is supported can reduce the amount of time you Under the ILP, the Commission by a power repayment study, to recover spend researching proceedings by conducts its National Environmental the required revenues. Beginning automatically providing you with Policy Act (NEPA) scoping meeting January 1, 2005, the proposed rate notification of these filings, document within 90 days of the filing of the would increase annual revenues 24.9 summaries, and direct links to the Licensee’s Notice of Intent. A site visit percent from $2,013,024 to $2,513,700. documents. To register for this service, is typically held in conjunction with DATES: The consultation and comment go to http://www.ferc.gov/ that scoping meeting. However, access period will begin on the date of esubscribenow.htm. to some project facilities may be limited publication of this Federal Register In addition, a fact sheet prepared by by winter weather during the early part notice and will end October 19, 2004. the FERC entitled ‘‘An Interstate Natural of the year when scoping for this project 1. Public Information Forum—July 27, Gas Facility On My Land? What Do I is currently planned, in 2005. For this 2004, 1 p.m. central time, Tulsa, OK. Need To Know?’’ is available for reason, it is unlikely that the 2. Public Comment Forum—August viewing on the FERC Internet Web site. Commission will host its own site visit 26, 2004, 9 a.m. central time, Tulsa, OK.

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ADDRESSES: If requested, the forums will without an increase in revenues. The 19, 2004, their intent to appear at such be held in Southwestern’s offices, Room need for increased revenues is primarily Forum. Should no one so indicate an 1500, Williams Center Tower I, One due to increased future estimates of intent to attend by the above-cited West Third Street, Tulsa, Oklahoma Operation and Maintenance (O&M) deadline, no such Forum will be held. 74103. power-related expenses for the U.S. Persons interested in speaking at the FOR FURTHER INFORMATION CONTACT: Mr. Army Corps of Engineers. The Revised Forum should submit a request to the Forrest E. Reeves, Assistant Power Repayment Study shows that an Administrator, Southwestern, in writing Administrator, Office of Corporate increase in annual revenue of $500,676 by August 19, 2004, their intent to Operations, Southwestern Power (a 24.9 percent increase), beginning appear at such Forum, so that a list of Administration, U.S. Department of January 1, 2005, is needed to satisfy speakers can be developed. The Energy, One West Third Street, Tulsa, repayment criteria. chairman may allow others to speak if Oklahoma 74103, (918) 595–6696, Opportunity is presented for time permits. [email protected]. Southwestern customers and other A transcript of each Forum will be interested parties to receive copies of made. Copies of the transcripts may be SUPPLEMENTARY INFORMATION: The U.S. the Sam Rayburn Dam Power obtained directly from the transcribing Department of Energy was created by an Repayment Studies and the proposed service for a fee. Copies of all Act of the U.S. Congress, in the rate schedule. Persons desiring a copy of documents introduced will also be Department of Energy Organization Act, the Power Repayment Data Package available from the transcribing service Public Law 95–91, dated August 4, with the proposed Rate Schedule, for a fee. A copy of the written 1977. Southwestern’s power marketing should submit a request to Mr. James W. comments, together with a diskette in activities were transferred from the Sherwood, Director, Rates and MS Word, regarding the proposed rate Department of Interior to the Repayment, Office of Corporate change are due on or before October 19, Department of Energy, effective October Operations, Southwestern Power 2004. Comments should be submitted to 1, 1977. Guidelines for preparation of Administration, One West Third Street, Forrest E. Reeves, Assistant power repayment studies are included Tulsa, OK 74103, (918) 595–6673 or via Administrator, Southwestern Power in DOE Order No. RA 6120.2, Power e-mail to [email protected]. Administration, U.S. Department of Marketing Administration Financial A Public Information Forum is Energy, One West Third Street, Tulsa, Reporting. Procedures for Public scheduled on July 27, 2004, to explain Oklahoma, 74103. Participation in Power and to customers and the public the Following review of the oral and Transmission Rate Adjustments of the proposed rate and supporting studies. written comments and the information Power Marketing Administrations are The proceeding will be transcribed, if gathered during the course of the found at title 10, part 903, subpart A of held. A chairman, who will be proceedings, the Administrator will the Code of Federal Regulations (10 CFR responsible for orderly procedure, will submit the amended Sam Rayburn Dam 903). conduct the Forum. Questions Proposal, and Power Repayment Studies Southwestern markets power from 24 concerning the rate, studies, and multi-purpose reservoir projects, with in support of the proposed rate to the information presented at the Forum will Deputy Secretary of Energy for hydroelectric power facilities be answered, to the extent possible, at constructed and operated by the U.S. confirmation and approval on an the Forum. Questions not answered at interim basis, and subsequently to the Army Corps of Engineers. These projects the Forum will be answered in writing. are located in the states of Arkansas, Federal Energy Regulatory Commission However, questions involving (FERC) for confirmation and approval Missouri, Oklahoma, and Texas. voluminous data contained in Southwestern’s marketing area includes on a final basis. The FERC will allow Southwestern’s records may best be the public an opportunity to provide these States as well as Kansas and answered by consultation and review of Louisiana. The costs associated with the written comments on the proposed rate pertinent records at Southwestern’s increase before making a final decision. hydropower facilities of 22 of the 24 offices. projects are repaid via revenues Persons interested in attending the Dated: July 8, 2004. received under the Integrated System Public Information Forum should so Michael A. Deihl, rates, as are Southwestern’s indicate in writing by letter or facsimile Administrator. transmission facilities that consist of transmission (918–595–6656) by July 23, [FR Doc. 04–16584 Filed 7–20–04; 8:45 am] 1,380 miles of high-voltage transmission 2004, their intent to appear at such BILLING CODE 6450–01–P lines, 24 substations, and 46 microwave Forum. Should no one indicate an and VHF radio sites. Costs associated intent to attend by the above-cited with the Robert D. Willis and Sam deadline, no such Forum will be held. ENVIRONMENTAL PROTECTION Rayburn Dams, two projects that are A Public Comment Forum is AGENCY isolated hydraulically, electrically, and scheduled for August 26, 2004, at which financially from the Integrated System interested persons may submit written [OPP–2004–0196; FRL–7366–1] are repaid by separate rate schedules. comments or make oral presentations of The Sam Rayburn Dam project is their views and comments related to the Pesticide Products; Registration addressed in this notice. rate proposal. The proceeding will be Applications Following Department of Energy transcribed, if held. A chairman, who AGENCY: Environmental Protection guidelines, the Administrator, will be responsible for orderly Agency(EPA). Southwestern, prepared a Current procedure, will conduct the Forum. ACTION: Notice. Power Repayment study using the Southwestern’s representatives present existing Sam Rayburn Dam rate. The and the chairman may ask questions of SUMMARY: This notice announces receipt Study indicates that Southwestern’s the speakers. of applications to register pesticide legal requirement to repay the Persons interested in attending the products containing new active investment in the power generating Public Comment Forum should so ingredients not included in any facility for power and energy marketed indicate in writing by letter or facsimile previously registered products pursuant by Southwestern will not be met transmission (918–595–6656) by August to the provisions of section 3(c)(4) of the

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Federal Insecticide, Fungicide, and restricted by statute. The official public identifies a comment containing Rodenticide Act (FIFRA), as amended. docket is the collection of materials that copyrighted material, EPA will provide DATES: Written comments, identified by is available for public viewing at the a reference to that material in the the docket ID number OPP–2004–0196, Public Information and Records version of the comment that is placed in must be received on or before August Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The 20, 2004. Crystal Mall #2, 1801 S. Bell St., entire printed comment, including the ADDRESSES: Comments may be Arlington, VA. This docket facility is copyrighted material, will be available submitted electronically, by mail, or open from 8:30 a.m. to 4 p.m., Monday in the public docket. Public comments submitted on through hand delivery/courier. Follow through Friday, excluding legal computer disks that are mailed or the detailed instructions as provided in holidays. The docket telephone number is (703) 305–5805. delivered to the docket will be Unit I. of the SUPPLEMENTARY 2. Electronic access. You may access transferred to EPA’s electronic public INFORMATION. this Federal Register document docket. Public comments that are FOR FURTHER INFORMATION CONTACT: electronically through the EPA Internet mailed or delivered to the Docket will Thomas Harris, Registration Division under the ‘‘Federal Register’’ listings at be scanned and placed in EPA’s (7505C), Office of Pesticide Programs, http://www.epa.gov/fedrgstr/. electronic public docket. Where Environmental Protection Agency, 1200 An electronic version of the public practical, physical objects will be Pennsylvania Ave., NW., Washington, docket is available through EPA’s photographed, and the photograph will DC 20460–0001; telephone number: electronic public docket and comment be placed in EPA’s electronic public (703) 308–9423; e-mail address: system, EPA Dockets. You may use EPA docket along with a brief description [email protected]. Dockets at http://www.epa.gov/edocket/ written by the docket staff. to submit or view public comments, SUPPLEMENTARY INFORMATION: access the index listing of the contents C. How and To Whom Do I Submit I. General Information of the official public docket, and to Comments? access those documents in the public You may submit comments A. Does this Action Apply to Me? docket that are available electronically. electronically, by mail, or through hand You may be potentially affected by Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper this action if you are an then key in the appropriate docket ID receipt by EPA, identify the appropriate agriculturalproducer, food number. docket ID number in the subject line on manufacturer, or pesticide Certain types of information will not the first page of your comment. Please manufacturer. Potentially affected be placed in the EPA Dockets. ensure that your comments are entities may include, but are not limited Information claimed as CBI and other submitted within the specified comment to: information whose disclosure is period. Comments received after the • Crop production (NAICS 111) restricted by statute, which is not close of the comment period will be • Animal production (NAICS 112) included in the official public docket, marked ‘‘late.’’ EPA is not required to • Food manufacturing (NAICS 311) will not be available for public viewing consider these late comments. If you • Pesticide manufacturing (NAICS in EPA’s electronic public docket. EPA’s wish to submit CBI or information that 32532) policy is that copyrighted material will is otherwise protected by statute, please This listing is not intended to be not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do exhaustive, but rather provides a guide docket but will be available only in not use EPA Dockets or e-mail to submit for readers regarding entities likely to be printed, paper form in the official public CBI or information protected by statute. affected by this action. Other types of docket. To the extent feasible, publicly 1. Electronically. If you submit an entities not listed in this unit could also available docket materials will be made electronic comment as prescribed in this be affected. The North American available in EPA’s electronic public unit, EPA recommends that you include Industrial Classification System docket. When a document is selected your name, mailing address, and an e- (NAICS) codes have been provided to from the index list in EPA Dockets, the mail address or other contact assist you and others in determining system will identify whether the information in the body of your whether this action might apply to document is available for viewing in comment. Also include this contact certain entities. If you have any EPA’s electronic public docket. information on the outside of any disk questions regarding the applicability of Although not all docket materials may or CD ROM you submit, and in any this action to a particular entity, consult be available electronically, you may still cover letter accompanying the disk or the person listed under FOR FURTHER access any of the publicly available CD ROM. This ensures that you can be INFORMATION CONTACT. docket materials through the docket identified as the submitter of the facility identified in Unit I.B.1. EPA comment and allows EPA to contact you B. How Can I Get Copies of this intends to work towards providing in case EPA cannot read your comment Document and Other Related electronic access to all of the publicly due to technical difficulties or needs Information? available docket materials through further information on the substance of 1. Docket. EPA has established an EPA’s electronic public docket. your comment. EPA’s policy is that EPA official public docket for this action For public commenters, it is will not edit your comment, and any under docket identification (ID) number important to note that EPA’s policy is identifying or contact information OPP–2004–0196. The official public that public comments, whether provided in the body of a comment will docket consists of the documents submitted electronically or in paper, be included as part of the comment that specifically referenced in this action, will be made available for public is placed in the official public docket, any public comments received, and viewing in EPA’s electronic public and made available in EPA’s electronic other information related to this action. docket as EPA receives them and public docket. If EPA cannot read your Although a part of the official docket, without change, unless the comment comment due to technical difficulties the public docket does not include contains copyrighted material, CBI, or and cannot contact you for clarification, Confidential Business Information (CBI) other information whose disclosure is EPA may not be able to consider your or other information whose disclosure is restricted by statute. When EPA comment.

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i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside Drive, Research Triangle Park, NC electronic public docket to submit of the disk or CD ROM as CBI and then 277709. Product Name: Spiromesifen comments to EPA electronically is identify electronically within the disk or Technical. Active Ingredient: EPA’s preferred method for receiving CD ROM the specific information that is Spiromesifen at 97%. Proposed comments. Go directly to EPA Dockets CBI). Information so marked will not be classification/Use: Formulation into at http://www.epa.gov/edocket/, and disclosed except in accordance with insecticide/miticide; for application to follow the online instructions for procedures set forth in 40 CFR part 2. certain food and feed crops and submitting comments. Once in the In addition to one complete version of ornamental plants. system, select ‘‘search,’’ and then key in the comment that includes any 2. File Symbol: 264–TRO. Applicant: docket ID number OPP–2004–0196. The information claimed as CBI, a copy of Bayer CropScience. Product Name: system is an ‘‘anonymous access’’ the comment that does not contain the Oberon 2SC. Insecticide/Miticide. system, which means EPA will not information claimed as CBI must be Active Ingredient: Spiromesifen at know your identity, e-mail address, or submitted for inclusion in the public 24.0%. Proposed classification/Use: For other contact information unless you docket and EPA’s electronic public application on strawberry; vegetable, provide it in the body of your comment. docket. If you submit the copy that does tuberous and corm (crop subgroup 1C); ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, vegetables, leafy greens (except e-mail to [email protected], mark the outside of the disk or CD ROM Brassica) (crop subgroup 4A); Attention: Docket ID Number OPP– clearly that it does not contain CBI. vegetables, Brassica (crop group 5); 2004–0196. In contrast to EPA’s Information not marked as CBI will be vegetables, fruiting (except Cucurbits) electronic public docket, EPA’s e-mail included in the public docket and EPA’s (crop group 8); vegetables, Cucurbit system is not an ‘‘anonymous access’’ electronic public docket without prior (crop group 9); cotton; and corn, field. system. If you send an e-mail comment notice. If you have any questions about 3. File Symbol: 432–RETO. Applicant: directly to the docket without going CBI or the procedures for claiming CBI, Bayer Environmental Science, 95 through EPA’s electronic public docket, please consult the person listed under Chesnut Ridge Rd., Montvale, NJ 07645. EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. Product Name: Forbid 4F. Insecticide/ captures your e-mail address. E-mail E. What Should I Consider as I Prepare Miticide. Active Ingredient: addresses that are automatically My Comments for EPA? Spiromesifen at 45.2%. Proposed captured by EPA’s e-mail system are classification/Use: For application to You may find the following included as part of the comment that is outdoor ornamental plants. placed in the official public docket, and suggestions helpful for preparing your 4. File Symbol: 432–REIN. Applicant: made available in EPA’s electronic comments: Bayer Environmental Science. Product 1. Explain your views as clearly as public docket. Name: BSN 2060 480SC. Insecticide/ possible. iii. Disk or CD ROM. You may submit Miticide. Active Ingredient: comments on a disk or CD ROM that 2. Describe any assumptions that you used. Spiromesifen at 45.2%. Proposed you mail to the mailing address classification/Use: For application to identified in Unit I.C.2. These electronic 3. Provide copies of any technical information and/or data you used that ornamental plants in greenhouse, shade submissions will be accepted in house, or nursery settings. WordPerfect or ASCII file format. Avoid support your views. 4. If you estimate potential burden or the use of special characters and any List of Subjects costs, explain how you arrived at the form of encryption. Environmental protection, Pesticides 2. By mail. Send your comments to: estimate that you provide. 5. Provide specific examples to and pest. Public Information and Records illustrate your concerns. Integrity Branch (PIRIB) (7502C), Office Dated: July 7, 2004. 6. Offer alternative ways to improve Betty Shackleford, of Pesticide Programs (OPP), the registration activity. Environmental Protection Agency, 1200 Acting Director, Registration Division, Office 7. Make sure to submit your of Pesticide Programs. Pennsylvania Ave., NW., Washington, comments by the deadline in this DC 20460–0001, Attention: Docket ID notice. [FR Doc. 04–16215 Filed 7–20–04; 8:45 am] Number OPP–2004–0196. 8. To ensure proper receipt by EPA, BILLING CODE 6560–50–S 3. By hand delivery or courier. Deliver be sure to identify the docket ID number your comments to: Public Information assigned to this action in the subject and Records Integrity Branch (PIRIB), line on the first page of your response. ENVIRONMENTAL PROTECTION Office of Pesticide Programs (OPP), You may also provide the name, date, AGENCY Environmental Protection Agency, Rm. and Federal Register citation. [OPP–2004–0194; FRL–7367–9] 119, Crystal Mall #2, 1801 S. Bell St., II. Registration Applications Arlington, VA, Attention: Docket ID Ziram; Availability of Reregistration Number OPP–2004–0196. Such EPA received applications as follows Eligibility Decision Documents for deliveries are only accepted during the to register pesticide products containing Comment docket’s normal hours of operation as active ingredients not included in any identified in Unit I.B.1. previously registered products pursuant AGENCY: Environmental Protection Agency (EPA). D. How Should I Submit CBI to the to the provision of section 3(c)(4) of FIFRA. Notice of receipt of these ACTION Agency? : Notice. applications does not imply a decision Do not submit information that you by the Agency on the applications. SUMMARY: This notice announces consider to be CBI electronically availability and starts a 60-day public through EPA’s electronic public docket Products Containing Active Ingredients comment period on the Reregistration or by e-mail. You may claim not Included in any Previously Eligibility Decision (RED) documents for information that you submit to EPA as Registered Products the pesticide active ingredient ziram. CBI by marking any part or all of that 1. File Symbol: 264–TRI. Applicant: The RED represents EPA’s formal information as CBI (if you submit CBI Bayer CropScience, 2 TW Alexander regulatory assessment of the health and

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environmental data base of the subject The official public docket is the docket as EPA receives them and chemical and presents the Agency’s collection of materials that is available without change, unless the comment determination regarding which for public viewing at the Public contains copyrighted material, CBI, or pesticidal uses are eligible for Information and Records Integrity other information whose disclosure is reregistration. Branch (PIRIB), Rm. 119, Crystal Mall restricted by statute. When EPA DATES: Comments, identified by docket #2, 1801 South Bell St., Arlington, VA. identifies a comment containing identification (ID) number OPP–2004– This docket facility is open from 8:30 copyrighted material, EPA will provide 0194, must be received on or before a.m. to 4 p.m., Monday through Friday, a reference to that material in the September 20, 2004. excluding legal holidays. The docket version of the comment that is placed in telephone number is (703) 305–5805. EPA’s electronic public docket. The ADDRESSES: Comments may be 2. Electronic access. You may access entire printed comment, including the submitted electronically, by mail, or this Federal Register document copyrighted material, will be available through hand delivery/courier. Follow electronically through the EPA Internet in the public docket. the detailed instructions as provided in under the ‘‘Federal Register’’ listings at Public comments submitted on Unit I. of the SUPPLEMENTARY http://www.epa.gov/fedrgstr/. To access computer disks that are mailed or INFORMATION. RED documents and RED fact sheets delivered to the docket will be FOR FURTHER INFORMATION CONTACT: electronically, go directly to the REDs transferred to EPA’s electronic public Amaris Johnson, Special Review and table on the EPA Office of Pesticide docket. Public comments that are Reregistration Division (7508C), Office Programs Home Page, at http:// mailed or delivered to the docket will be of Pesticide Programs, Environmental www.epa.gov/pesticides/reregistration/ scanned and placed in EPA’s electronic Protection Agency, 1200 Pennsylvania status.htm/. public docket. Where practical, physical Ave., NW., Washington, DC 20460– An electronic version of the public objects will be photographed, and the 0001; telephone number: (703) 305– docket is available through EPA’s photograph will be placed in EPA’s 9542; e-mail electronic public docket and comment electronic public docket along with a address:[email protected]. system, EPA Dockets. You may use EPA brief description written by the docket For technical questions on this RED Dockets at http://www.epa.gov/edocket/ staff. (Case no. 2180), contact Amaris to submit or view public comments, access the index listing of the contents C. How and to Whom Do I Submit Johnson, Chemical Review Manager. Comments? SUPPLEMENTARY INFORMATION: of the official public docket, and to access those documents in the public You may submit comments I. General Information docket that are available electronically. electronically, by mail, or through hand delivery/courier. To ensure proper A. Does this Action Apply to Me? Once in the system, select ‘‘search,’’ then key in the appropriate docket ID receipt by EPA, identify the appropriate This action is directed to the public number. docket ID number in the subject line on in general. This action may, however, be Certain types of information will not the first page of your comment. Please of interest to persons who are or may be be placed in the EPA Dockets. ensure that your comments are required to conduct testing of chemical Information claimed as CBI and other submitted within the specified comment substances under the Federal information whose disclosure is period. Comments received after the Insecticide, Fungicide, and Rodenticide restricted by statute, which is not close of the comment period will be Act (FIFRA) or the Federal Food, Drug, included in the official public docket, marked ‘‘late.’’ EPA is not required to and Cosmetic Act (FFDCA); will not be available for public viewing consider these late comments. If you environmental, human health, and in EPA’s electronic public docket. EPA’s wish to submit CBI or information that agricultural advocates; pesticides users; policy is that copyrighted material will is otherwise protected by statute, please and members of the public interested in not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do the use of pesticides. Since other docket but will be available only in not use EPA Dockets or e-mail to submit entities may also be interested, the printed, paper form in the official public CBI or information protected by statute. Agency has not attempted to describe all docket. To the extent feasible, publicly 1. Electronically. If you submit an the specific entities that may be affected available docket materials will be made electronic comment as prescribed in this by this action. If you have any questions available in EPA’s electronic public unit, EPA recommends that you include regarding the applicability of this action docket. When a document is selected your name, mailing address, and an e- to a particular entity, consult the person from the index list in EPA Dockets, the mail address or other contact listed under FOR FURTHER INFORMATION system will identify whether the information in the body of your CONTACT. document is available for viewing in comment. Also include this contact EPA’s electronic public docket. information on the outside of any disk B. How Can I Get Copies of this Although not all docket materials may or CD ROM you submit, and in any Document and Other Related be available electronically, you may still cover letter accompanying the disk or Information? access any of the publicly available CD ROM. This ensures that you can be 1. Docket. EPA has established an docket materials through the docket identified as the submitter of the official public docket for this action facility identified in Unit I.B.1. EPA comment and allows EPA to contact you under docket ID number OPP–2004– intends to work towards providing in case EPA cannot read your comment 0194. The official public docket consists electronic access to all of the publicly due to technical difficulties or needs of the documents specifically referenced available docket materials through further information on the substance of in this action, any public comments EPA’s electronic public docket. your comment. EPA’s policy is that EPA received, and other information related For public commenters, it is will not edit your comment, and any to this action. Although a part of the important to note that EPA’s policy is identifying or contact information official docket, the public docket does that public comments, whether provided in the body of a comment will not include Confidential Business submitted electronically or in paper, be included as part of the comment that Information (CBI) or other information will be made available for public is placed in the official public docket, whose disclosure is restricted by statute. viewing in EPA’s electronic public and made available in EPA’s electronic

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public docket. If EPA cannot read your through EPA’s electronic public docket meet current scientific and regulatory comment due to technical difficulties or by e-mail. You may claim standards. The data base to support the and cannot contact you for clarification, information that you submit to EPA as reregistration of the chemical listed in EPA may not be able to consider your CBI by marking any part or all of that this document is substantially complete, comment. information as CBI (if you submit CBI and the pesticide’s risks have been i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside mitigated so that it will not pose electronic public docket to submit of the disk or CD ROM as CBI and then unreasonable risks to people or the comments to EPA electronically is identify electronically within the disk or environment when used according to its EPA’s preferred method for receiving CD ROM the specific information that is approved labeling. In addition, EPA is comments. Go directly to EPA Dockets CBI). Information so marked will not be reevaluating existing pesticides and at http://www.epa.gov/edocket/, and disclosed except in accordance with follow the online instructions for reassessing tolerances under the Food procedures set forth in 40 CFR part 2. Quality Protection Act (FQPA) of 1996. submitting comments. Once in the In addition to one complete version of The pesticide included in this notice system, select ‘‘search,’’ and then key in the comment that includes any also has been found to meet the FQPA docket ID number OPP–2004–0194. The information claimed as CBI, a copy of system is an ‘‘anonymous access’’ the comment that does not contain the safety standard. system, which means EPA will not information claimed as CBI must be All registrants of pesticide products know your identity, e-mail address, or submitted for inclusion in the public containing the active ingredient listed in other contact information unless you docket and EPA’s electronic public this document will be sent the provide it in the body of your comment. docket. If you submit the copy that does appropriate RED, and must respond to ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, labeling requirements and product e-mail to [email protected], mark the outside of the disk or CD ROM specific data requirements (if Attention: Docket ID Number OPP– clearly that it does not contain CBI. applicable) within 8 months of receipt. 2004–0194. In contrast to EPA’s Information not marked as CBI will be Products also containing other pesticide electronic public docket, EPA’s e-mail included in the public docket and EPA’s system is not an ‘‘anonymous access’’ active ingredients will not be electronic public docket without prior reregistered until those other active system. If you send an e-mail comment notice. If you have any questions about directly to the docket without going ingredients are determined to be eligible CBI or the procedures for claiming CBI, for reregistration. through EPA’s electronic public docket, please consult the person listed under EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. The reregistration program is being captures your e-mail address. E-mail conducted under Congressionally addresses that are automatically E. What Should I Consider as I Prepare mandated time frames, and EPA captured by EPA’s e-mail system are My Comments for EPA? recognizes both the need to make timely included as part of the comment that is You may find the following reregistration decisions and to involve placed in the official public docket, and suggestions helpful for preparing your the public. Therefore, EPA is issuing made available in EPA’s electronic comments: this RED as final document with a 60- public docket. 1. Explain your views as clearly as day comment period. Although the 60- iii. Disk or CD ROM. You may submit possible. day public comment period does not comments on a disk or CD ROM that 2. Describe any assumptions that you affect the registrant’s response due date, you mail to the mailing address used. it is intended to provide an opportunity identified in Unit I.C.2. These electronic 3. Provide copies of any technical for public input and a mechanism for submissions will be accepted in information and/or data you used that initiating any necessary amendments to WordPerfect or ASCII file format. Avoid support your views. the use of special characters and any the RED. If any comment significantly 4. If you estimate potential burden or affects a RED, EPA will amend the RED form of encryption. costs, explain how you arrived at the 2. By mail. Send your comments to: by publishing the amendment in the estimate that you provide. Federal Register. Public Information and Records 5. Provide specific examples to Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. B. What is the Agency’s Authority for of Pesticide Programs (OPP), 6. Offer alternative ways to improve Taking this Action? Environmental Protection Agency, 1200 the notice or collection activity. Pennsylvania Ave., NW., Washington, 7. Make sure to submit your The legal authority for REDs falls DC 20460–0001, Attention: Docket ID comments by the deadline in this under FIFRA, as amended in 1988 and Number OPP–2004–0194. document. 1996. Section 4(g)(2)(A) of FIFRA 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, directs that, after submission of all data your comments to: Public Information be sure to identify the docket ID number concerning a pesticide active ingredient, and Records Integrity Branch (PIRIB), assigned to this action in the subject ‘‘the Administrator shall determine Office of Pesticide Programs (OPP), line on the first page of your response. whether pesticides containing such Environmental Protection Agency, Rm. You may also provide the name, date, active ingredient are eligible for 119, Crystal Mall #2, 1801 South Bell and Federal Register citation. reregistration,’’ before calling in product St., Arlington, VA, Attention: Docket ID Number OPP–2004–0194. Such II. Background specific data on individual end-use products, and either reregistering deliveries are only accepted during the A. What Action is the Agency Taking? docket’s normal hours of operation as products or taking ‘‘other appropriate identified in Unit I.B.1. The Agency has issued a RED for the regulatory action.’’ pesticide active ingredient listed in this D. How Should I Submit CBI to the document. Under FIFRA, as amended in List of Subjects Agency? 1988, EPA is conducting an accelerated Do not submit information that you reregistration program to reevaluate Environmental protection, Chemicals, consider to be CBI electronically existing pesticides to make sure they Pesticides and pests.

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Dated: July 6, 2004. Smith at (202) 418–0217 or via the FOR FURTHER INFORMATION CONTACT: Debra Edwards, Internet at [email protected]. Arlene Alexander, (202) 418–0581 Director, Special Review and Reregistration SUPPLEMENTARY INFORMATION: OMB (voice), (202) 418–0183 (TTY), or e-mail Division, Office of Pesticide Programs. Control Number: 3060–0500. [email protected]. [FR Doc. 04–16572 Filed 7–20–04; 8:45 am] Title: Section 76.1713, Resolution of SUPPLEMENTARY INFORMATION: This is a BILLING CODE 6560–50–S Complaints. summary of the Commission’s Public Form Number: N/A. Notice, DA 04–1978 released June 30, Type of Review: Extension of a 2004. currently approved collection. This designation or updated FEDERAL COMMUNICATIONS Respondents: Business or other for- designation information may be sent to COMMISSION profit entities. the Commission via e-mail to Number of Respondents: 10,400. [email protected] or you can Notice of Public Information Estimated Time per Response: 18 mail 1 copy only to: Federal Collection(s) Being Reviewed by the hours. Communications Commission, 445 12th Federal Communications Commission, Frequency of Response: Street, SW., Washington, DC 20554 Comments Requested Recordkeeping and Third party Attn: Arlene Alexander, Room 6–A629. disclosure requirements. Contact information for section 255 July 2, 2004. Total Annual Burden: 187,200 hours. SUMMARY: The Federal Communications telecommunications equipment Total Annual Cost: None. manufacturers is posted on the Commission, as part of its continuing Privacy Impact Assessment: No Consumer & Governmental Affairs effort to reduce paperwork burden impact(s). Bureau’s Web site at http://www.fcc.gov/ invites the general public and other Needs and Uses: 47 CFR 76.1713 cgb/dro/section255_manu.html; contact Federal agencies to take this requires cable system operators to information for telecommunications opportunity to comment on the advise subscribers at least once each service providers is posted at http:// following information collection(s), as calendar year of the procedures for www.fcc.gov/cgb/dro/ required by the Paperwork Reduction resolution of complaints about the service_providers.html; and contact Act (PRA) of 1995, Pub. L. 104–13. An quality of television signals delivered. information for affected colleges and agency may not conduct or sponsor a Cable system operators must maintain universities is posted at http:// collection of information unless it records on all such subscriber www.fcc.gov/cgb/dro/ displays a currently valid control complaints and resolution of complaints section255_colleges.html. number. No person shall be subject to for at least a one-year period. The Commission asks that you check any penalty for failing to comply with Federal Communications Commission. a collection of information subject to the this information for accuracy. If the Marlene H. Dortch, Paperwork Reduction Act that does not information is not accurate, current, or display a valid control number. Secretary. non-existent, please e-mail the correct [FR Doc. 04–16605 Filed 7–20–04; 8:45 am] information to Comments are requested concerning (a) _ Whether the proposed collection of BILLING CODE 6712–10–P Section255 [email protected]. information is necessary for the proper The full text of this document and performance of the functions of the filings will be available for public Commission, including whether the FEDERAL COMMUNICATIONS inspection and copying during regular information shall have practical utility; COMMISSION business hours at the FCC Reference Information Center, Portals II, 445 12th (b) the accuracy of the Commission’s [DA 04–1978] burden estimate; (c) ways to enhance Street, SW., Room CY–A257, the quality, utility, and clarity of the The Consumer & Governmental Affairs Washington, DC 20554. These information collected; and (d) ways to Bureau Reminds Telecommunications documents may be purchased from the minimize the burden of the collection of Equipment Manufacturers and Commission’s duplicating contractor, information on the respondents, Telecommunications Service Providers Best Copy and Printing, Inc., Portals II, including the use of automated of Obligation To Designate Agent for 445 12th Street, SW., Room CY–B402, collection techniques or other forms of Complaints Received by the FCC Washington, DC 20554. Customers may information technology. contact BCPI, Inc. at their Web site: AGENCY: Federal Communications www.bcpiweb.com or call 1–800–378– DATES: Written Paperwork Reduction Commission. 3160. Filings may also be viewed on the Act (PRA) comments should be ACTION: Notice. Consumer & Governmental Affairs submitted on or before September 20, Bureau, Disability Rights Office 2004. If you anticipate that you will be SUMMARY: In this document, the homepage at http://www.fcc.gov/cgb/ submitting comments, but find it Consumer & Governmental Affairs dro. difficult to do so within the period of Bureau reminds telecommunications To request materials in accessible time allowed by this notice, you should equipment manufacturers and formats for people with disabilities advise the contact listed below as soon telecommunications service providers (Braille, large print, electronic files, as possible. subject to Section 255 of the audio format), send an e-mail to ADDRESSES: Direct all Paperwork Communications Act of 1934, of their [email protected] or call the Consumer & Reduction Act (PRA) comments to Les obligation to designate an agent for Governmental Affairs Bureau at (202) Smith, Federal Communications service of informal and formal 418–0530 (voice), (202) 418–0432 Commission, Room 1–A804, 445 12th complaints received by the Federal (TTY). This Public Notice can also be Street, SW., Washington, DC 20554 or Communications Commissions. downloaded in Word and Portable via the Internet to [email protected]. DATES: Effective June 30, 2004. Document Formats (PDF) at http:// FOR FURTHER INFORMATION CONTACT: For ADDRESSES: Federal Communications www.fcc.gov/cgb/dro/section255.html. additional information or copies of the Commission, 445 12th Street, SW., Synopsis: On September 29, 1999, the information collection(s), contact Les Washington, DC 20554. Commission released a Report and

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Order and Further Notice of Inquiry Filing Party: Wayne R. Rohde, Esq.; FEDERAL MARITIME COMMISSION (Report and Order), See Implementation Sher & Blackwell; 1850 M Street, NW.; of Section 255 and 251(a)(2) of the Suite 900; Washington, DC 20036. Ocean Transportation Intermediary Communications Act of 1934, as Synopsis: The amendment adds ANL License Applicants enacted by the Telecommunications Act Singapore Pte Ltd. as a party to the Notice is hereby given that the of 1996, Report and Order and Further agreement. following applicants have filed with the Notice of Inquiry, WT Docket No. 96– Agreement No.: 200563–011. Federal Maritime Commission an 198, FCC 99–181, 16 FCC Rcd 6417 Title: Oakland/Trans Pacific Marine application for license as a Non-Vessel (September 29, 1999) (Report and Terminal Agreement. Operating Common Carrier and Ocean Order), that adopted regulations Parties: Port of Oakland and Trans Freight Forwarder—Ocean implementing Section 255, which Pacific Container Corporation. Transportation Intermediary pursuant to requires telecommunications equipment Filing Party: Thomas D. Clark, Esq.; section 19 of the Shipping Act of 1984 manufacturers and service providers to Assistant Port Attorney; Port of as amended (46 U.S.C. app. 1718 and 46 ensure that their equipment and Oakland; 530 Water Street; Oakland, CA CFR 515). services are accessible to persons with 94607. Persons knowing of any reason why disabilities, to the extent that it is Synopsis: The proposed amendment the following applicants should not readily achievable to do so. The revises the assigned premises covered receive a license are requested to regulations require, in part, that by the agreement. contact the Office of Transportation equipment manufacturers and service Agreement No.: 201113–004. Intermediaries, Federal Maritime providers covered by Section 255 Title: Oakland/SSA LLC Preferential Commission, Washington, DC 20573. designate an agent for service of Assignment Agreement. Non-Vessel Operating Common Carrier informal and formal complaints Parties: Port of Oakland and SSA Ocean Transportation Intermediary received by the Commission. See 47 Terminals, LLC. Applicant: CFR 6.18 and 7.18. The designation Filing Party: Thomas D. Clark, Esq.; Starlink Consolidation Service (New shall include a name or department Assistant Port Attorney; Port of York), Inc., JFK Cargo Center Bldg. designation, business address, Oakland; 530 Water Street; Oakland, CA 75, Suite 230, Jamaica, NY 11430. telephone number, and, if available, 94607. Officers: Anne Wong Liu, Secretary, TTY number, facsimile number, and Synopsis: The amendment expands (Qualifying Individual), Patrick Internet e-mail address. the assigned premises, provides for Chung, President. Federal Communications Commission. improvements, and adjusts the Non-Vessel Operating Common Carrier Jay Keithley, compensation payable under the and Ocean Freight Forwarder Deputy Chief, Consumer & Governmental agreement. Transportation Intermediary Affairs Bureau. Agreement No.: 201158. Applicants: [FR Doc. 04–16607 Filed 7–20–04; 8:45 am] Title: Docking and Lease Agreement Caribbean Logistic & Marketing By and Between City of Portland, BILLING CODE 6712–01–P Services, C/3 D–5 El Naranjal, Toa Maine, and Scotia Prince Cruises Baja, PR 00949, Iris V. Figueroa Limited. Colon, Sole Proprietor. Parties: City of Portland, Maine, and FEDERAL MARITIME COMMISSION Cargo Service Center, Inc., 440 Scotia Prince Cruises Limited. McClellan Highway, East Boston, Notice of Agreements Filed Filing Party: Judith H. Harris; MA 02128. Officers: Kathleen G. Manager, Maritime Policy; Department Murphy, Vice President, The Commission hereby gives notice of Transportation; City of Portland; 40 (Qualifying Individual), Matthew of the filing of the following agreements Commercial Street, Suite 100; Portland, Thoi, President. under the Shipping Act of 1984. Maine 04101. Ocean Freight Forwarder—Ocean Interested parties can review or obtain Synopsis: This terminal lease Transportation Intermediary copies of agreements at the Washington, agreement, in effect since October 3, Applicant: DC offices of the Commission, 800 1986, outlines the terms and conditions Future Forwarding Company, 5673 North Capitol Street, NW., Room 940. under which Scotia Prince Cruises Old Dixie Highway, Suite 140, Interested parties may submit comments Limited may use the port facilities of the Forest Park, GA 30297. Officers: on an agreement to the Secretary, City of Portland, Maine. It also provides Barbara L. Herring, Vice President, Federal Maritime Commission, for an exclusive arrangement between (Qualifying Individual), David W. Washington, DC 20573, within 10 days the parties, whereby Scotia Prince Holland, Director/Chairman. of the date this notice appears in the agrees not to operate or participate in Dated: July 16, 2004. Federal Register. other passenger or passenger vehicle Agreement No.: 011679–006. Bryant L. VanBrakle, ferry services between other ports in Secretary. Title: ASF/SERC Agreement. New England and Nova Scotia and the Parties: American President Lines, [FR Doc. 04–16601 Filed 7–20–04; 8:45 am] City of Portland agrees not to grant to Ltd.; ANL Singapore Pte Ltd.; APL Co. BILLING CODE 6730–01–P any other party the right to use the Pte Ltd.; China Shipping Container premises for any passenger or passenger Lines, Co. Ltd.; COSCO Container Lines vehicle ferry services without the prior Co., Ltd.; Evergreen Marine Corp. FEDERAL TRADE COMMISSION written consent of Scotia Prince. (Taiwan) Ltd.; Hanjin Shipping Co., Ltd.; Hyundai Merchant Marine Co., By Order of the Federal Maritime Agency Information Collection Ltd.; Kawasaki Kisen Kaisha, Ltd.; Commission. Activities; Proposed Collection; Mitsui O.S.K. Lines Ltd.; Nippon Yusen Dated: July 16, 2004. Comment Request; Extension Bryant L. VanBrakle, Kaisha; Orient Overseas Container Line AGENCY: Federal Trade Commission Secretary. Ltd.; Sinotrans Container Lines Co., (‘‘FTC’’ or ‘‘Commission’’). Ltd.; Wan Hai Lines Ltd.; and Yang [FR Doc. 04–16600 Filed 7–20–04; 8:45 am] ACTION: Notice. Ming Marine Transport Corp. BILLING CODE 6730–01–P

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SUMMARY: The proposed information Act, may be found in the FTC’s privacy models. In addition, EPCA and the Rule collection requirements described below policy, at http://www.ftc.gov/ftc/ require manufacturers to submit will be submitted to the Office of privacy.htm. relevant data to the Commission Management and Budget (‘‘OMB’’) for FOR FURTHER INFORMATION CONTACT: regarding energy or water usage in review, as required by the Paperwork Requests for additional information or connection with the products they Reduction Act (‘‘PRA’’). The FTC is copies of the proposed information manufacture. The Commission uses this seeking public comments on its collection requirements should be data to compile ranges of comparability proposal to extend through September addressed to Hampton Newsome, for covered appliances for publication 30, 2007 the current PRA clearance for Attorney, Bureau of Consumer in the Federal Register. These information collection requirements Protection, Division of Enforcement, submissions, along with required contained in its Appliance Labeling Room 4616, Federal Trade Commission, records for testing data, may also be Rule (‘‘Rule’’), promulgated pursuant to 600 Pennsylvania Ave., NW., used in enforcement actions involving the Energy Policy and Conservation Act Washington, DC 20580 (202–326–2889). alleged misstatements on labels or in of 1975 (‘‘EPCA’’). The clearance expires advertisements. SUPPLEMENTARY INFORMATION: Under the on September 30, 2004. PRA (44 U.S.C. 3501–3520), Federal Burden Statement DATES: Comments must be submitted on agencies must obtain approval from or before September 20, 2004. Estimated annual hours burden: OMB for each collection of information 445,000 hours. ADDRESSES: Interested parties are they conduct or sponsor. ‘‘Collection of The estimated hours burden imposed invited to submit written comments. information’’ means agency requests or by Section 324 of EPCA and the Comments should refer to ‘‘Appliance requirements that members of the public Commission’s Rule include burdens for Labeling Rule: Paperwork comment, submit reports, keep records, or provide testing (338,292 hours); reporting (1,324 R611004’’ to facilitate the organization information to a third party. 44 U.S.C. hours); recordkeeping (767 hours); of comments. A comment filed in paper 3502(3) and 5 CFR 1320.3(c) As required labeling (101,333 hours); and retail form should include this reference both by section 3506(c)(2)(A) of the PRA, the catalog disclosures (2,550 hours). The in the text and on the envelope, and FTC is providing this opportunity for total burden for these activities is should be mailed or delivered to the public comment before requesting that 445,000 hours (rounded to the nearest following address: Federal Trade OMB extend the existing paperwork thousand), which is the same as staff’s Commission/Office of the Secretary, clearance for the Rule (OMB Control previous estimate in its 2001 Room H–159 (Annex U), 600 Number 3084–0069). submission to OMB. Pennsylvania Avenue, NW., The FTC invites comments on: (1) The following estimates of the time Washington, DC 20580. If the comment Whether the proposed collection of needed to comply with the requirements contains any material for which information is necessary for the proper of the Rule are based on census data, confidential treatment is requested, it performance of the functions of the Department of Energy figures and must be filed in paper form, and the first agency, including whether the estimates, general knowledge of page of the document must be clearly information will have practical utility; manufacturing practices, and industry 1 labeled ‘‘Confidential.’’ The FTC is (2) the accuracy of the agency’s estimate input and figures. Because compliance requesting that any comment filed in of the burden of the proposed collection burden falls almost entirely on paper form be sent by courier or of information, including the validity of manufacturers and importers (with a de overnight service, if possible, because the methodology and assumptions used; minimis burden for retailers), burden U.S. postal mail in the Washington area (3) ways to enhance the quality, utility, estimates are calculated on the basis of and at the Commission is subject to and clarity of the information to be the number of domestic manufacturers delay due to heightened security collected; and (4) ways to minimize the and/or the number of units shipped precautions. burden of the collection of information domestically in the various product The FTC Act and other laws the on those who are to respond, including categories. Commission administers permit the through the use of appropriate collection of public comments to automated, electronic, mechanical, or A. Testing consider and use in this proceeding as other technological collection Under the Rule, manufacturers of appropriate. All timely and responsive techniques or other forms of information covered products must test each basic public comments will be considered by technology, e.g., permitting electronic model they produce to determine energy the Commission, and will be available submission of responses. usage (or, in the case of plumbing to the public on the FTC Web site, to the The Appliance Labeling Rule (16 CFR fixtures, water consumption). The extent practicable, at www.ftc.gov. As a Part 305) establishes testing, reporting, burden imposed by this requirement is matter of discretion, the FTC makes recordkeeping, and labeling determined by the number of basic every effort to remove home contact requirements for manufacturers of major models produced, the average number information for individuals from the household appliances (refrigerators, of units tested per model, and the time public comments it receives before refrigerator-freezers, freezers, water required to conduct the applicable test. placing those comments on the FTC heaters, clothes washers, dishwashers, Manufacturers need not subject each Web site. More information, including room air conditioners, furnaces, central basic model to testing annually; they routine uses permitted by the Privacy air conditioners, heat pumps, pool must retest only if the product design heaters, certain lighting products, and changes in such a way as to affect 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The certain plumbing products). The energy consumption. The staff estimates comment must be accompanied by an explicit request for confidential treatment, including the requirements relate specifically to the that the frequency with which models factual and legal basis for the request, and must disclosure of information relating to are tested every year ranges roughly identify the specific portions of the comment to be energy consumption and water usage. between 10% and 50% and that the withheld from the public record. The request will The Rule’s testing and disclosure actual percentage of basic models tested be granted or denied by the Commission’s General Counsel, consistent with applicable law and the requirements enable consumers varies by appliance category. In public interest. See Commission Rule 4.9(c), 16 CFR purchasing appliances to compare the addition, it is likely that only a small 4.9(c). energy use or efficiency of competing portion of the tests conducted is

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attributable to the Rule’s requirements. and will use the high end of the range burden for the various categories of Given the lack of specific data on this noted above. Accordingly, the burden products covered by the Rule is as point, staff has conservatively assumed estimates are based on the assumption follows 2. that all of the tests conducted are that 50% of all basic models are tested attributable to the Rule’s requirements annually. Thus, the estimated testing

Percentage of Avg. number Total annual Category of manufacturer Number of models tested of units tested Hours per unit testing burden basic models (FTC required) per model tested hours

Refrigerators refrigerator-freezers, and freezers ...... 3,075 50 2 4 12,300 Dishwashers ...... 393 50 2 1 393 Clothes washers ...... 500 50 2 2 1,000 Water heaters ...... 650 50 2 24 15,600 Room air conditioners ...... 1,092 50 2 8 8,736 Furnaces ...... 1,900 50 2 8 15,200 Central A/C ...... 1,270 50 2 24 30,480 Heat pumps ...... 903 50 2 72 65,016 Pool heaters ...... 250 50 2 12 3,000 Fluorescent lamp ballasts ...... 975 50 4 3 5,850 Lamp products...... 2,100 50 12 14 176,400 Plumbing fittings ...... 1,700 50 2 2 3,400 Plumbing fixtures ...... 22,000 50 1 .0833 917

338,292

B. Reporting to measure. The figures below reflect appliance, HVAC equipment, and pool these different methodologies as well as heater industry is an estimated 334 Reporting burden estimates are based the varied burden hour estimates hours (2 minutes × 10,033 models ÷ 60 on information from industry provided by manufacturers of the minutes per hour). representatives. Manufacturers of some different product categories that use the products, such as appliances and HVAC latter methodology. Fluorescent Lamp Ballasts, Lamp equipment (furnaces, central air Products, and Plumbing Products conditioners, and heat pumps), indicate Appliances, HVAC Equipment, and Pool that, for them, the reporting burden is Heaters The total annual reporting burden for best measured by the estimated time Staff estimates that the average manufacturers of fluorescent lamp required to report on each model reporting burden for these ballasts, lamp products, and plumbing manufactured, while others, such as manufacturers is approximately two products is based on the estimated makers of fluorescent lamp ballasts and minutes per basic model. Based on this average annual burden for each category lamp products, state that an estimated estimate, multiplied by a total of 10,033 of manufacturers, multiplied by the number of annual burden hours by basic models of these products, the number of manufacturers in each manufacturer is a more meaningful way annual reporting burden for the respective category, as shown below:

Annual burden Total annual Category of manufacturer hours per Number of reporting bur- manufacturer manufacturers den hours

Fluorescent lamp ballasts ...... 6 20 120 Lamp products ...... 15 50 750 Plumbing products ...... 1 120 120

Total Reporting Burden Hours burden is calculated by number of directly with the number of tests The total reporting burden for models for appliances, HVAC performed. Staff estimates total industries covered by the Rule is 1,324 equipment, and pool heaters, and by recordkeeping burden to be hours annually (334 + 120 + 750 + 120). number of manufacturers for fluorescent approximately 167 hours for these lamp ballasts, lamp products, and manufacturers, based on an estimated C. Recordkeeping plumbing products. average of one minute per record stored EPCA and the Appliance Labeling Appliances, HVAC Equipment, and Pool (whether in electronic or paper format), Rule require manufacturers to keep Heaters multiplied by 10,033 tests performed records of the test data generated in annually (1 minute × 10,033 basic performing the tests to derive The recordkeeping burden for models ÷ 60 minutes per hour).3 information included on labels and manufacturers of appliances, HVAC required by the Rule. As with reporting, equipment, and pool heaters varies

2 The following numbers reflect estimates of the testing. The average number of units tested per the relevant product categories by the average basic models in the market. The actual numbers model and the hours per unit tested are based on number of units tested per model within each will vary from year to year. Since 2001, the information from industry sources. category (the underlying information may be drawn Commission has not identified any changes in the 3 The amount of annual tests performed is derived from the table in Section A.). number of basic models that would yield a significant increase in the total burden hours for by multiplying the number of basic models within

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Fluorescent Lamp Ballasts, Lamp lamp ballasts, lamp products, and from industry sources), multiplied by Products, and Plumbing Products plumbing products is based on the the number of manufacturers in each The total annual recordkeeping estimated average annual burden for respective category, as shown below: burden for manufacturers of fluorescent each category of manufacturers (derived

Annual burden Total annual Category of manufacturer hours per Number of recordkeeping manufacturer manufacturers burden hours

Fluorescent lamp ballasts ...... 2 20 40 Lamp products ...... 10 50 500 Plumbing products ...... 5 120 60

Total Recordkeeping Burden Hours fact sheet or in an approved industry- ordinary course of business, the only The total recordkeeping burden for prepared directory of products. Staff has impact of the Rule is to require industries covered by the Rule is 767 estimated the preparation of these fact manufactures to reformat their labels to hours annually (167+40+500+60). sheets requires approximately 30 include the ‘‘E’’ symbol. Thus, the minutes per basic model. Manufacturers burden imposed by the Rule for labeling D. Labeling producing at least 95 percent of the fluorescent lamp ballasts is minimal. affected equipment, however, are EPCA and the Rule require that Lamp Products manufacturers of covered products members of trade associations 4 that provide certain information to produce approved directories (in The burden attributable to labeling consumers, through labels, fact sheets, connection with their certification lamp products is also minimal, for or permanent markings on the products. programs independent of the Rule) that similar reasons. The Rule requires The burden imposed by this satisfy the fact sheet requirement. Thus, certain disclosures on packaging for requirement consists of (1) the time the drafting burden for fact sheets for lamp products. Since manufacturers needed to prepare the information to be HVAC equipment is approximately 102 were already disclosing the substantive provided, and (2) the time needed to hours annually [4,073 (basic models) × information required under the Rule provide it, in whatever form, with the .5 hours × .05 (proportion of equipment prior to its implementation, the products. The applicable burden for for which fact sheets are required)]. practical effect of the Rule was to each category of products is described The Rule allows manufacturers to require that manufactures redesign below: prepare a directory containing fact sheet packaging materials to ensure they information for each retail include the disclosures in the manner Appliances, HVAC Equipment, and Pool establishment as long as there is a fact and form prescribed by the Rule. Heaters sheet for each basic model sold. Because this effort is now complete, EPCA and the Rule specify the Assuming that six HVAC manufacturers there is no ongoing labeling burden content, format, and specifications for (i.e., approximately 5% of HVAC imposed by the Rule for lamp products. the required labels, so manufacturers manufacturers), produce fact sheets need only add the energy consumption instead of having required information Plumbing Products figures derived from testing. In addition, shown in industry directories, and each The statute and the Rule require that most larger companies use automation spends approximately 16 hours per year manufacturers disclose the water flow to generate labels, and the labels do not distributing the fact sheets to retailers rate for plumbing fixtures. change from year to year. Given these and in response to occasional consumer Manufacturers may accomplish this considerations, staff estimate that the requests, the total time attributable to disclosure by attaching a label to the time to prepare labels for appliances, this activity would also be product, through permanent markings HVAC equipment, and pool heaters is approximately 96 hours. imprinted on the product as part of the no more than four minutes per basic The total annual labeling burden for manufacturing process, or by including model. Thus, for appliances, HVAC appliances, HVAC equipment, and pool the required information on packaging equipment, and pool heaters, the heaters is 669 hours for preparation plus material for the product. While some approximate annual drafting burden 83,522 hours for affixing, or 84,191 methods might impose little or no involved in preparing labels is 669 hours. The total annual fact sheet additional incremental time burden and hours per year [10,033 (basic models) × burden is 102 hours for preparation and cost on the manufacturer, other methods 4 minutes (drafting time per basic 96 hours for distribution, or 198 hours. (such as affixing labels) could. Thus, model) ÷ 60 (minutes per hour)]. The total annual burden for labels and staff estimate an overall blended average Industry representatives and trade fact sheets for the appliance, HVAC, and burden associated with this disclosure associations have estimated that it takes pool heater industries is, therefore, requirement of one second per unit sold. between 4 and 8 seconds to affix each estimated to be 84,389 hours (84,191 + Staff also estimate that there are label to each product. Based on an 198). approximately 9,000,000 covered average of 6 seconds per unit, the Fluorescent Lamp Ballasts fixtures and 52,000,000 fittings sold annual burden for affixing labels to annually in the country. Therefore, the appliances, HVAC equipment, and pool The statute and the Rule require that estimated annual burden to label heaters is 83,522 hours [6 (seconds) × labels for fluorescent lamp ballasts plumbing products is 16,944 hours 50,113,098 (the number of total contain an ‘‘E’’ within a circle. Since [61,000,000 (units) × 1 (seconds) ÷ 3,600 manufacturers label these ballasts in the products shipped) ÷ 3,600 (seconds per (seconds per hour)]. hour)]. The Rule also requires that HVAC 4 These associations include the Air-Conditioning Total Burden for Labeling and Refrigeration Institute, the Gas Appliance equipment manufacturers disclose Manufacturers Association, and the Hydronics The total labeling burden for all energy usage information on a separate Institute. industries covered by the Rule is

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101,333 hours (84,389 +16,944) and water consumption data into their This is a conservative assumption annually. catalogs, and the likelihood that many because the number of incremental of the required disclosures would be additions to the catalog from year to E. Retail Sales Catalogs Disclosures made in the ordinary course of business, year is likely to be much lower after The Rule requires that sellers offering staff believe that any incremental initial start-up efforts have been covered products through retail sales burden the Rule imposes on these paper completed. The total catalog disclosure catalogs (i.e., those publications from catalog sellers would be minimal. burden for all industries covered by the which a consumer can actually order × Staff estimates that there are an Rule is 2,550 hours (150 sellers 17 merchandise) disclose in the catalog hours annually). energy (or water) consumption for each additional 150 new online sellers of covered products who are subject to the Estimated annual cost burden: covered product. Because this ($7,906,857 in labor costs and information is supplied by the product Rule’s catalog disclosure requirements. $3,519,422 in capital or other non-labor manufacturers, the burden on the Many of these sellers may not have the costs). retailer consists of incorporating the experience the paper catalog sellers information into the catalog have in incorporating energy and water Labor Costs: Staff derived labor costs presentation. consumption data into their catalogs. by applying appropriate estimated In the past, staff has estimated that Staff estimates that these online sellers hourly cost figures to the burden hours there are 100 sellers who offer covered each require approximately 17 hours per described above. In calculating the cost products through paper retail catalogs. year to incorporate the data into their figures, staff assumes that test While the Rule initially imposed a online catalogs. This estimate is based procedures are conducted by skilled burden on catalog sellers by requiring on the assumption that entry of the technical personnel at an hourly rate of that they draft disclosures and required information takes 1 minute per $20.00, and that recordkeeping and incorporate them into the layouts of covered product and an assumption that reporting, and labeling, marking, and their catalogs, paper catalog sellers now the average online catalog contains preparation of fact sheets, generally are have substantial experience with the approximately 1,000 covered products performed by clerical personnel at an Rule and its requirements. Energy and (based on a sampling of websites of hourly rate of $10.75. water consumption information has affected retailers). Given that there is a Based on the above estimates and obvious relevance to consumers, so great variety among sellers in the assumptions, the total annual labor sellers are likely to disclose much of the volume of products they offer online, it costs for the five different categories of required information with or without is very difficult to estimate such volume burden under the Rule, applied to all the Rule. Accordingly, given the small with precision. In addition, this analysis the products covered by it, is $7,907,000 number of catalog sellers, their assumes that information for all 1,000 (rounded to the nearest thousand), experience with incorporating energy products is entered into the catalog. derived as follows:

Burden hours Wage category hourly Total annual Activity per year rate labor cost

Testing ...... 338,292 Skilled technical/$20...... $6,765,840 Reporting ...... 1,324 Clerical/$10.75 ...... 14,233 Recordkeeping ...... 767 Clerical/$10.75 ...... 8,245 Labeling, marking, and fact sheet preparation ...... 101,333 Clerical/$10.75 ...... 1,089,330 Catalog disclosures ...... 2,550 Clerical/$10.75 ...... 27,413

7,905,061

Capital or Other Non-Labor Costs: recordkeeping. The same is true estimates of 50,113,098 units shipped $3,519,000 (rounded), determined as regarding compliance applicable to the and 128,650 fact sheets prepared,5 at an follows: requirements for paper catalogs. average cost of seven cents for each Staff has examined the five distinct Manufacturers and retailers who make burdens imposed by EPCA through the required disclosures in catalogs already Rule—testing, reporting, recordkeeping, are producing catalogs in the ordinary labeling, and retail catalog disclosures— course of their businesses; accordingly, capital cost associated with such as they affect the 11 groups of products 5 The units shipped total is based on combined that the Rule covers. Staff has disclosure would be minimal or nil. actual or estimated industry figures across all of the concluded that there are no current Staff recognizes that there may be initial product categories, except for fluorescent lamp start-up costs associated with the Rule. costs associated with posting online ballasts, lamp products, and plumbing products. Manufacturers have in place the capital disclosure, and it invites further Staff has determined that, for those product equipment necessary—especially comment to reasonably quantify such categories, there are little or no costs associated equipment to measure energy and/or costs. with the labeling requirements. The fact sheet estimation is based on the previously noted water usage—to comply with the Rule. Manufacturers that submit required assumption that five percent of HVAC Under this analysis, testing, reports to the Commission directly manufacturers produce fact sheets on their own. recordkeeping, and retail catalog (rather than through trade associations) Based on total HVAC units shipped (10,291,965), disclosures are activities that incur no incur some nominal costs for paper and five percent amounts to 514,598 HVAC units. capital or other non-labor costs. As postage. Staff estimates that these costs Because manufacturers generally list more than one unit on a fact sheet, staff has estimated that mentioned above, testing has been do not exceed $2,500. Manufacturers manufacturers independently preparing them will performed in these industries in the must also incur the cost of procuring use one sheet for every four of these 514,598 units. normal course of business for many labels and fact sheets used in Thus, staff estimates that HVAC manufacturers years as has the associated compliance with the Rule. Based on produce approximately 128,650 fact sheets.

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label or fact sheet, the total (rounded) 2.34, notice is hereby given that the considered by the Commission, and will labeling cost is $3,516,922. above-captioned consent agreement be available to the public on the FTC containing a consent order to cease and Web site, to the extent practicable, at William E. Kovacic, desist, having been filed with and www.ftc.gov. As a matter of discretion, General Counsel. accepted, subject to final approval, by the FTC makes every effort to remove [FR Doc. 04–16483 Filed 7–20–04; 8:45 am] the Commission, has been placed on the home contact information for BILLING CODE 6750–01–P public record for a period of thirty (30) individuals from the public comments it days. The following Analysis to Aid receives before placing those comments Public Comment describes the terms of on the FTC Web site. More information, FEDERAL TRADE COMMISSION the consent agreement, and the including routine uses permitted by the [File No. 042 3002] allegations in the complaint. An Privacy Act, may be found in the FTC’s electronic copy of the full text of the privacy policy, at http://www.ftc.gov/ Jonathan Barash; Analysis To Aid consent agreement package can be ftc/privacy.htm. Public Comment obtained from the FTC Home Page (for Analysis of Proposed Consent Order To June 16, 2004), on the World Wide Web, AGENCY: Aid Public Comment Federal Trade Commission. at ‘‘http://www.ftc.gov/os/adjpro/d9317/ ACTION: Proposed consent agreement. index.htm.’’ A paper copy can be The Federal Trade Commission has obtained from the FTC Public Reference accepted, subject to final approval, an SUMMARY: The consent agreement in this Room, Room H–130, 600 Pennsylvania agreement containing a consent order matter settles alleged violations of Avenue, NW., Washington, DC 20580, from Jonathan Barash (‘‘proposed federal law prohibiting unfair or either in person or by calling (202) 326– respondent’’). Proposed respondent deceptive acts or practices or unfair 2222. collaborated with others in the methods of competition. The attached Public comments are invited, and may marketing of a purported children’s Analysis to Aid Public Comment be filed with the Commission in either weight loss product called ‘‘Pedia Loss,’’ describes both the allegations in the paper or electronic form. Written and a purported female libido enhancer draft complaint that accompanies the comments must be submitted on or called ‘‘Fabulously Feminine.’’ consent agreement and the terms of the before July 30, 2004. Comments should The proposed consent order has been consent order—embodied in the consent refer to ‘‘Jonathan Barash, File No. 042 placed on the public record for thirty agreement—that would settle these 3002,’’ to facilitate the organization of (30) days for reception of comments by allegations. comments. A comment filed in paper interested persons. Comments received DATES: Comments must be received on form should include this reference both during this period will become part of or before July 30, 2004. in the text and on the envelope, and the public record. After thirty (30) days, the Commission will review the ADDRESSES: Comments should refer to should be mailed or delivered to the ‘‘Jonathan Barash, File No. 042 3002,’’ to following address: Federal Trade agreement in light of any comments facilitate the organization of comments. Commission/Office of the Secretary, received and will decide whether it A comment filed in paper form should Room H–159, 600 Pennsylvania should withdraw from the agreement include this reference both in the text Avenue, NW., Washington, DC 20580. If and take other appropriate action or make final the agreement’s proposed and on the envelope, and should be the comment contains any material for order. mailed or delivered to the following which confidential treatment is The Commission’s complaint charges address: Federal Trade Commission/ requested, it must be filed in paper (rather than electronic) form, and the that advertising for Pedia Loss made Office of the Secretary, Room H–159, unsubstantiated claims that (1) Pedia 600 Pennsylvania Avenue, NW., first page of the document must be 1 Loss causes weight loss in overweight or Washington, DC 20580. Comments clearly labeled ‘‘Confidential.’’ The FTC is requesting that any comment obese children ages 6 and over, and (2) containing confidential material must be when taken by overweight or obese filed in paper form, as explained in the filed in paper form be sent by courier or overnight service, if possible, because children ages 6 and over, Pedia Loss Supplementary Information section. The causes weight loss by suppressing FTC is requesting that any comment U.S. postal mail in the Washington area and at the Commission is subject to appetite, increasing fat burning, and filed in paper form be sent by courier or slowing carbohydrate absorption. The overnight service, if possible, because delay due to heightened security precautions. Comments filed in Commission’s complaint also charges U.S. postal mail in the Washington area that advertising for Fabulously and at the Commission is subject to electronic form should be sent to the following e-mail box: Feminine falsely represented that delay due to heightened security clinical testing proves that Fabulously precautions. Comments filed in [email protected]. The FTC Act and other laws the Feminine enhances a woman’s electronic form (except comments Commission administers permit the satisfaction with her sex life and level containing any confidential material) collection of public comments to of sexual desire. In addition, the should be sent to the following email consider and use in this proceeding as complaint challenges the box: [email protected]. appropriate. All timely and responsive unsubstantiated claim that Fabulously FOR FURTHER INFORMATION CONTACT: public comments, whether filed in Feminine will increase a woman’s Richard Cleland or Janet Evans, FTC, paper or electronic form, will be libido, sexual desire, and sexual Bureau of Consumer Protection, 600 satisfaction by stimulating blood flow Pennsylvania Avenue, NW., 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The and increasing sensitivity. Washington, DC 20580, (202) 326–3088 comment must be accompanied by an explicit Part I A of the proposed order pertains or (202) 326–2125. request for confidential treatment, including the factual and legal basis for the request, and must to Pedia Loss. It requires that proposed SUPPLEMENTARY INFORMATION: Pursuant identify the specific portions of the comment to be respondent possess and rely on to section 6(f) of the Federal Trade withheld from the public record. The request will competent and reliable scientific Commission Act, 38 Stat. 721, 15 U.S.C. be granted or denied by the Commission’s General evidence to support claims that Pedia Counsel, consistent with applicable law and the 46(f), and Section 2.34 of the public interest. See Commission Rule 4.9(c), 16 CFR Loss or any other covered product or Commission’s Rules of Practice, 16 CFR 4.9(c). service causes weight loss, suppresses

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appetite, increases fat burning, or slows DEPARTMENT OF HEALTH AND organization, financing, and delivery of carbohydrate absorption; causes weight HUMAN SERVICES health care services. loss in overweight or obese children The Council is composed of members ages 6 and over; or causes weight loss Agency for Healthcare Research and of the public appointed by the Secretary by suppressing appetite, increasing fat Quality and Federal ex-officio members. burning, or slowing carbohydrate Meeting of the National Advisory II. Agenda absorption, when taken by overweight Council for Healthcare Research and On Friday, July 30, 2004, the meeting or obese children ages 6 and over. Part Quality will begin at 9 a.m., with the call to IB of the order pertains to Fabulously order by the Council Chair. The Feminine. It requires that proposed AGENCY: Agency for Healthcare Research Director, AHRQ, will present the status respondent possess and rely on and Quality (AHRQ). of the Agency’s current research, competent and reliable scientific ACTION: Notice of public meeting. programs, and initiatives. Tentative evidence to support claims that agenda items include a discussion led Fabulously Feminine or any other SUMMARY: In accordance with section by David J. Brailer, M.D., Ph.D., newly covered product or service will increase 10(a) of the Federal Advisory Committee appointed National Health Information a woman’s libido, sexual desire, or Act, this notice announces a meeting of Technology Coordinator for DHHS, who sexual satisfaction. the National Advisory Council for will discuss the information technology Healthcare Research and Quality. Part II of the proposed order requires goals for the Department, and a DATES: The meeting will be held on that proposed respondent possess and discussion of enhancements to AHRQ’s Friday, July 30, 2004, from 9 a.m. to 4 rely on competent and reliable scientific available web-based information tools. p.m. and is open to the public. evidence to support benefits, The official agenda will be available on performance, or efficacy claims for ADDRESSES: The meeting will be held at AHRQ’s Web site at http:// covered products or services defined as The Hubert H. Humphrey Building, www.ahrq.gov no later than July 19, 2004. The meeting will adjourn at 4 any dietary supplement, food, drug, or Room 800, 200 Independence Avenue, SW., Washington, DC 20201. p.m. device, and any health-related service or program promoting weight loss or FOR FURTHER INFORMATION CONTACT: Dated: July 13, 2004. sexual enhancement. Deborah Queenan, Coordiantor of the Carolyn M. Clancy, Advisory Council, at the Agency for Director. Part III of the proposed order Healthcare Research and Quality, 540 prohibits proposed respondent from [FR Doc. 04–16598 Filed 7–20–04; 8:45 am] Gaither Road, Rockville, Maryland, BILLING CODE 4160–90–M misrepresenting the existence, contents, 20850, (301) 427–1330. For press-related validity, results, conclusions, or information, please contact Karen interpretations of any test or studies. Migdail at (301) 427–1855. DEPARTMENT OF HEALTH AND Part IV of the proposed order permits If sign language interpretation or other HUMAN SERVICES proposed respondent to make certain reasonable accommodation for a claims for drugs or dietary supplements disability is needed, please contact Mr. Agency for Healthcare Research and that are permitted in labeling under Donald L. Inniss, Director, Office of Quality laws and/or regulations administered by Equal Employment Opportunity the U.S. Food and Drug Administration. Program, Program Support Center, on Contract Review Meeting The remainder of the proposed order (301) 443–1144 no later than April 23, In accordance with section 10(a) of contains standard requirements that 2004. Agenda, roster, and minutes are the Federal Advisory Committee Act as proposed respondent maintain available from Ms. Bonnie Campbell, amended (5 U.S.C., Appendix 2), advertising and any materials relied Committee Management Officer, Agency announcement is made of an Agency for for Healthcare Quality and Research, upon as substantiation for any Healthcare Research and Quality 540 Gaither Road, Rockville, Maryland representation covered by substantiation (AHRQ) Technical Review Committee 20850. Her phone number is (301) 427– requirements under the order; distribute (TRC) meeting. This TRC’s charge is to 1554. Minutes will be available after review contract proposals and provide copies of the order to certain company August 16, 2004. officials and employees; and file one or recommendations to the Director, SUPPLEMENTARY INFORMATION: more reports detailing his compliance AHRQ, with respect to the technical merit of proposals submitted in with the order. Part IX of the proposed I. Purpose response to a Request for Proposals order is a provision whereby the order, Section 921 of the Public Health (RFP) regarding ‘‘Health Information absent certain circumstances, terminates Service Act (42 U.S.C. 299c) established Technology Resource Center (HITRC)’’. twenty years from the date of issuance. the National Advisory Council for The RFP was published in the Federal The purpose of this analysis is to Healthcare Research and Quality. In Business Opportunities on June 14, facilitate public comment on the accordance with its statutory mandate, 2004. proposed order, and is not intended to the Council is to advise the Secretary of The upcoming TRC meeting will be constitute an official interpretation of the Department of Health and Human closed to the public in accordance with the agreement and proposed order or to Services and the Director, Agency for the Federal Advisory Committee Act modify in any way their terms. Healthcare Research and Quality (FACA), section 10(d) of 5 U.S.C., (AHRQ), on matters related to actions of Appendix 2, FACA regulations, 41 CFR By direction of the Commission. the Agecncy to enhance the quality, 101–6.1023 and procurement Donald S. Clark, improve the outcomes, reduce the costs regulations, 48 CFR 315.604(d). The Secretary. of health care services, improve access discussions at this meeting of contract [FR Doc. 04–16482 Filed 7–20–04; 8:45 am] to such services through scientific proposals submitted in response to the BILLING CODE 6750–01–P research, and to promote improvements above-referenced RFP are likely to in clinical practice and in the reveal proprietary information and

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personal information concerning DEPARTMENT OF HEALTH AND technology. Written comments should individuals associated with the HUMAN SERVICES be received within 60 days of this proposals. Such information is exempt notice. Centers for Disease Control and from disclosure under the above-cited Proposed Project FACA provision and procurement rules Prevention Risk Factors for Acute Hepatitis B or that protect the free exchange of candid [60Day–04–JP] views and facilitate Department and Acute Hepatitis C in Older Adults— Committee operations. Proposed Data Collections Submitted New—National Center for Infectious Diseases (NCID), Centers for Disease Name of TRC: The Agency for for Public Comment and Recommendations Control and Prevention (CDC). Healthcare Research and Quality— Questionnaires and data collection ‘‘Health Information Technology In compliance with the requirement forms have been designed to collect Resource Center (HITRC)’’. of Section 3506(c)(2)(A) of the information over a 24-month period Date: August 12 and 13, 2004 (Closed Paperwork Reduction Act of 1995 for regarding risk factors for acute hepatitis to the public). opportunity for public comment on B or acute hepatitis C in persons age ≥60 proposed data collection projects, the years. The purpose of the project is to Place: Agency for Healthcare Research Centers for Disease Control and evaluate the possible associations and Quality, 540 Gaither Road, Prevention (CDC) will publish periodic between healthcare-related exposures Conference Center, Rockville, Maryland summaries of proposed projects. To and sporadic cases of acute hepatitis B 20850. request more information on the or acute hepatitis C among older adults. Contact Person: Anyone wishing to proposed projects or to obtain a copy of The results of the project will assist CDC obtain information regarding this the data collection plans and in accomplishing the part of its mission meeting should contact Steve Bernstein, instruments, or to send comments related to preparing recommendations Center for Primary Care, Prevention, and contact Sandi Gambescia, CDC Assistant for the prevention and control of viral Clinical Partnerships, Agency for Reports Clearance Officer, 1600 Clifton hepatitis and its sequelae. Healthcare Research and Quality, 540 Road, MS–E11, Atlanta, GA 30333 or The respondent universe will include Gaither Road, Rockville, Maryland send an e-mail to [email protected]. residents of a defined geographic area 20850, 301–427–1581. Comments are invited on: (a) Whether served by the participating public health the proposed collection of information agency, along with their healthcare Dated: July 1, 2004. is necessary for the proper performance providers. Persons identified as meeting Carolyn M. Clancy, of the functions of the agency, including the case definition for acute hepatitis B Director. whether the information shall have or C age ≥60 years will be asked to [FR Doc. 04–16597 Filed 7–20–04; 8:45 am] practical utility; (b) the accuracy of the participate. Controls will be randomly BILLING CODE 4160–90–M agency’s estimate of the burden of the selected through random digit dialing proposed collection of information; (c) from among persons age ≥60 years in the ways to enhance the quality, utility, and general population. For consenting clarity of the information to be cases and controls, medical record collected; and (d) ways to minimize the reviews and healthcare provider burden of the collection of information interviews will be conducted in on respondents, including through the connection with healthcare-related use of automated collection techniques exposures. There is no cost to or other forms of information respondents.

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

Consenting Adults Meeting Case/Control Criteria ...... 160 1 30/60 80 Healthcare Providers ...... 120 1 20/60 40

Total ...... 280 ...... 120

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Dated: July 15, 2004. C. Funding implementing, and evaluating Betsey Dunaway, Approximately $200,000 is available Comprehensive STD Prevention Acting Director, Management Analysis and in FY 2004 to fund this award. It is Systems (CSPS), including, where Services Office, Centers for Disease Control expected that the award will begin on or applicable, initiatives and strategies and Prevention. before September 1, 2004, and will be specific to (1) the Infertility Prevention [FR Doc. 04–16544 Filed 7–20–04; 8:45 am] made for a 12-month budget period Program (IPP) to prevent STD-related BILLING CODE 4163–18–P within a project period of up to five infertility; (2) the Syphilis Elimination years. Funding estimates may change. Program (SE) to eliminate syphilis in High Morbidity Areas; and (3) the DEPARTMENT OF HEALTH AND D. Where To Obtain Additional Gonoccocal Isolate Surveillance Project HUMAN SERVICES Information (GISP) to monitor gonoccocal resistance For general comments or questions to multiple antibiotics. As an optional Centers for Disease Control and about this announcement, contact: activity some programs may choose to Prevention Technical Information Management, participate in the Quality Evaluation [Program Announcement 04232] CDC Procurement and Grants Office, Initiative (QEI) to evaluate one program 2920 Brandywine Road, Atlanta, GA activity. This program announcement Strengthening HIV/AIDS, STI and TB 30341–4146, telephone: 770–488–2700. addresses the ‘‘Healthy People 2010’’ Prevention, Control and Treatment For program technical assistance, focus area of Sexually Transmitted Activities in the Addis Ababa contact: Dr. Tadesse Wuhib, Project Disease which is aimed at addressing University; Notice of Intent To Fund Officer, U.S. Embassy, Entoto Road, P.O. health disparities (Areas of Special Single Eligibility Award Box 1014, Addis Ababa, Ethiopia, Emphasis) among racial and ethnic telephone: 251–1–669566, e-mail: minority populations at greater risk for A. Purpose [email protected]. STDs due to health disparities, high risk The Centers for Disease Control and For financial, grants management, or sexual behaviors, the settings in which Prevention (CDC) announces the intent budget assistance, contact: Shirley they are found, or because they are at to fund fiscal year (FY) 2004 funds for Wynn, Contract Specialist, CDC risk for or have acquired other diseases. a cooperative agreement program to Procurement and Grants Office, 2920 These Areas of Special Emphasis strengthen activities for the prevention, Brandywine Road, Atlanta, GA 30341, represent high priority prevention control, and treatment of HIV/AIDS, telephone: 770–488–1515, e-mail: opportunities and have direct relevance STI, and TB in the Addis Ababa [email protected]. to multiple essential functions. The University (AAU). The Catalog of Dated: July 15, 2004. Areas of Special Emphasis identified by Federal Domestic Assistance number for William P. Nichols, each grantee will depend on disease and this program is 93.941. Acting Director, Procurement and Grants behavioral surveillance (e.g., case reports, prevalence monitoring, B. Eligible Applicant Office, Centers for Disease Control and Prevention. behavioral assessments) and other Assistance will be provided only to [FR Doc. 04–16543 Filed 7–20–04; 8:45 am] locally determined data and criteria. the Addis Ababa University (AAU). No BILLING CODE 4163–18–P While all gender, age, racial, cultural, other applicants are solicited. The AAU and economic groups are potentially is the only appropriate and qualified affected by STDS, some population organization to conduct the activities DEPARTMENT OF HEALTH AND groups are disproportionately affected supported by the CDC/GAP in Ethiopia HUMAN SERVICES by STDs and their complications. As because: noted in Healthy People 2010, these 1. The AAU and its TAH are uniquely Centers for Disease Control and population groups include African positioned in terms of legal authority, Prevention Americans, Hispanics, American ability, and credibility to supported Indian/Alaskan Natives, Asian and technical capacity development for HIV/ Comprehensive STD Prevention Pacific Islanders, women, and AIDS/STI/TB prevention and control Systems, Prevention of STD-Related adolescents and young adults. Groups efforts of the country. Infertility, and Syphilis Elimination considered at risk because of high risk 2. The AAU is mandated by the Announcement Type: Competing sexual behaviors include men who have Ethiopian Government to provide Continuation. sex with men and persons with multiple training for all cadres of health care Funding Opportunity Number: 05004. sex partners. Additionally, high priority professionals and health social Catalog of Federal Domestic prevention opportunities may exist for scientists who are deployed to all Assistance Number: 93.977. groups that can be accessed in certain regions of the country. Key Dates: settings. These settings include, but are 3. As the only National Central Application Deadline: September 15, not limited to, correctional facilities, Medical Center with the only medical 2004. HIV prevention and care clinics, speciality/residency training in the substance abuse centers or private I. Funding Opportunity Description country, the University and its colleges medical care facilities. Finally, and faculties constitute the oldest and Authority: This program is authorized opportunities exist for STD programs to largest training institution, and the most under Section 318 (a) (b) (c) of the Public collaborate and integrate with HIV and experienced research facility in the Health Service Act [42 U.S.C. Section 247c hepatitis prevention programs to better country. (a)(b)and(c)], as amended. Regulations serve groups that are at risk for or are 4. The University is associated with governing the implementation of this infected with all of these diseases. the Ministry of Education, and works legislation are covered under 42 CFR Part Examples of collaborative activities closely with the Ministry of Health and 51b, Subparts A and D. include, but are not limited to, other sector ministries, as well as with Purpose: The purpose of the program encouraging medical providers to a number of regional and international is to support sexually transmitted provide HIV, hepatitis and STD institutions, including U.S. universities. disease (STD) programs in designing, screening in high prevalence settings;

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supporting the development and measure is not applicable, the grantee developing a SE program plan that expansion of HIV counseling, testing, must provide adequate justification as to includes the following activities: referral and partner services; and why they should not be held 1. Enhance surveillance. integrating HIV, hepatitis and STD accountable for reporting on the 2. Strengthen community prevention messages into health measure. involvement and partnerships. educational materials. Grantees are responsible for achieving 3. Provide rapid outbreak response. Development of this program the target levels of performance 4. Expand clinical and laboratory response provides an opportunity to measures and program goals and services. conduct short, intermediate, and long objectives established in their grant 5. Enhance health promotion. term program planning. It may serve as application. If a grantee does not Activities for GISP: the one document that fully describes achieve their goals, CDC will work with 1. Collect, handle, and ship the goals, objectives, activities (present the grantee to determine what steps can specimens. and future) of your comprehensive STD be taken to improve performance. CDC 2. Report demographic and clinical prevention program. actions could include providing data. Measurable outcomes of the program technical assistance, placing conditions Activities for QEI (Optional): In will be in alignment with one (or more) or restrictions on the award of funds or, addition to the required evaluation of the following performance goal(s) for with chronic failure to improve, activities some grantees may opt to the National Center for HIV, STD, and reducing funds. participate in the Quality Evaluation TB Prevention (NCHSTP): (1) Reduce In addition to performance measures, Initiative by conducting the following STD rates by providing chlamydia and four-year goals and one-year objectives, activities: gonorrhea screening, treatment, and grantees are also required to report 1. Evaluate one program intervention. partner treatment to 50 percent of program data in the same format as 2. Report the outcome of the women in publicly funded family tables provided. These data tables are evaluation. planning and STD clinics nationally; (2) listed in two sections of this program II. Award Information Reduce the incidence of primary and announcement, (1) Background and Type of Award: Grant. secondary syphilis; and (3) Reduce the Need and (2) Progress Reports. In future incidence of congenital syphilis. Fiscal Year Funds: 2005. years of this grant cycle, the data tables Approximate Total Funding: To ensure quality programs and to will be refined and enhanced. Grantees measure progress, grantees are required $103,000,000. can expect additional data reporting Federal funds are intended to to report on a set of performance requirements to become part of future measures appropriate for specific supplement (not replace or supplant) progress reports. current state and local resources and program components. Each grantee will Activities for CSPS: Awardee must be used to assist state and local set its own annual target level of activities for this program are as follows: programs in conducting high-priority performance for each performance The grantee will be responsible for activities as described in their CSPS, IPP measure. In future years these measures developing a CSPS program plan that and SE plans. will be refined and enhanced. Guidance includes the following activities: CSPS: Approximately $57,000,000 is on performance measures for specific 1. Provide Community and Individual available (based on FY2004 financial definitions of measures and terms will Behavior Change Interventions. be provided in a separate companion 2. Provide Medical and Laboratory assistance base-level awards) in FY 2005 guidance. Services. to fund 65 awards. Included within Grantees will be required to specify 3. Ensure Partner Services. CSPS is the optional activity, Quality baseline performance using data from 4. Promote Leadership and Program Evaluation Initiative (QEI), for which no the period January 1—June 30, 2004. In Management. additional funding is available at this addition, grantees will be required to 5. Conduct Surveillance and Data time. The average base-level award for specify one-year and four-year goals for Management. CSPS is expected to be $877,000, each performance measure. The 6. Provide or ensure Training and ranging from $24,000 to $5,105,000. discussion should provide a rationale Professional Development. Funding estimates may change. for the goals that are set and describe 7. Ensure a documented STD IPP: Approximately $28,000,000 data sources and methods of analysis Outbreak Response Plan. (based on FY 2004 financial assistance used in setting the baseline 8. Conduct Program Evaluation. base level awards) is available in FY performance, one-year and four-year Activities for IPP: Awardee activities 2005 to fund 65 awards. Awards will goals. If the data sources needed to for this program are as follows: The range from $10,700 to $1,910,000. establish the baseline level are not grantee will be responsible for SE: Approximately $18,000,000 is available, the grantee should describe developing an IPP program plan that available in FY 2005 to supplement up what steps or actions will be conducted includes the following activities: to 38 CSPS Project Grants to design, in Year One to set the baseline level in 1. Ensure clinical services including implement, and evaluate intervention Year Two. chlamydia and gonorrhea screening and strategies for syphilis elimination in Grantees are also expected to provide treatment of young, sexually active High Morbidity Areas (HMA). It is measurable and quantitative four-year women and their sex partners. expected that awards will range from project period goals and measurable and 2. Support laboratory testing. $135,000 to $1,900,000. quantitative one-year budget period 3. Develop surveillance and data GISP: Approximately $460,000 is objectives when developing their management systems to ensure available in FY 2005. Awards will range program plans. These measurable goals collection of all CDC core data elements. from $3,000 to $92,000. and objectives should relate to the 4. Provide program management and Approximate Number of Awards: program priorities identified and leadership. CSPS: 65 justified in the Background, Need, and 5. Ensure provider training. IPP: 65 Narrative sections of the application. If Activities for SE: Awardee activities SE: 38 the grantee determines, based on project for this program are as follows: The GISP: 28–35 area data, that a specific performance grantee will be responsible for Approximate Average Award:

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CSPS: $877,000 greater than or equal to 2.5 in 2003; (3) Revenue Code that engages in lobbying IPP: $431,000 those project areas previously funded activities is not eligible to receive Federal SE: $474,000 for syphilis elimination who have not funds constituting an award, grant, or loan. GISP: $19,000 reached stable reductions of P and S Floor of Award Range: syphilis for the years 2000–2003. IV. Application and Submission CSPS: $24,000 Project areas with greater than 100 Information IPP: $10,700 cases of P and S syphilis are: Alabama, IV.1. Address To Request Application SE: $135,000 Arizona, Baltimore, Chicago, California, Package GISP: $3,000 Florida, Georgia, Illinois, Los Angeles, Ceiling of Award Range: Louisiana, Maryland, Massachusetts, To apply for this funding opportunity CSPS: $5,105,000 Michigan, New Jersey, New York City, use application form PHS 5161–1. IPP: $1,910,000 North Carolina, Ohio, Puerto Rico, San Application forms, instructions, and SE: $1,900,000 Francisco, Tennessee, Texas. appendices are available on the CDC GISP: $92,000 Project areas with greater than 35 Web site, at the following Internet Anticipated Award Date: January 1, cases of P and S Syphilis and a Male to address: www.cdc.gov/od/pgo/ 2005. Female case ratio greater than or equal forminfo.htm. Budget Period Length: 12 months. to 2.5: District of Columbia, Minnesota, If you do not have access to the Project Period Length: 4 years. Virginia, Washington, Philadelphia, Internet, or if you have difficulty Throughout the project period, CDC’s Pennsylvania, New York State, Oregon. accessing the forms on-line, you may commitment to continuation of awards Those project areas previously funded contact the CDC Procurement and will be conditioned on the availability for syphilis elimination activities 1999– Grants Office Technical Information of funds, evidence of satisfactory 2004 who have not reached stable Management Section (PGO–TIM) staff progress by the recipient (as reductions in P and S syphilis for three at: 770–488–2700. Application forms documented in required reports), and years 2001–2003 are: Arkansas, can be mailed to you. the determination that continued Connecticut, Indiana, Kentucky, IV.2. Content and Form of Application funding is in the best interest of the Missouri, Mississippi, Oklahoma, South Submission Federal Government. Carolina, Wisconsin. GISP: Current participants include The program announcement is the III. Eligibility Information Alabama, Arizona, California, Colorado, definitive guide on application format, content, and deadlines. It supersedes III.1. Eligible Applicants Florida, Georgia, Hawaii, Illinois, Louisiana, Minnesota, Missouri, information provided in the application CDC is specifically authorized to Nevada, New Mexico, North Carolina, instructions. If there are discrepancies make grants to state and political Ohio, Oregon, Texas, Washington, between the application form subdivisions of states for research and Baltimore, Philadelphia, San Francisco, instructions and the program demonstration projects for STD Los Angeles, Oklahoma, and Michigan. announcement, adhere to the guidance prevention and control; STD screening, These applicants have the necessary in the program announcement. treatment, and case finding; public infrastructure in place to perform the You must submit a signed original information and education programs for activities required and have the and two copies of your application STD prevention; and education, experience needed to successfully forms. training, and clinical skills complete the required functions. Application: You must include a improvement for the prevention and Additional eligible sites may be added project narrative with your application control of STDs. as funds become available. forms. Your narrative must be submitted CSPS: Eligible applicants for the CSPS A Bona Fide Agent is an agency/ in the following format: • funds are the 65 official public health organization identified by the state as Maximum number of pages: CSPS is agencies that are current recipients of eligible to submit an application under 40, IPP is 20, SE is 20, QEI is five; and project grants for Preventive Health the state eligibility in lieu of a state GISP is five. If your narrative exceeds Services-Sexually Transmitted Disease application. If you are applying as a the page limit, only the first pages Control Grants. These applicants have bona fide agent of a state or local which are within the page limit will be the necessary infrastructure in place to government, you must provide a letter reviewed. • perform the activities required and have from the state or local government as Font size: 12 point unreduced. • the experience needed to successfully documentation behind the first page of Paper size: 8.5 by 11 inches. • complete the required functions. your application form. Page margin size: One inch. IPP: Eligible applicants for the IPP • Printed only on one side of page. funds are the 65 official public health III.2. Cost Sharing or Matching • Held together only by metal clips; agencies that are current recipients of Matching funds are not required for not bound in any other way. project grants for Preventive Health this program. • Number all pages. Services—Sexually Transmitted Disease • Single spaced. Control Grants. These applicants have III.3. Other • Include a complete index with page the necessary infrastructure in place to If you request a funding amount numbers to all parts of the application perform the activities required and have greater than the ceiling of the award and its appendices. the experience needed to successfully range, your application will be Your narrative should address complete the required functions. considered non-responsive and will not activities to be conducted during the SE: Project areas eligible for Syphilis be entered into the review process. You entire project period, and must include Elimination funding are stratified in will be notified that your application the following: three different tiers: (1) Those with did not meet the submission 1. Specific one-year interim targets greater than 100 cases of Primary and requirements. and four-year overall goals. Secondary (P and S) syphilis in 2003; Note: Title 2 of the United States Code 2. The discussion should provide a (2) those with greater than 35 cases of Section 1611 states that an organization rationale for the targets and a P and S and a Male to Female case ratio described in Section 501(c)(4) of the Internal description of how each relates to

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Healthy People 2010 Objectives. of your program including, but not prevention needs, and provide a sound (Reference-http:// limited to, funding you are applying for platform for proposed CSPS, IPP, and www.healthypeople.gov/document/ (CSPS, IPP, SE, and GISP), program’s SE funded activities. The grantee must html/volume2/25stds.htm) mission and purpose, program structure, include the following: The goals should reflect the vision, significant morbidity and other trends, a. An overview and update of priorities and direction of the grantee’s goals of the program for which funding chlamydia, gonorrhea and syphilis STD program during the next four-year is requested, and key activities to meet morbidity and prevalence (where project period. These goals should be these goals. Those applicants choosing appropriate) trends by relevant supported by background and need to participate in the QEI initiative characteristics (e.g., gender, age, race/ descriptions and be consistent with the should also address this initiative in the ethnicity, geography) for the past five goals of the Division of STD Prevention. executive summary. years. Provide current syphilis reactor grid indicating date of last assessment The narrative must include the 2. Background and Need for CSPS, IPP, and modification. Additionally, following items in the order listed: and SE complete the following four tables 1. Executive Summary This section should describe the separately for each of these time Your executive summary should grantee’s total STD program (not just the periods: calendar year 2003 and the first include a clear and succinct description portion which is federally funded), STD six months of 2004.

TABLE 1.—CHLAMYDIA

Number of Chlamydia tests Number of positive tests (List as many as appropriate) (List as many as appropriate) Screening Provider type Test used criteria Females Males Females Males

FP

STD

Prenatal

TABLE 2.—GONORRHEA

Number of Gonorrhea tests Number of positive tests (List as many as appropriate) (List as many as appropriate) Screening Provider type Test used criteria Females Males Females Males

FP.

STD.

Prenatal.

TABLE 3.—MALE PRIMARY AND SECONDARY SYPHILIS CASES

Information about index case Cases with Total num- Number of cases partner Total num- Total num- ber of HIV HIV + & HIV ¥ & HIV Status information* ber of HIV+ ber of HIV¥ status un- MSM** MSM unknown & known MSM

*Partner information is defined as partner information gathered during an interview and/or information gathered from a provider even if the case is not interviewed. **MSM refers to men who have sex with men.

TABLE 4.—FEMALE PRIMARY AND SECONDARY SYPHILIS CASES

Information about Index Case Cases with Partner Number of Cases Information* Total number of Total number of Total number of ¥ HIV status HIV+ HIV unknown

* Partner information is defined as partner information gathered during an interview and/or information gathered from a provider even if the case is not interviewed.

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b. Discussion of significant behavioral priorities as related to each function. 1. Describe collaboration with non- trends of groups affected by STDs (e.g., Assure that each objective is specific, governmental entities, Community- sexual risk, substance abuse, and health measurable, achievable and ambitious, based organizations (CBOs), providers, care seeking); health services delivery relevant, and time bound (SMART). The etc., whose clients are at risk for STDs trends (e.g., number of clinics, patients suggested number of objectives for each to expand access to care. seen, relationships with private essential function is one to three. 2. Describe how the program assures providers) and program management III. Activities: Describe the activities that the clinical services and standards (e.g., organizational structure, funding, that will be conducted to achieve the of care in those settings providing STD federal and local staffing, resource objectives for the next budget period. services are of high quality and limitations) trends over the past five Include in this section any training of consistent with CDC’s guidelines and years. Include any other relevant program staff or external partners recommendations. information or trends that may be major necessary to conduct the activities and 3. Describe screening and counseling factors affecting STD morbidity within achieve the objectives. of persons at risk for STDs in settings your project area. IV. Monitoring Plan: A plan should be where STD services are provided. c. Discussion of community developed that will monitor the Screening criteria should be based on involvement and organizational activities and progress made toward local morbidity. partnerships in planning, meeting the objectives developed for 4. Describe how the program assures implementation and evaluation of each essential function. The plan should the availability of on-site, ‘‘stat’’ program activities including successes, answer the following questions: (immediate) STD laboratory tests obstacles, and barriers. Also describe 1. What is being done? (e.g., strategy, (Clinical Laboratory Improvement collaboration with other governmental intervention,activity) Amendments [CLIA] adherence and non-governmental entities (e.g., 2. By whom? (e.g., staffing) required) in laboratories in public STD regional infertility prevention projects, 3. For whom? (e.g., target population) clinic settings. school-based clinics, correctional 4. How? (e.g., where, when, how 5. Describe how the program assures centers, community planning groups, often, how much) Indian Health Services, tribes, faith- that all laboratories adhere to reporting 5. For what specific benefit(s)? (e.g., based organizations, STD/HIV requirements including the transmission what are the expected results or Prevention Training Centers, AIDS of quality, complete data in a timely outcomes?) Education and Training Centers). manner to providers and the health d. Discussion of Areas of Special 6. What resources are being used? department. Emphasis: Grantees are expected to (e.g., staff, materials, money etc.) There is one performance measure for identify the Areas of Special Emphasis Essential Functions this essential function. Specify baseline to be addressed through program performance, one-year, and four-year Community and Individual Behavior activities and provide a rationale for the goals for the following measure: Change Interventions. Community selections. The grantee must include Proportion of female admittees to Behavior Change is defined as an morbidity, behavioral, or other data/ large juvenile detention facilities tested intervention conducted for more than information to support the rationale. for chlamydia. (See appendix five for one person at any given time while Examples of information to include are: list of proposed large county detention Individual Behavior Change is defined (1) Case rates or prevalence monitoring facilities by project area that project as an intervention conducted one-on- data; (2) data indicating the areas may use in responding to this one. Information on STD prevention demographic characteristics of the measure.) interventions (or strategies) can include groups to be reached; (3) behavioral or The following information regarding abstinence, monogamy, i.e., being other risk data; or (4) documentation of the baseline indicator should be faithful to a single sexual partner, or existing project area activities related to provided: using condoms consistently and the Areas of Special Emphasis chosen. correctly. These approaches can avoid 1. Describe how the baseline was e. Statement of grantee’s one year developed. interim target and four-year overall risk (abstinence) or effectively reduce risk for STD (monogamy, consistent and 2. Describe what data sources were project period goals for each target. used in setting the baseline. Provide a rationale for the targets and a correct condom use). The components of this essential 3. Describe how the data were description of how each relates to analyzed to develop this baseline. Healthy People 2010 Objectives. function are: 1. Describe how the program 4. Describe how the one-year and (Reference: http:// four-year goals were developed. www.healthypeople.gov/document/ implements strategies to target 5. If the data sources needed to html/volume2/25stds.htm) individuals, groups or whole communities to build awareness and establish the baseline level are not 3. CSPS Essential Functions stimulate individual behavior change. available, describe what steps/actions Following are instructions to 2. Describe how the program develops will be conducted in Year One to set the complete this section: networks with experts in the fields of baseline level in Year Two. I. Narrative: Describe and discuss the communication, behavioral and social Partner Services. Partner Services are status of each essential function as science, social marketing and those activities offered to individuals specified under each function. As advertising to further promote STD infected with STDs, their sex partners, appropriate, include information about prevention messages. and other persons who are at increased how the Areas of Special Emphasis Medical and Laboratory Services. risk for infection in an effort to prevent identified in the background section are Medical Services are defined as clinical/ further transmission of disease. The being addressed. diagnostic STD services provided by components are: II. Objectives: List the budget period private and public health care 1. Describe confidential notification, (one year) program objectives for each providers. Laboratory Services are appropriate medical attention, and essential function. They should be defined as STD testing performed at needed referrals for sex partners and consistent with grantee’s program licensed facilities. The components are: other high risk individuals.

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2. Describe risk reduction plans to of purpose and direction. Program days from the date of specimen reduce likelihood of acquiring future Management is defined as overseeing collection. STD/HIV. the implementation of elements created The following information regarding 3. Describe identification of by leadership. Components of this each baseline indicator should be communities at risk by analyzing essential function are: provided: information gathered from interviews 1. Describe program vision to set the 1. Describe how the one-year and conducted with patients, partners, and context in which activities can be four-year goals were developed. others at risk for STD and HIV. implemented. Training and Professional 4. Describe integration or 2. Describe implementation of the Development. Training is defined as a coordination of STD and HIV partner elements created by leadership which set of activities designed to develop services. include assessment, assurance, and specific skills of workers who are There are five performance measures policy development. required to perform public health for this essential function. Specify 3. Describe dissemination and prevention functions or tasks. The baseline performance, and one-year and implementation of national and local training process includes assessment of four-year goals, for the following five guidelines and the delivery of high staff proficiency and identification of measures: quality STD prevention and clinical training needs; delivery of training to 1. Proportion of primary and services. address skill and knowledge secondary syphilis cases interviewed 4. Describe the development of sound deficiencies; and evaluation of the within 7, 14, and 30 calendar days from policy that promotes STD prevention effectiveness of the training on the date of specimen collection. program goals through solid strategic performance. Professional development 2. Number of contacts and operational planning. is a strategy to develop the necessary prophylactically treated or newly 5. Describe the involvement of professional expertise within the diagnosed and treated within 7, 14 and affected communities and other relevant targeted workforce. It is a broader level 30 calendar days from day of interview partners in strategic and operational of commitment to worker development of index case, per case of P and S planning. and might include participation in syphilis. Surveillance and Data Management. informational seminars and in-service 3. Number of ‘‘associates’’ or Surveillance is defined as the ongoing workshops, formal academic education, ‘‘suspects’’ tested, per case of P and S and systematic collection, analysis, and experiential activities which aid in syphilis. interpretation, and dissemination of the growth of workers’ professional 4. Number of ‘‘associates’’ or health data for the purpose of describing expertise. Components of this essential ‘‘suspects’’ treated for newly diagnosed and monitoring disease trends. Data function are: syphilis, per case of P and S syphilis. management is defined as the process of 1. Describe the programs on-going Project areas receiving syphilis collection, analysis, storage, retrieval, systematic assessment of the training elimination funding are not required to and distribution of data. The needs of staff and external partners. report on the following performance components of this essential function 2. Describe how the program measure. For all other project areas, are: identifies ongoing training resources. when providing required information 1. Describe the improvement and 3. Describe opportunities for for this measure, describe how the data maintenance of timely and active data professional development for staff was analyzed to identify the chosen and information systems for monitoring members. priority population(s). STD incidence and prevalence, 4. Describe training for the 5. Proportion of priority gonorrhea especially in high risk populations and professional development of external cases interviewed within 7, 14 and 30 geographic areas. partners including staff and physicians days from the date of specimen 2. Describe your system to detect of private medical settings. collection. Priority population(s) is to be changing patterns, identify populations STD Outbreak Response Plan (not locally determined (e.g., pregnant at risk, and provide surveillance data included in page limitation). All women, women aged 15–19 years, and feedback to program managers, grantees must include an updated STD women of child-bearing age, resistant community health providers, HIV Outbreak Response Plan as an gonorrhea, MSM, etc.) community planning groups, policy attachment. The plan should include The following information regarding makers, family planning partners, standards for surveillance and each baseline performance should be correctional facilities, Managed Care procedures for analysis of data; a provided: Organizations, and the lay public. timetable and schedule for review of 1. Describe how the baseline was There are two performance measures disease trends; the disease thresholds, developed. for this essential function. Baseline for gonorrhea and syphilis at a 2. Describe what data sources were performance for these measures will be minimum, at which the plan is to be used in setting the baseline. provided by CDC. Specify one-year and initiated; the meaningful involvement of 3. Describe how the data were four-year goals for the following two the affected community in the effort; analyzed to develop this baseline. measures. staffing considerations, including 4. Describe how the one-year and 1. Proportion of reported cases of number, disciplinary mix, and specific four-year goals were developed. gonorrhea, chlamydia, P and S syphilis, responsibilities of members of response 5. If the data sources needed to early latent (EL) syphilis, and congenital teams; the notification to CDC; the establish the baseline level are not syphilis sent to CDC via the National evaluation of the effectiveness of the available, describe what steps/actions Electronic Telecommunications System response; and a schedule for the will be conducted in Year One to set the for Surveillance (NETSS) that have periodic review of both the outbreak baseline level in Year Two. complete data for age, race, sex, county, plan and the surveillance system Leadership and Program and date of specimen collection. attributes. Management. Leadership is defined as 2. Proportion of reported cases of providing the vision and context in gonorrhea, chlamydia, P and S syphilis, 4. Quality Evaluation Initiative which management activities are EL syphilis, and congenital syphilis sent The Quality Initiative, a new implemented. It provides a clear sense to CDC via NETSS within 30 and 60 component, is intended to assist

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grantees in building local evaluation partners. The application must include 6. What resources are being used? capacity by improving knowledge and a recently dated letter that provides (e.g., staff, materials, money, etc.) skill in the area of program evaluation evidence of collaboration and indicates IPP Core Components: Include a as practically applied to the CSPS. Self- the percentage (at least 50 percent) of description of each of the five IPP core selected grantees are given the IPP funds that will support screening components within your narrative. opportunity to develop plans to conduct and treatment of women and their sex Clinical Services an in-depth, science-based evaluation. It partners in Title X family planning • is an opportunity for a grantee to closely settings. If the funds are less than 50 Describe how the program is examine a program intervention to percent, justification must be provided targeting/expanding chlamydia determine its strengths and weaknesses, in the letter. The STD and the screening to young sexually active its benefits, and its future direction. In designated Title X family planning women and men at risk for infection in addition, grantees will be provided representative must jointly sign the family planning, STD and other settings technical assistance by the Division to letter. including, but not limited to, Indian assist in the development, The project area must provide the Health Service sites, migrant and implementation, and execution of this Regional IPP Coordinator a draft copy of community health centers, adolescent initiative. During the project period, the the CSPS Background section, IPP plan, clinics, school-based facilities, and grantee will have an opportunity to juvenile detention centers. and IPP budget in sufficient time to • closely examine a program intervention provide feedback prior to local Describe counseling and education to determine its strengths and clearance. Any comments from the strategies to prevent and control weaknesses, its benefits, and its future Regional IPP Coordinator received seven chlamydia and gonorrhea including (a) direction. days before submission to local the importance of partner referral and To express interest in pursuing this clearance should be considered by the treatment, (b) the impact of untreated quality evaluation initiative the grantee project area for incorporation in the chlamydia and repeat chlamydial should address the following items in application. infections on future fertility and (c) their application. The following are instructions to information on STD prevention methods a. Describe any current program complete this section. (or strategies) such as abstinence, evaluation and quality improvement I. Narrative: Describe and discuss the monogamy, i.e., being faithful to a single activities the program has or is currently status of each IPP core component. As sexual partner, or using condoms conducting. consistently and correctly. appropriate, include information about • b. Select and briefly describe the how the Areas of Special Emphasis Describe monitoring of treatment rationale for selection of ONE program identified in the background section are success. • Describe monitoring of partner intervention to be evaluated. being addressed. c. List the most important questions to testing and treatment. II. Objectives: List the budget period be answered (what does the grantee • Describe monitoring of regional (one year) program objectives for each want to learn about the intervention). screening guidelines, protocols, and d. Describe what technical assistance IPP core component. The objectives other quality assurance activities. your project would need to conduct an should be consistent with and address Expanded Clinical Services: (If evaluation. relevant priority areas as outlined in the funding allows, describe one or more of 2003 Regional IPP Plan Guidance. the components below.) 5. Infertility Prevention Plan Assure that each objective is SMART. • Describe how chlamydia screening A comprehensive program plan for The suggested number of objectives for among private sector providers is infertility prevention should be each core component is one to three. promoted. developed based on access to III. Activities: Describe the required • Describe monitoring of screening populations at risk, prevalence of activities to achieve the objectives coverage in family planning and STD disease, and available resources (federal, related to the five IPP core components clinics (i.e., the number of eligible state, local, and private). Project areas for the next budget period (one year). women screened divided by the number are expected to develop a program plan Report on all relevant activities of eligible women being seen at a site). that uses the most cost-effective regardless of funding source. Activities • Describe screening women for approaches available and provide a supported with IPP funds should be gonorrhea (see budget section for rationale for the approach selected. To clearly identified and reported funding restrictions). To use IPP funds improve cost-effectiveness, programs are separately. Progress reports should be for this purpose, the grantee must encouraged to expand screening to shared with members of the regional describe gonorrhea positivity data of adolescent women in settings with a advisory committee to keep them one percent or greater at the provider female prevalence of chlamydia greater abreast of program successes and sites where services are to be supported. than two percent (family planning shortfalls. Pending further guidance from CDC, a clinics, STD clinics, adolescent health IV. Monitoring Plan: A plan should be site-specific or age-specific gonorrhea clinics, Indian Health Service sites, developed that will monitor the prevalence should equal or exceed one community health centers, school-based activities and progress made toward percent. Other supporting prevalence health centers, and juvenile detention meeting the objectives developed for monitoring data should be included for centers) before screening males. In each IPP core component. The plan each population or clinic site that can general, screening men is not cost- should answer the following questions: substantiate the need for using IPP effective unless the prevalence in the 1. What is being done? (e.g., strategy, funds. men screened is substantially higher intervention, activity) • Describe male chlamydia screening than the prevalence in women who can 2. By whom? (e.g., staffing) activities (see budget section for funding be screened (such as seven percent in 3. For whom? (e.g., target population) restrictions). To use IPP funds for this men vs two percent in women). 4. How? (e.g., where, when, how purpose, the grantee must quantify and Project area IPP program plans must often, how much) describe any other male screening be developed in collaboration with 5. For what benefit? (e.g., what are the activities conducted with other funds family planning (FP) and laboratory expected results or outcomes?) that are occurring in the project area;

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describe what type of activity will be Expanded Surveillance and Data 1. What is being done? (e.g., strategy, undertaken and type of facility; and Management Component: (If funds are intervention, activity) submit core IPP data elements to available) 2. By whom? (e.g., staffing) regional coordinator. • Describe local information systems 3. For whom? (e.g., target population) There are two performance measures used to collect enhanced IPP data 4. How? (e.g., where, when, how for this IPP Core Component. Specify elements. often, how much) baseline performance, and one-year and Program Management and 5. For what specific benefit? (e.g., four-year goals for the following two Leadership: what are the expected results or measures: • Describe participation in the outcomes?) 1. Among clients of IPP family regional IPP advisory committee and 6. What resources are being used? planning clinics, the proportion of collaboration with state family planning (e.g., staff, materials, money, etc.) women with positive chlamydia tests and public health laboratory partners. Five Strategies to Eliminate Syphilis that are treated within 14 and 30 days • Describe how information about the There are five strategies listed in the of the date of specimen collection. regional project is disseminated to local 2. Among clients of IPP family areas. National Plan to Eliminate Syphilis planning clinics, the proportion of • Describe how the project area from the United States. HMAs must women with positive gonorrhea tests adheres to regionally developed address all five strategies. that are treated within 14 and 30 days protocols (when not in conflict with 1. Enhanced Surveillance local policy). of the date of specimen collection. a. Describe how you will enhance the The following information regarding Expanded Program Management and project area surveillance system to plan, baseline performance for each measure Leadership: (If funds allow, describe the following) implement and evaluate syphilis should be provided: • elimination activities. This should 1. Describe how the baseline was Describe strategies to optimize include a description of how case developed. program resources (e.g., increasing non- 2. Describe what data sources were federal contribution to project; reporting systems have been enhanced used in setting the baseline. improving program efficiency by and how the systems have been used to 3. Describe how the data were increasing use of electronic reporting or estimate the burden of disease, define analyzed to develop this baseline. reducing laboratory costs; negotiating local epidemiology, monitor trends, 4. Describe how the one-year and lower test or treatment costs; expanding monitor time frames for reporting four-year goals were developed. third party reimbursement; or other consistent with those in the National 5. If the data sources needed to efforts to increase program resources Plan, identify high priority populations, establish the baseline level are not during the reporting period). identify gaps in health care and prevention intervention opportunities, available, describe what steps/actions Provider Training will be conducted in Year One to set the design and evaluate interventions, and baseline level in Year Two. If not addressed in the CSPS training allocate resources. section, describe training efforts that b. Describe syphilis prevalence Laboratory Support support implementation of the IPP and monitoring activities as outlined in the • Describe tests used for chlamydia how training needs are assessed. ‘‘Recommendations for Public Health and gonorrhea screening including Surveillance of Syphilis in the United 6. Syphilis Elimination (applies only to States’’ and how these data have been criteria for confirmation testing. HMA applicants) • Describe quality assessment used to evaluate the yield of screening practices to monitor performance of Following are the instructions to programs, monitor disease burden and laboratories. complete this section: trends, identify priority populations, • Describe how compliance to I. Narrative: Describe and discuss the evaluate case reporting data, design regional turnaround time standards is current status of each SE strategy. As interventions, and allocate resources. monitored. appropriate, include information about There are two performance measures • Describe how specimen adequacy is how the Areas of Special Emphasis for this component. Specify baseline monitored. identified in the Background section are performance, and one-year and four- • Describe methods to increase test being addressed. year goals for the following two sensitivity where appropriate (e.g., II. Objectives: List the budget period measures: additional testing within negative gray program (one year) objectives for each 1. Proportion of providers or zone). SE strategy. The objectives should partnerships delivering continuing care • Describe methods to improve test reflect your program’s primary focus as for >50 HIV+ individuals, who have specificity and improve positive it relates to each of the five strategies. written protocols for screening those predictive value. Assure that the objectives are SMART. clients for syphilis. The suggested number of objectives for 2. Proportion of female admittees Surveillance and Data Management each SE strategy is one to three. entering selected project area adult city • Describe local information systems III. Activities: Describe the activities and county jails that were tested for used to collect all elements of the that will be conducted to achieve the syphilis. (See appendix four for the list regional IPP core data set. objectives for the next budget period. of ten adult city and 29 selected county • Describe how the project area is Include in this section any training of jails) using data for program planning. program staff or external partners The following information regarding • Describe how adherence to regional necessary to conduct the activities and each baseline indicator should be or locally developed screening criteria is achieve the objectives. provided: monitored. IV. Monitoring Plan: A plan should be 1. Describe how the baseline was • Describe quality assurance activities developed that will monitor the developed. to monitor completeness and timeliness activities and progress made toward 2. Describe what data sources were of submission of chlamydia and meeting the objectives developed for used in setting the baseline. gonorrhea prevalence monitoring data to each SE strategy. The plan should 3. Describe how the data were regional coordinators. answer the following questions: analyzed to develop this baseline.

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4. Describe how the one-year and Recipients must be able to provide intends to reach a goal of 25 isolates per four-year goals were developed. accessible and timely client-centered month. 5. If the data sources needed to counseling, screening and treatment • Describe procedures for isolate establish the baseline level are not services in sites frequented by priority collection, handling and shipping. available, describe what steps/actions populations. • Describe patient data applicant will be conducted in Year One to set the b. Working with community and intends to collect and the plan for baseline level in Year Two. institutional partners, grantees must submitting data to CDC in a timely fashion. 2. Strengthened Community determine which of the following • Where appropriate, describe Involvement and Organizational essential interventions are needed to procedures for determining beta- Partnerships assure elimination of syphilis in their local situation. Recipients must be able lactamase production and antimicrobial a. Describe assessment activities that to execute and evaluate the identified susceptibilities of GISP isolates. • include members of the affected interventions. Interventions include: (1) Where appropriate, discuss communities to determine the non- Enhanced clinical and laboratory timeliness of isolate testing and governmental, community-based, health services to assure high quality, submission of results, storage or and non-health agencies, and accessible biomedical services; (2) duplicate isolates, use of control strains, institutions that should be involved in screening in priority population settings proficiency testing, and timeliness of the development of the syphilis that are determined by each project area CASPIR isolate submission. elimination plan. This should include a based on current data analyses and description of how community 8. Budget and Budget Justifications (Not input from community partners (settings Included in Page Limit) coalitions and other partners are could include HIV prevention clinics, An individual line-item budget and involved to (1) review the epidemiology corrections, drug treatment, emergency budget justification must be submitted of syphilis and the social and rooms, homeless shelters, local for each funding source for which your institutional context of its persistence communities, and other community program is applying. The budget and and (2) design and implement locally appropriate settings); (3) improved justifications should reflect year one of relevant, enhanced syphilis prevention partner services, including partner operation. All requested costs should be interventions and control services notification, identification and consistent with program objectives and identified by community assessment provision of services within social- activities, especially those related to activities. sexual networks, and high quality b. Describe how current STD and HIV requests for personnel, and contracts. disease investigation services linking to prevention activities in the project area For all contracts, provide: (1) Name of quality clinical and counseling services; and other relevant healthcare and non- contractor, (2) period of performance, and (4) community-based services for health sector activities (e.g., HIV care (3) method of selection (e.g., priority populations. Community-based providers, community health centers, competitive or sole source), (4) services should include access to faith communities, substance abuse description of activities, (5) reason for disease screening and treatment, referral treatment) are being integrated in the contracting activities, and (6) itemized for other clinical services as syphilis elimination plan. Describe budget. For personnel requests, include appropriate, outreach to priority activities to increase partnerships to the following: Name, position title, populations, prevention education, and improve the availability of and salary, percentage of effort, and amount condom distribution. accessibility to quality preventive care requested. For non-federal resources: services for high priority populations. If 5. Enhanced Health Promotion Document the resources expended (see obstacles or barriers exist describe the Form 424A, Section C, Non-Federal a. Expand community and individual situation and activities to overcome the Resources). Grantees must complete risk reduction interventions to lower the situation. appendix number four, Table of staff acquisition and transmission of syphilis percentage of time spent on HIV 3. Syphilis Outbreak Response Plan through delivery of theory-based activities and appendix number five, behavior change interventions targeting In addition to addressing syphilis in Table of state and local contributions to priority populations. the STD Outbreak Response Plan STD prevention efforts. Funding b. Develop systematic communication (required appendix), the grantee should restrictions, which must be taken into and media strategies (print, television, provide a rationale for the area-specific account while writing your budget, are radio and local CBO outreach activities syphilis threshold cited in the Plan. The listed in section ‘‘IV.5. Funding to assure dissemination of syphilis grantee should also briefly describe Restrictions’’ of this announcement. whether their Outbreak Response Plan elimination messages. Note: Any information systems had been activated and evaluated for the Note: Information on syphilis prevention development supported through this period of time between January 2003 methods (or strategies) can include cooperative agreement should be done and June 2004. For example, How well abstinence, monogamy, i.e., being faithful to according to the Public Health Information did it work? Was it necessary to modify a single sexual partner, or using condoms Network (PHIN) architecture specifications. the plan? What were the outcomes of consistently and correctly. These approaches The creation of standards-based, activating the plan and related can avoid risk (abstinence) or effectively interoperable public health information reduce risk for syphilis (monogamy, systems is the goal of these specifications. interventions? (e.g., increased consistent and correct condom use). awareness, reduced incidence, what Two of the chief components of the PHIN methodology was used to evaluate the initiative are affected by or affect almost any 7. Gonococcal Isolate Surveillance information systems development project activation of the plan?) Program (Applies Only to GISP and special attention should be paid to them. 4. Expanded Clinical and Laboratory Applicants) These are standard messaging (data Services exchange) formats and content and standard Provide a narrative that includes the vocabulary code sets. Examples of projects a. Develop, implement, and evaluate following: heavily affected by these components are enhanced syphilis prevention • Describe enrollment strategy. surveillance systems developed according to interventions and control systems. Specifically, describe how applicant National Electronic Disease Surveillance

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System (NEDSS) standards and Laboratory guarantee for delivery by the closing IPP Information Management System (LIMS) date and time, or (2) significant weather implementations. For more information on 1. In consultation with the Project delays or natural disasters, you will be Area’s Title X family planning Public Health Information Network (PHIN), given the opportunity to submit the PHIN architecture, PHIN messaging, and grantee(s), at least 50 percent of the total PHIN standards, functions, and documentation of the carriers guarantee. IPP funds must be directed to support specifications, go to http:// If the documentation verifies a carrier screening of women and their partners www.cdc.gov.phin/. problem, CDC will consider the in Title X family planning programs. application as having been received by The level of support must be Additional information must be the deadline. included in the application appendices. documented in a current letter signed by This announcement is the definitive The appendices will not be counted the STD Director and the designated guide on application format, content, toward the narrative page limit. This Title X family planning grantee and deadlines. It supersedes additional information includes: representative. If less than 50 percent (of information provided in the application 1. Curriculum Vitae of Project the funds), the letter must include an instructions. If your application does Director. explanation of the alternate 2. Syphilis Reactor Grid. not meet the deadline above, it will not arrangement. 3. Outbreak Response Plan. be eligible for review, and will be 2. Up to ten percent of the total IPP 4. IPP letter of support. discarded. You will be notified that funds can be used to support gonorrhea 5. Table 1. Percentage Direct your application did not meet the screening of women. The collaboration Assistance/Financial Assistance (DA/ submission requirements. letter from the STD Program Director FA) Staff Time Attributed to STD and CDC will not notify you upon receipt and Title X designated representative HIV Activities. of your application. must indicate how the Title X Family 6. Table 2. State and Local If you have a question about the Planning partner(s) was involved in Contribution for STD Prevention by receipt of your application, first contact these decisions. The grantee must Budget Category. your courier. If you still have a question, include a detailed budget that delineates You are required to have a Dun and contact the PGO–TIM staff at: 770–488– the amount of IPP funds allocated for Bradstreet Data Universal Numbering 2700. Before calling, please wait two to gonorrhea screening activities. System (DUNS) number to apply for a three days after the application 3. Up to 20 percent of the total IPP grant or cooperative agreement from the deadline. This will allow time for funds can be used to support male Federal government. The DUNS number applications to be processed and logged. screening. The collaboration letter from is a nine-digit identification number, IV.4. Intergovernmental Review of the STD Program Director and Title X which uniquely identifies business Applications designated representative must indicate entities. Obtaining a DUNS number is how the Title X Family Planning easy and there is no charge. To obtain Your application is subject to partner(s) was involved in these a DUNS number, access Intergovernmental Review of Federal decisions. The grantee must include a www.dunandbradstreet.com or call 1– Programs, as governed by Executive detailed line item budget that delineates 866–705–5711. Order (EO) 12372. This order sets up a the amount of IPP funds allocated for For more information, see the CDC system for state and local governmental male screening and treatment activities. Web site at: http://www.cdc.gov/od/pgo/ review of proposed federal assistance 4. IPP funds can be used to support funding/pubcommt.htm. If your applications. You should contact your testing, treatment and counseling application form does not have a DUNS state single point of contact (SPOC) as services provided to the partners of number field, please write your DUNS early as possible to alert the SPOC to individuals with chlamydia. However, number at the top of the first page of prospective applications, and to receive support of Disease Intervention your application, and/or include your instructions on your state’s process. Specialists for these partner services is DUNS number in your application cover Click on the following link to get the restricted pending the development of letter. current SPOC list: http:// CDC guidance regarding such services. Additional requirements that may www.whitehouse.gov/omb/grants/ SE require you to submit additional spoc.html. 1. HMAs may use funds for documentation with your application IV.5. Funding Restrictions are listed in the ‘‘Administrative and infrastructure development to support National Policy Requirements’’ section Funding restrictions, which must be syphilis elimination activities. of this announcement. taken into account while writing your 2. Thirty percent of funds must be budget, are as follows: awarded to community organizations IV.3. Submission Dates and Times that serve affected populations. CSPS Application Deadline Date: Community organizations are those that September 15, 2004. 1. Grant funds may be used for costs are within reasonably circumscribed Explanation of Deadlines: associated with organizing and geographic areas in which there is a Applications must be received in the conducting STD Prevention activities sense of interdependence and CDC Procurement and Grants Office by described in the Application Structure belonging. These organizations have 4 p.m. Eastern Time on the deadline and Content section of this access to, and history and social date. If you send your application by the announcement. Funds cannot be used to credibility with, persons and groups United States Postal Service or supplant existing state or local funds. affected by syphilis. They are able to commercial delivery service, you must 2. When federal funds are used to provide culturally competent and ensure that the carrier will be able to develop or purchase STD health relevant interventions. Grantees must guarantee delivery of the application by education materials, they shall contain report on activities of these funded the closing date and time. If CDC medically accurate information organizations in future project period receives your application after closing regarding the effectiveness or lack of progress reports. due to: (1) Carrier error, when the effectiveness in preventing the STD the If you are requesting indirect costs in carrier accepted the package with a materials are designed to address. your budget, you must include a copy

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of your indirect cost rate agreement. If experience and other relevant recipient fiscal officer identified in the your indirect cost rate is a provisional experience? Does the applicant clearly application. rate, the agreement must be less than 12 state a commitment to produce a high Unsuccessful applicants will receive months of age. quality evaluation product? notification of the results of the Awards will not allow reimbursement The following review criteria apply to application review by mail. of pre-award costs. GISP: VI.2. Administrative and National Guidance for completing your budget 1. Enrollment strategy (40 points) Policy Requirements can be found on the CDC website, at the Does the applicant describe an following Internet address: http:// enrollment strategy that demonstrates 45 CFR Part 74 or Part 92 www.cdc.gov/od/pgo/funding/ likelihood that goal of 25 isolates per For more information on the Code of budgetguide.htm. month will be reached? Federal Regulations, see the National IV.6. Other Submission Requirements 2. Procedures (40 points) Archives and Records Administration at Does the applicant describe the following Internet address: http:// Application Submission Address appropriate procedures for isolate www.access.gpo.gov/nara/cfr/cfr-table- Submit the original and two hard collection, handling and shipping? Does search.html. copies of your application by mail or the applicant describe, if applicable, The following additional express delivery service to: Technical procedures for determining beta- requirements apply to this project: Information Management–PA# 05004, lactamase production and antimicrobial • AR–1 Human Subjects CDC Procurement and Grants Office, susceptibilities of GISP isolates? Does Requirements. 2920 Brandywine Road, Atlanta, GA the applicant discuss, if applicable, • AR–2 Requirements for Inclusion 30341. timeliness of isolate testing and of Women and Racial and Ethnic Applications may not be submitted submission of results, storage or Minorities in Research. electronically at this time. duplicate isolates, use of control strains, • AR–7 Executive Order 12372. proficiency testing, and timeliness of • V. Application Review Information AR–8 Public Health System CDC and ATSDR Specimen Packaging, Reporting Requirements. V.1. Criteria Inventory, and Repository (CASPIR) • AR–10 Smoke-Free Workplace isolate submission. You are required to provide measures Requirements. 3. Data plan (20 points) of effectiveness that will demonstrate • AR–11 Healthy People 2010. Does the applicant describe data to be the accomplishment of the various • AR–12 Lobbying Restrictions. collected and plan for timely identified objectives of the grant. • AR–14 Accounting System submission of data? Measures of effectiveness must relate to Requirements. 4. Budget (not scored) the performance goals stated in the • AR–22 Research Integrity. ‘‘Purpose’’ section of this V.2. Review and Selection Process • AR–23 States and Faith-Based announcement. Measures must be Organizations. Applications will be reviewed for • AR–24 Health Insurance objective and quantitative, and must completeness by the Procurement and measure the intended outcome. These Portability and Accountability Act Grants Office (PGO) staff and for Requirements. measures of effectiveness must be responsiveness by NCHSTP, Division of submitted with the application and will Additional information on these STD Prevention. Incomplete requirements can be found on the CDC be an element of evaluation. applications that are non-responsive to All applications will receive a Web site at the following Internet the eligibility criteria will not advance technical acceptability review (TAR). address: http://www.cdc.gov/od/pgo/ through the review process. Applicants Your application will be evaluated funding/ARs.htm. will be notified that their application against the criteria listed in ‘‘Section did not meet submission requirements. VI.3. Reporting Requirements IV.2. Content and Form of Application An objective review panel will Submission’’ of this announcement. You must provide CDC with an evaluate complete and responsive The following review criteria apply to original, plus two copies of the applications according to the criteria the QEI: following reports: 1. Plan Description (60 points) listed in the ‘‘V.1. Criteria’’ section 1. Interim progress report is due on or Does the applicant describe a plan to above. before September 15 of each year. The identify and develop an evaluation of V.3. Anticipated Announcement and progress report will serve as your non- one program activity using an Award Date competing continuation application, appropriate framework, e.g., CDC’s and must contain the following Anticipated award date is January 1, Framework for Program Evaluation in elements: 2005. Public Health Practice, that is specific to a. Current Budget Period Activities STD prevention and control? Is the plan VI. Award Administration Information Objectives. complete, sound, practical, and able to b. Current Budget Period Financial VI.1. Award Notices be generalized to other STD prevention Progress. programs. Successful applicants will receive a c. New Budget Period Program 2. Capacity (40 points) Notice of Grant Award (NGA) from the Proposed Activity Objectives. Does the applicant provide a staffing CDC Procurement and Grants Office. d. Detailed Line-Item Budget and plan that demonstrates an The NGA shall be the only binding, Justification. understanding of the labor requirements authorizing document between the e. Additional Requested Information. for this activity including staff recipient and CDC. The NGA will be The following data tables are required member(s) name with resume or signed by an authorized Grants for the first six months of the budget summary of their program evaluation Management Officer, and mailed to the period.

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TABLE 1.—CHLAMYDIA

Number of Chlamydia tests Number of positive tests (List as many as appropriate) (List as many as appropriate) Screening Provider type Test used criteria Females Males Females Males

FP.

STD.

Prenatal.

TABLE 2.—GONORRHEA

Number of Gonorrhea tests Number of positive tests (List as many as appropriate) (List as many as appropriate) Screening cri- Provider type Test used teria Females Males Females Males

FP.

STD.

Prenatal.

TABLE 3.—MALE PRIMARY AND SECONDARY SYPHILIS CASES

Information about Index Case Cases with Total num- Number of cases partner Total num- Total num- ber of HIV HIV + & HIV¥ & HIV status information* ber of HIV+ ber of HIV¥ Status MSM MSM unknown & Unknown MSM

* Partner information is defined as partner information gathered during an interview and/or information gathered from a provider even if the case is not interviewed.

TABLE 4.—FEMALE PRIMARY AND SECONDARY SYPHILIS CASES

Information about Index Case Number of cases Cases with partner Total number of information* Total number of Total number of HIV status HIV + HIV unknown

* Partner information is defined as partner information gathered during an itnerview and/or information gathered from a provider even if the case is not interviewed.

f. Measures of Effectiveness. The of index case, per case of P and S 7. Proportion of reported cases of following performance measures are syphilis. gonorrhea, chlamydia, P and S syphilis, required for the first six months of the 4. Number of ‘‘associates’’ or EL syphilis, and congenital syphilis sent budget period. ‘‘suspects’’ tested, per case of P and S to CDC via NETSS that have complete 1. Proportion of female admittees to syphilis. data for age, race, sex, county, and date large juvenile detention facilities tested 5. Number of ‘‘associates’’ or of specimen collection. for chlamydia. ‘‘suspects’’ treated for newly diagnosed 8. Proportion of reported cases of 2. Proportion of primary and syphilis, per case of P and S syphilis. gonorrhea, chlamydia, P and S syphilis, secondary (P and S) syphilis cases 6. Proportion of ‘‘priority’’ gonorrhea EL syphilis, and congenital syphilis sent interviewed within 7, 14, and 30 cases interviewed within 7, 14 and 30 to CDC via NETSS within 30 and 60 calendar days from the date of specimen days from the date of specimen days from the date of specimen collection. collection. Priority population(s) is to be collection. 3. Number of contacts locally determined (e.g., pregnant 9. Among clients of IPP family prophylactically treated or newly women, women aged 15–19 years, planning clinics, the proportion of diagnosed and treated within 7, 14 and women of child-bearing age, resistant women with positive CT tests that are 30 calendar days from day of interview gonorrhea, MSM, etc.)

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treated within 14 and 30 days of date of Dated: July 15, 2004. There are no Capital Costs to report. specimen collection. William P. Nichols, There are also no Operating and/or 10. Among clients of IPP family Acting Director, Procurement and Grants Maintenance Costs to report. planning clinics, the proportion of Office, Centers for Disease Control and Request for Comments: Written women with positive gonorrhea tests Prevention. comments and/or suggestions from the that are treated within 14 and 30 days [FR Doc. 04–16545 Filed 7–20–04; 8:45 am] public and affected agencies are invited of date of specimen collection. BILLING CODE 4163–18–P on one or more of the following points: 11. Proportion of providers or (1) Whether the proposed collection or partnerships delivering continuing care information is necessary for the proper for >50 HIV+ individuals, who have DEPARTMENT OF HEALTH AND performance of the function of the written protocols for screening those HUMAN SERVICES agency, including whether the clients for syphilis. information will have practical utility; 12. Proportion of female admittees National Institutes of Health (2) the accuracy of the agency’s estimate entering selected project area adult city of the burden of the proposed collection and county jails that were tested for Submission for OMB Review; of information, including the validity of syphilis. Comment Request; Case-Cohort Study the methodology and assumptions used; 2. Financial status report is due of Cancer and Related Disorders (3) ways to enhance the quality, utility, March 31 of each year. Among Benzene-Exposed Workers in and clarity of the information to be 3. Final financial and performance China (OMB No. 0925–0454) collected; (4) ways to minimize the reports, no more than 90 days after the SUMMARY: In compliance with the burden of the collection of information end of the project period. requirement of section 3506(c)(2)(A) of on those who are to respond, including These reports must be sent to the the Paperwork Reduction Act of 1995, the use of appropriate automated, Grants Management Specialist listed in for the opportunity for public comment electronic, mechanical, or other the ‘‘Agency Contacts’’ section of this on the proposed data collection projects, technological collection techniques or announcement. the National Cancer Institute (NCI), the other forms of information technology. VII. Agency Contacts National Institutes of Health (NIH) will FOR FURTHER INFORMATION CONTACT: To publish periodic summaries of proposed request more information on the For general questions about this projects to be submitted to the Office of proposed project or to obtain a copy of announcement, contact: Technical Management and Budget (OMB) for the data collection plans and Information Management Section, CDC review and approval. instruments, contact: Dr. Richard Hayes, Procurement and Grants Office, 2920 Project Officer, OEB/EBP/DCEG/NCI Brandywine Road, Atlanta, GA 30341, Proposed Collection 6120 Executive Blvd., EPS Room 8114, Telephone: 770–488–2700. Title: Case-Cohort Study of Cancer Bethesda, MD 20892–7364, or call non- For program technical assistance, and Related Disorders Among Benzene- toll-free number 301–435–3974 or fax contact: Kim Seechuk, Deputy Branch Exposed Workers in China. your request to 301–402–1819 or e-mail Chief, Program Development and Type of Information Collection: your request, including your address to: Support Branch, Division of STD Revised. [email protected]. Prevention, 1600 Clifton Road, MS E– Need and Use of Information: A case- Comments Due Date: Comments 27, Atlanta, GA 30333, Telephone: 404– cohort study will examine the regarding this information collection are 639–8339, E-mail: [email protected]. best assured of having their full effect if For financial, grants management or relationship between exposure to benzene and the risk of received within 60 days of the date of budget assistance, contact: Gladys this publication. Gissentanna, Grants Management lymphohematopoietic malignancies and Specialist, CDC Procurement and Grants related disorders, benzene poisoning, Dated: July 13, 2004. Office, 2920 Brandywine Road, Atlanta, and lung cancer in Chinese workers. Rachelle Ragland Greene, GA 30341, Telephone: 770–488–2753, Cases and controls will be selected from NCI Project Clearance Liaison, National E-mail: [email protected]. participants in a cohort study of Institutes of Health. benzene-exposed and unexposed [FR Doc. 04–16517 Filed 7–20–04; 8:45 am] VIII. Other Information workers in China. The data will be used BILLING CODE 4140–01–M Appendices can be found with this by NCI to examine risk among workers announcement on the CDC Web site at exposed at low levels of benzene http://www.cdc.gov/od/pgo/funding/ exposure, and to characterize the dose DEPARTMENT OF HEALTH AND grantmain.htm Appendix contains: and time-specific relationship between HUMAN SERVICES (1) Description of SMART Objectives benzene exposure and disease risk. (2) Quality Initiative: Examples of Frequency of Response: One-time National Institutes of Health Interventions to Evaluate study. Affected Public: Individuals or National Cancer Institute; Notice of (3) Outline for Grant Application Closed Meeting (4) List of 21 adult city and 30 households. selected county jails Type of Respondents: Workers. Pursuant to section 10(d) of the (5) Percentage DA/FA Staff Time The annual reporting burden is as Federal Advisory Committee Act, as Attributed to STD and HIV Activities follows: amended (5 U.S.C. appendix 2), notice (6) State and Local Contribution for Estimated Number of Respondents: is hereby given of the following STD Prevention by Budget Category 2156. meeting. See http://www.nchstp.cdc.gov/std/ Estimated Number of Responses per The meeting will be closed to the for: (1) Division of STD Program Respondent: One. public in accordance with the Operations Guidelines, (2) National Plan Average Burden Hours per Response: provisions set forth in sections to Eliminate Syphilis from the United 0.37 552b(c)(4) and 552b(c)(6), title 5 U.S.C., States, and (3) Regional Infertility Plan Estimated Total Annual Burden as amended. The grant applications and Guidance. Hours Requested: 317. the discussions could disclose

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confidential trade secrets or commercial for Detection and Quantification of Viral Programs Review Branch, Division of property such as patentable material, Antibodies’’. Extramural Activities, National Cancer and personal information concerning Date: August 4, 2004. Institute, National Institutes of Health, 6116 individuals associated with the grant Time: 1 p.m. to 4 p.m. Executive Boulevard, Rm 8115, Bethesda, Agenda: To review and evaluate contract MD 20892, (301) 496–7413. applications, the disclosure of which proposals. would constitute a clearly unwarranted Place: National Institutes of Health, 6116 (Catalogue of Federal Domestic Assistance invasion of personal privacy. Executive Boulevard, Rockville, MD 20852 Program Nos. 93.392, Cancer Construction; (Telephone Conference Call). 93.393, Cancer Cause and Prevention Name of Committee: National Cancer Research; 93.394, Cancer Detection and Institute Initial Review Group; Subcommittee Contact Person: Gerald G. Loving, PhD, Scientific Review Administrator, Special Diagnosis Research; 93.395, Cancer D—Clinical Studies. Treatment Research; 93.396, Cancer Biology Date: August 4–5, 2004. Review and Resources Branch, Division of Extramural Activities, National Cancer Research; 93.397, Cancer Centers Support; Time: 8 a.m. to 2 p.m. 93.398, Cancer Research Manpower; 93.399, Agenda: To review and evaluate grant Institute, National Institutes of Health, 6116 Executive Boulevard, Room 8101, Rockville, Cancer Control, National Institutes of Health, applications. HHS) Place: Holiday Inn Select Bethesda, 8120 MD 20892–7405, 301/496–7987. Dated: July 13, 2004. Wisconsin Ave, Bethesda, MD 20814. (Catalogue of Federal Domestic Assistance Contact Person: William D. Merritt, PhD, Program Nos. 93.392, Cancer Construction; LaVerne Y. Stringfield, Scientific Review Administrator, Research 93.393, Cancer Cause and Prevention Director, Office of Federal Advisory Programs Review Branch, National Cancer Research; 93.394, Cancer Detection and Committee Policy. Institute, Division of Extramural Activities, Diagnosis Research; 93.395, Cancer [FR Doc. 04–16499 Filed 7–20–04; 8:45 am] 6116 Executive Blvd., 8th Floor, Bethesda, Treatment Research; 93.396, Cancer Biology BILLING CODE 4140–01–M MD 20892–8328, 301–496–9767, Research; 93.397, Cancer Centers Support; [email protected]. 93.398, Cancer Research Manpower; 93.399, (Catalogue of Federal Domestic Assistance Cancer Control, National Institutes of Health, DEPARTMENT OF HEALTH AND Program Nos. 93.392, Cancer Construction; HHS) HUMAN SERVICES 93.393, Cancer Cause and Prevention Dated: July 13, 2004. Research; 93.394, Cancer Detection and LaVerne Y. Stringfield, Diagnosis Research; 93.395, Cancer National Institutes of Health Treatment Research; 93.396, Cancer Biology Director, Office of Federal Advisory Research; 93.397, Cancer Centers Support; Committee Policy. National Cancer Institute; Notice of 93.398, Cancer Research Manpower; 93.399, [FR Doc. 04–16496 Filed 7–20–04; 8:45 am] Closed Meeting Cancer Control, National Institutes of Health, BILLING CODE 4140–01–M HHS) Pursuant to section 10(d) of the Federal Advisory Committee Act, as Dated: July 13, 2004. DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice LaVerne Y. Stringfield, HUMAN SERVICES is hereby given of the following Director, Office of Federal Advisory meeting. Committee Policy. National Institutes of Health The meeting will be closed to the [FR Doc. 04–16493 Filed 7–20–04; 8:45 am] public in accordance with the National Cancer Institute; Notice of BILLING CODE 4140–01–M provisions set forth in sections Closed Meeting 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Pursuant to section 10(d) of the as amended. The contract proposals and DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as the discussions could disclose HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial property such as patentable material, National Institutes of Health is hereby given of the following meeting. and personal information concerning National Cancer Institute; Notice of The meeting will be closed to the individuals associated with the contract Closed Meeting public in accordance with the proposals, the disclosure of which provisions set forth in sections would constitute a clearly unwarranted Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. Federal Advisory Committee Act, as as amended. The grant applications and Name of Committee: National Cancer amended (5 U.S.C. appendix 2), notice the discussions could disclose Institute Special Emphasis Panel SBIR Topic is hereby given of the following confidential trade secrets or commercial 181. meeting. property such as patentable material, Date: July 27, 2004. The meeting will be closed to the and personal information concerning Time: 10 a.m. to 12 p.m. public in accordance with the individuals associated with the grant Agenda: To review and evaluate contract provisions set forth in sections applications, the disclosure of which proposals. Place: National Institutes of Health, 6116 552b(c)(4) and 552b(c)(6), title 5 U.S.C., would constitute a clearly unwarranted Executive Boulevard, Rockville, MD 20852, as amended. The contract proposals and invasion of personal privacy. (Telephone Conference Call). the discussions could disclose Name of Committee: National Cancer Contact Person: C. Michael Kerwin, PhD, confidential trade secrets or commercial Institute Initial Review Group, Subcommittee MPH, Scientific Review Administrator, property such as patentable material, E—Cancer Epidemiology, Prevention & Special Review and Logistics Branch, and personal information concerning Control. Division of Extramural Activities, National individuals associated with the contract Date: August 4, 2004. Cancer Institute, National Institutes of proposals, the disclosure of which Time: 8 a.m. to 6 p.m. Health, 6116 Executive Boulevard, Room would constitute a clearly unwarranted Agenda: To review and evaluate grant 8057, MSC 8329, Bethesda, MD 20892–8329, 301–496–7421, [email protected]. invasion of personal privacy. applications. Place: Holiday Inn Select Bethesda, 8120 This notice is being published less than 15 Name of Committee: National Cancer Wisconsin Ave, Bethesda, MD 20814. days prior to the meeting due to the timing Institute Special Emphasis Panel; SBIR: Contact Person: Mary C. Fletcher, PhD, limitations imposed by the review and Topic 183, ‘‘Particle-Based Flow Cytometer Scientific Review Administrator, Research funding cycle.

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(Catalogue of Federal Domestic Assistance Dated: July 13, 2004. DEPARTMENT OF HEALTH AND Program Nos. 93.392, Cancer Construction; LaVerne Y. Stringfield, HUMAN SERVICES 93.393, Cancer Cause and Prevention Director, Office of Federal Advisory Research; 93.394, Cancer Detection and National Institutes of Health Diagnosis Research; 93.395, Cancer Committee Policy. Treatment Research; 93.396, Cancer Biology [FR Doc. 04–16511 Filed 7–20–04; 8:45 am] National Center for Research Research; 93.397, Cancer Centers Support; BILLING CODE 4140–01–M Resources; Notice of Closed Meetings 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, Pursuant to section 10(d) of the HHS) DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Dated: July 13, 2004. HUMAN SERVICES amended (5 U.S.C. appendix 2), notice LaVerne Y. Stringfield, is hereby given of the following Director, Office of Federal Advisory National Institutes of Health meetings. Committee Policy. The meetings will be closed to the [FR Doc. 04–16500 Filed 7–20–04; 8:45 am] National Center for Research public in accordance with the BILLING CODE 4140–01–M Resources; Notice of Closed Meeting provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Pursuant to section 10(d) of the as amended. The grant applications and DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as the discussions could disclose HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial is hereby given of the following property such as patentable material, National Institutes of Health meeting. and personal information concerning National Cancer Institute; Notice of The meeting will be closed to the individuals associated with the grant Closed Meeting public in accordance with the applications, and the disclosure of provisions set forth in sections which would constitute a clearly Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), title 5 U.S.C., unwarranted invasion of personal Federal Advisory Committee Act, as as amended. The grant applications and privacy. amended (5 U.S.C. appendix 2), notice the discussions could disclose Name of Committee: National Center for is hereby given of the following confidential trade secrets or commercial Research Resources Special Emphasis Panel; meeting. property such as patentable material, Comparative Medicine. The meeting will be closed to the and personal information concerning Date: July 20, 2004. Time: 1 p.m. Adjournment. public in accordance with the individuals associated with the grant Agenda: To review and evaluate grant provisions set forth in sections applications, the disclosure of which applications. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., would constitute a clearly unwarranted Place: Office of Review, One Democracy as amended. The grant applications and invasion of personal privacy. Plaza, 6701 Democracy Blvd., Bethesda, MD the discussions could disclose 20892 (Telephone Conference Call). confidential trade secrets or commercial Name of Committee: National Center for Contact Person: Harold L. Watson, PhD, property such as patentable material, Research Resources Special Emphasis Panel Scientific Review Administrator, Office of and personal information concerning Clinical Research. Review, NCRR, National Institutes of Health, individuals associated with the grant Date: August 4, 2004. 6701 Democracy Boulevard, 1 Democracy Time: 8 a.m. to Adjournment. Plaza, Room 1078, Bethesda, MD 20892, 301– applications, the disclosure of which Agenda: To review and evaluate grant 435–0813, [email protected]. would constitute a clearly unwarranted applications. This notice is being published less than 15 invasion of personal privacy. Place: Holiday Inn Chevy Chase, 5520 days prior to the meeting due to the timing Name of Committee: National Cancer Wisconsin Avenue, Chevy Chase, MD 20815. limitations imposed by the review and funding cycle. Institute Initial Review Group, Subcommittee Contact Person: Linda C. Duffy, Scientific C—Basic & Preclinical. Review Administrator, Office of Review, Name of Committee: National Center for Date: August 3–5, 2004. NCRR, National Institutes of Health, 6701 Research Resources Special Emphasis Panel; Time: 4 p.m. to 4 p.m. Clinical Research. Democracry Blvd, Room 10882, Bethesda, Agenda: To review and evaluate grant Date: July 21, 2004. applications. MD 20892, (301) 435–0810, Time: 3 p.m. to Adjournment. Place: Holiday Inn Select Bethesda, 8120 [email protected]. Agenda: To review and evaluate grant Wisconsin Avenue, Bethesda, MD 20814. (Catalogue of Federal Domestic Assistance applications. Contact Person: Michael B. Small, PhD, Place: Office of Review, One Democracy Program Nos. 93.306, Comparative Medicine; Scientific Review Administrator, Research Plaza, 6701 Democracy Blvd., Bethesda, MD Programs Review Branch, Division of 93.333, Clinical Research; 93.371, Biomedical 20892 (Telephone Conference Call). Extramural Activities, National Cancer Technology; 93.389, Research Infrastructure, Contact Person: Harold L. Watson, PhD, Institute, National Institutes of Health, 6116 93.306, 93.333, National Institutes of Health, Scientific Review Administrator, Office of Executive Boulevard, Room 8127, Bethesda, HHS) Review, NCRR, National Institutes of Health, MD 20892, 301–402–0996, Dated: July 13, 2004. 6701 Democracy Boulevard, 1 Democracy [email protected]. Plaza, Room 1078, MSC 4874, Bethesda, MD LaVerne Y. Stringfield, 20892–4874, 301–435–0813, (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory [email protected]. Program Nos. 93.392, Cancer Construction; Committee Policy. This notice is being published less than 15 93.393, Cancer Cause and Prevention [FR Doc. 04–16507 Filed 7–20–04; 8:45 am] days prior to the meeting due to the timing Research; 93.394, Cancer Detection and BILLING CODE 4140–01–M limitations imposed by the review and Diagnosis Research; 93.395, Cancer funding cycle. Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; (Catalogue of Federal Domestic Assistance 93.398, Cancer Research Manpower; 93.399, Program Nos. 93.306, Comparative Medicine; Cancer Control, National Institutes of Health, 93.333, Clinical Research; 93.371, Biomedical HHS) Technology; 93.389, Research Infrastructure,

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93.306, 93.333, National Institutes of Health, DEPARTMENT OF HEALTH AND is hereby given of the following HHS) HUMAN SERVICES meeting. Dated: July 13, 2004. The meeting will be closed to the LaVerne Y. Stringfield, National Institutes of Health public in accordance with the provisions set forth in sections Director, Office of Federal Advisory National Heart, Lung, and Blood 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Committee Policy. Institute; Notice of Closed Meeting as amended. The grant applications and [FR Doc. 04–16508 Filed 7–20–04; 8:45 am] the discussions could disclose BILLING CODE 4140–01–M Pursuant to section 10(d) of the confidential trade secrets or commercial Federal Advisory Committee Act, as property such as patentable material, amended (5 U.S.C. Appendix 2), notice and personal information concerning DEPARTMENT OF HEALTH AND is hereby given of the following individuals associated with the grant HUMAN SERVICES meeting. applications, the disclosure of which The meeting will be closed to the would constitute a clearly unwarranted National Institutes of Health public in accordance with the invasion of personal privacy. provisions set forth in sections National Center on Minority Health and Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Health Disparities; Notice of Closed Child Health and Human Development as amended. The contract proposals and Meeting Special Emphasis Panel; Development of the discussions could disclose Literacy in Spanish Speaking Children. confidential trade secretes or Date: July 23, 2004. Pursuant to section 10(d) of the commercial property such as patentable Time: 9 a.m. to 2 p.m. Federal Advisory Committee Act, as material, and personal information Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice concerning individuals associated with applications. is hereby given of the following the contract proposals, the disclosure of Place: Embassy Suites at the Chevy Chase meeting. Pavilion, 4300 Military Road, NW., which would constitute a clearly Washington, DC 20015. The meeting will be closed to the unwarranted invasion of personal Contact Person: Marita R. Hopmann, PhD, public in accordance with the privacy. Scientific Review Administrator, Division of provisions set forth in sections Name of Committee: National Heart, Lung, Scientific Review, National Institute of Child 552b(c)(4) and 552b(c)(6), title 5 U.S.C., and Blood Institute Special Emphasis Panel Health and Human Development, 6100 as amended. The grant applications and Review of RFP: NHLBI–HB–05–07 (REDS–II). Building, Room 5B01, Bethesda, MD 20892, the discussions could disclose Date: August 3, 2004. (301) 435–6911, [email protected]. This notice is being published less than 15 confidential trade secrets or commercial Time: 1:30 p.m. to 2 p.m. Agenda: To review and evaluate contract days prior to the meeting due to the timing property such as patentable material, proposals. limitations imposed by the review and and personal information concerning Place: National Institutes of Health, 6701 funding cycle. individuals associated with the grant Rockledge Drive, Bethesda, MD 20892, (Catalogue of Federal Domestic Assistance applications, the disclosure of which (Telephone Conference Call). Program Nos. 93.364, Population Research; would constitute a clearly unwarranted Contact Person: Chitra Krishnamurti, PhD, 93.865, Research for Mothers and Children; invasion of personal privacy. Scientific Review Administrator, Review 93.929, Center for Medical Rehabilitation Branch, Room 7206, Division of Extramural Research; 93.209, Contraception and Name of Committee: National Center on Affairs, National Heart, Lung, and Blood Infertility Loan Repayment Program, National Minority Health and Health Disparities Institute, National Institutes of Health, Institutes of Health, HHS) Special Emphasis Panel, ZMD1 (05) RIMI- Bethesda, MD 20892, 301–435–0398. Dated: July 13, 2004. Research Infrastructure in Minority (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, Institutions Programs. Program Nos. 93.233, National Center for Date: August 8–10, 2004. Director, Office of Federal Advisory Sleep Disorders Research; 93.837, Heart and Committee Policy. Time: 5 p.m. to 5 p.m. Vascular Diseases Research; 93.838, Lung [FR Doc. 04–16492 Filed 7–20–04; 8:45 am] Agenda: To review and evaluate grant Diseases Research; 93.839, Blood Diseases applications. and Resources Research, National Institutes BILLING CODE 4140–01–M Place: Embassy Suites at the Chevy Chase of Health, HHS) Pavilion, 4300 Military Road, NW., Dated: July 13, 2004. Washington, DC 20015. DEPARTMENT OF HEALTH AND LaVerne Y. Stringfield, HUMAN SERVICES Contact Person: Merlyn M. Rodrigues, PhD, Director, Office of Federal Advisory MD, Director, Office of Extramural Activities, Committee Policy. National Institutes of Health National Center On Minority Health, and [FR Doc. 04–16513 Filed 7–20–04; 8:45 am] Health Disparities, National Institutes of BILLING CODE 4140–01–M National Institute of Environmental Health, 6707 Democracy Blvd. Suite 800, Health Sciences; Notice of Closed Bethesda, MD 20894, 301–402–1366, Meeting [email protected]. DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Dated: July 13, 2004. HUMAN SERVICES Federal Advisory Committee Act, as LaVerne Y. Stringfield, National Institutes of Health amended (5 U.S.C. appendix 2), notice Director, Office of Federal Advisory is hereby given of the following Committee Policy. National Institute of Child Health and meeting. [FR Doc. 04–16509 Filed 7–20–04; 8:45 am] Human Development; Notice of Closed The meeting will be closed to the BILLING CODE 4140–01–M Meeting public in accordance with the provisions set forth in 552b(c)(4) and Pursuant to section 10(d) of the 552b(c)(6), title 5 U.S.C., as amended. Federal Advisory Committee Act, as The grant applications and the amended (5 U.S.C. appendix 2), notice discussions could disclose confidential

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trade secrets or commercial property would constitute a clearly unwarranted Activities, National Institutes of Health/ such as patentable material, and person invasion of personal privacy. NIAID, 6700B Rockledge Drive, RM. 3266, information concerning individuals Bethesda, MD 20892–7616, 301–451–2671, Name of Committee: National Institute of [email protected]. associated with the grant applications, Dental and Craniofacial Research Special the disclosure of which would Emphasis Panel; 05–06, Review of R21s. (Catalogue of Federal Domestic Assistance constitute a clearly unwarranted Date: August 5, 2004. Program Nos. 93.855, Allergy, Immunology, invasion of personal privacy. Time: 11 a.m. to 12:30 p.m. and Transplantation Research; 93.856, Agenda: To review and evaluate grant Microbiology and Infectious Diseases Name of Committee: National Institute of applications. Research, National Institutes of Health, HHS) Environmental Health Sciences Special Place: National Institutes of Health, Emphasis Panel; Superfund Basic Research Dated: July 13, 2004. Natcher Building, 45 Center Drive, Bethesda, LaVerne Y. Stringfield, and Training Program. MD 20892, (Telephone Conference Call). Date: October 18–21, 2004. Contact Person: Rebecca Roper, MS, MPH, Director, Office of Federal Advisory Time: 7 p.m. to 5 p.m. Scientific Review Administrator, Scientific Committee Policy. Agenda: To review and evaluate grant Review Branch, Division of Extramural [FR Doc. 04–16497 Filed 7–20–04; 8:45 am] applications. Research, National Inst of Dental & BILLING CODE 4140–01–M Place: Holiday Inn Raleigh Durham Craniofacial Research, National Institutes of Airport, 4810 Old Page Road, Research Health, 45 Center Dr., room 4AN32E, Triangle Park, NC 27709. Bethesda, MD 20892, 301 451–5096. DEPARTMENT OF HEALTH AND Contact Person: Sally Eckert-Tilotta, PhD, National Inst. of Environmental Health (Catalogue of Federal Domestic Assistance HUMAN SERVICES Sciences, Office of Program Operations, Program Nos. 93.121, Oral Disease and Scientific Review Branch, P.O. Box 12233, Disorders Research, National Institutes of National Institutes of Health MD EC–30, Research Triangle Park, NC Health, HHS) National Institute of Allergy and 27709, 919/541–1446, Dated: July 14, 2004. [email protected]. Infectious Diseases; Notice of Meeting LaVerne Y. Stringfield, (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory Pursuant to section 10(a) of the Program Nos. 93.115, Biometry and Risk Committee Policy. Federal Advisory Committee Act, as Estimation—Health Risks from [FR Doc. 04–16495 Filed 7–20–04; 8:45 am] amended (5 U.S.C. appendix 2), notice Environmental Exposures; 93.142, NIEHS BILLING CODE 4140–01–M is hereby given of a meeting of the AIDS Hazardous Waste Worker Health and Safety Research Advisory Committee, NIAID. Training; 93.143, NIEHS Superfund The meeting will be open to the Hazardous Substances—Basic Research and DEPARTMENT OF HEALTH AND public, with attendance limited to space Education; 93.894, Resources and Manpower available. Individuals who plan to Development in the Environmental Health HUMAN SERVICES Sciences; 93.113, Biological Response to attend and need special assistance, such Environmental Health Hazards; 93.114, National Institutes of Health as sign language interpretation or other Applied Toxicological Research and Testing, reasonable accommodations, should National Institutes of Health, HHS) National Institute of Allergy and notify the Contact Person listed below Dated: July 13, 2004. Infectious Diseases; Notice of Closed in advance of the meeting. Meeting LaVerne Y. Stringfield, Name of Committee: AIDS Research Director, Office of Federal Advisory Pursuant to section 10(d) of the Advisory Committee, NIAID. Committee Policy. Federal Advisory Committee Act, as Date: August 17, 2004. Time: 1 p.m. to 5 p.m. [FR Doc. 04–16494 Filed 7–20–04; 8:45 am] amended (5 U.S.C. appendix 2), notice Agenda: Members of the AIDS Research BILLING CODE 4140–01–M is hereby given of the following Advisory Committee will convene to discuss meeting. and vote on the concepts for the restructuring The meeting will be closed to the of the Division of AIDS clinical research DEPARTMENT OF HEALTH AND public in accordance with the effort. DAIDS leadership will identify the key HUMAN SERVICES provisions set forth in sections changes that were made to the concepts since 552b(c)(4) and 552b(c)(6), title 5 U.S.C., the May 24th meeting and reviewers will National Institutes of Health as amended. The grant applications and share their specific comments. The the discussions could disclose Committee will formally vote on the concepts National Institute of Dental & confidential trade secrets or commercial for the Domestic and International Sites for HIV Vaccine, Prevention and Therapeutic Craniofacial Research; Notice of property such as patentable material, Closed Meeting Clinical Trials and the Leadership for HIV and personal information concerning and AIDS Clinical Trials Networks. Pursuant to section 10(d) of the individuals associated with the grant Place: National Institutes of Health, 6700B Federal Advisory Committee Act, as applications, the disclosure of which Rockledge Drive, Room 1205, Bethesda, MD amended (5 U.S.C. appendix 2), notice would constitute a clearly unwarranted 20817, (Telephone Conference Call). is hereby given of the following invasion of personal privacy. Contact Person: Rona L. Siskind, Executive meeting. Secretary, AIDS Research Advisory Name of Committee: National Institute of Committee, 6700–B Rockledge Drive, Room The meeting will be closed to the Allergy and Infectious Diseases Special 4139, Bethesda, MD 20892–7601, 301–435– public in accordance with the Emphasis Panel; Unsolicited P01. 3732. provisions set forth in sections Date: August 11, 2004. Any interested person may file written 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Time: 1 p.m. to 5 p.m. comments with the committee by forwarding as amended. The grant applications and Agenda: To review an evaluate grant the statement to the Contact Person listed on the discussions could disclose applications. this notice. The statement should include the Place: National Institutes of Health, 6700 B name, address, telephone number and when confidential trade secrets or commercial Rockledge Drive, Bethesda, MD 20892 property such as patentable material, applicable, the business or profession (Telephone Conference Call). affiliation of the interested person. and personal information concerning Contact Person: Annie Walker-Abbey, PhD, individuals associated with the grant Scientific Review Administrator, Scientific (Catalogue of Federal Domestic Assistance applications, the disclosure of which Review Program, Division of Extramural Program Nos. 93.855, Allergy, Immunology,

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and Transplantation Research; 93.856, DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Microbiology and Infectious Diseases HUMAN SERVICES HUMAN SERVICES Research, National Institutes of Health, HHS) Dated: July 13, 2004. National Institutes of Health National Institutes of Health LaVerne Y. Stringfield, National Institutes of Environmental National Institute of Environmental Director, Office of Federal Advisory Health Sciences; Notice of Closed Health Sciences; Notice of Closed Committee Policy. Meeting Meetings [FR Doc. 04–16498 Filed 7–20–04; 8:45 am] Pursuant to section 10(d) of the BILLING CODE 4140–01–M Pursuant to section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND is hereby given of the following is hereby given of the following HUMAN SERVICES meetings. meeting. The meetings will be closed to the National Institutes of Health The meeting will be closed to the public in accordance with the public in accordance with the provisions set forth in sections National Institute on Aging; Notice of provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and Closed Meeting 552b(c)(4) and 552b(c)(6), title 5 U.S.C., the discussions could disclose as amended. The grant applications and confidential trade secrets or commercial Pursuant to section 10(d) of the the discussions could disclose property such as patentable material, Federal Advisory Committee Act, as confidential trade secrets or commercial amended (5 U.S.C. Appendix 2), notice and personal information concerning property such as patentable material, individuals associated with the grant is hereby given of the following and personal information concerning meeting. applications, the disclosure of which individuals associated with the grant would constitute a clearly unwarranted The meeting will be closed to the applications, the disclosure of which invasion of personal privacy. public in accordance with the would constitute a clearly unwarranted Name of Committee: National Institute of provisions set forth in sections invasion of personal privacy. Environmental Health Sciences Special 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Name of Committee: National Institute of Emphasis Panel Social Determinants of as amended. The grant applications and Environmental Health Sciences, Special Health: Beyond Individual Factors. the discussions could disclose Emphasis Panel, Collaborative Centers for Date: August 10,2004. Time: 1 p.m. to 2 p.m. confidential trade secrets or commercial Parkinson’s Disease Environmental Research. property such as patentable material, Agenda: To review and evaluate grant Date: August 12, 2004. applications. and personal information concerning Time: 1 p.m. to 4 p.m. Place: NIEHS/National Institutes of Health, individuals associated with the grant Agenda: To review and evaluate grant Building 4401, East Campus, 79 T.W. applications, the disclosure of which applications. Alexander Drive, 122 Research Triangle Park, would constitute a clearly unwarranted Place: NIEHS/National Institutes of Health, NC 27709 (Telephone Conference Call). invasion of personal privacy. Building 4401, East Campus, 79 T.W. Contact Person: RoseAnne M. McGee, Alexander Drive, 3446, Research Triangle Associate Scientific Review Administrator, Name of Committee: National Institute on Park, NC 27709, (Telephone Conference Scientific Review Branch, Office of Program Operations, Division of Extramural Research Aging, Special Emphasis Panel, Multiple Call). Diseases and Gamma Secretase. and Training, Nat. Inst. of Environmental Contact Person: Linda K. Bass, Ph.D., Health Sciences, P.O. Box 12233, MD EC–30, Date: July 26–27, 2004. Scientific Review Administrator, Scientific Time: 6 p.m. to 5 p.m. Research Triangle Park, NC 27709, (919) 541– Review Branch, Division of Extramural 0752. Agenda: To review and evaluate grant Research and Training, Nat. Institute of applications. Name of Committee: National Institute of Environmental Health Sciences, P.O. Box Environmental Health Sciences Special Place: Holiday Inn Chevy Chase, 5520 12233, MD EC–30, Research Triangle Park, Emphasis Panel 7th Annual Midwest DNA Wisconsin Avenue, Chevy Chase, MD 20815. NC 27709, 919/541–1307. Repair Symposium. Contact Person: Alessandra M. Bini, Ph.D., Date: August 10, 2004. Health Scientist Administrator, Scientific (Catalogue of Federal Domestic Assistance Time: 2 p.m. to 3 p.m. Review Office, National Institute on Aging, Program Nos. 93.115, Biometry and Risk Agenda: To review and evaluate grant National Institutes of Health, Room 2C212, Estimation—Health Risks from applications. 7201 Wisconsin Avenue, Bethesda, MD Environmental Exposures; 93.142, NIEHS Place: NIEHS/National Institutes of Health, 20814, 301–402–7708. Hazardous Waste Worker Health and Safety Building 4401, East Campus, 79 T.W. Alexander Drive, 122 Research Triangle Park, This notice is being published less than 15 Training; 93.143, NIEHS Superfund NC 27709, (Telephone Conference Call). days prior to the meeting due to the timing Hazardous Substances—Basic Research and Contact Person: RoseAnne M. McGee, limitations imposed by the review and Education; 93.894, Resources and Manpower Associate Scientific Review Administrator, funding cycle. Development in the Environmental Health Scientific Review Branch, Office of Program Sciences; 93.113, Biological Response to Operations, Division of Extramural Research (Catalogue of Federal Domestic Assistance Environmental Health Hazards; 93.114, and Training, Nat. Inst. of Environmental Program Nos. 93.866, Aging Research, Applied Toxicological Research and Testing, Health Sciences, P.O. Box 12233, MD EC–30, National Institutes of Health, HHS) National Institutes of Health, HHS) Research Triangle Park, NC 27709, (919) 541– 0752. Dated: July 13, 2004. Dated: July 13, 2004. LaVerne Y. Stringfield, Name of Committee: National Institute of LaVerne Y. Stringfield, Environmental Health Sciences Special Director, Office of Federal Advisory Director, Office of Federal Advisory Emphasis Panel, Toxicology for Teachers. Committee Policy. Committee Policy. Date: August 10,2004. [FR Doc. 04–16501 Filed 7–20–04; 8:45 am] [FR Doc. 04–16503 Filed 7–20–04; 8:45 am] Time: 3 p.m. to 4 p.m. BILLING CODE 4140–01–M Agenda: To review and evaluate grant BILLING CODE 4140–01–M applications.

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Place: NIEHS/National Institutes of Health, Extramural Research and Training, Nat. (Catalogue of Federal Domestic Assistance Building 4401, East Campus, 79 T.W. Institute of Environmental Health Science, Program Nos. 93.864, Population Research; Alexander Drive, Research Triangle Park, NC P.O. Box 12233, MD EC–30/Room 3170 B, 93.865, Research for Mothers and Children; 27709, (Telephone Conference Call). Research Triangle Park, NC 27709, 919/541– 93.929, Center for Medical Rehabilitation Contact Person: RoseAnne M. McGee, 7556. Research; 93.209, Contraception and Associate Scientific Review Administrator, (Catalogue of Federal Domestic Assistance Scientific Review Branch, Office of Program Infertility Loan Repayment Program, National Program Nos. 93.115, Biometry and Risk Operations, Division of Extramural Research Institutes of Health, HHS) Estimation—Health Risks from and Training, Nat. Inst. of Environmental Environmental Exposures; 93.142, NIEHS Dated: July 13, 2004. Health Sciences, P.O. Box 12233, MD EC–30, Hazardous Waste Worker Health and Safety LaVerne Y. Stringfield, Research Triangle Park, NC 27709, (919) 541– Training; 93.143, NIEHS Superfund 0752. Director, Office of Federal Advisory Hazardous Substances—Basic Research and Committee Policy. (Catalogue of Federal Domestic Assistance Education; 93.894, Resources and Manpower Program Nos. 93.115, Biometry and Risk Development in the Environmental Health [FR Doc. 04–16506 Filed 7–20–04; 8:45 am] Estimation—Health Risks from Sciences; 93.113, Biological Response to BILLING CODE 4140–01–M Environmental Exposures; 93.142, NIEHS Environmental Health Hazards; 93.114, Hazardous Waste Worker Health and Safety Applied Toxicological Research and Testing, Training; 93.143, NIEHS Superfund National Institutes of Health, HHS) DEPARTMENT OF HEALTH AND Hazardous Substances—Basic Research and Dated: July 13, 2004. HUMAN SERVICES Education; 93.894, Resources and Manpower LaVerne Y. Stringfield, Development in the Environmental Health National Institutes of Health Sciences; 93.113, Biological Response to Director, Office of Federal Advisory Environmental Health Hazards; 93.114, Committee Policy. Applied Toxicological Research and Testing, [FR Doc. 04–16505 Filed 7–20–04; 8:45 am] National Institute of Child Health and National Institutes of Health, HHS) BILLING CODE 4140–01–M Human Development; Notice of Closed Dated: July 13, 2004. Meeting LaVerne Y. Stringfield, Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Committee Policy. HUMAN SERVICES Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice [FR Doc. 04–16504 Filed 7–20–04; 8:45 am] National Institutes of Health BILLING CODE 4140–01–M is hereby given of the following meeting. National Institute of Child Health and Human Development; Notice of Closed The meeting will be closed to the DEPARTMENT OF HEALTH AND Meeting public in accordance with the HUMAN SERVICES provisions set forth in sections Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), title 5 U.S.C., National Institutes of Health Federal Advisory Committee Act, as as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice the discussions could disclose National Institute of Environmental is hereby given of the following Health Sciences; Notice of Closed meeting. confidential trade secrets or commercial Meeting The meeting will be closed to the property such as patentable material, and personal information concerning Pursuant to section 10(d) of the public in accordance with the individuals associated with the grant Federal Advisory Committee Act, as provisions set forth in sections amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), title 5 U.S.C., applications, the disclosure of which is hereby given of the following as amended. The grant applications and would constitute a clearly unwarranted meeting. the discussions could disclose invasion of personal privacy. The meeting will be closed to the confidential trade secrets or commercial Name of Committee: National Institute of public in accordance with the property such as patentable material, Child Health and Human Development provisions set forth in sections and personal information concerning Special Emphasis Panel; Earda Review 552b(c)(4) and 552b(c)(6), title 5 U.S.C., individuals associated with the grant Meeting. as amended. The grant applications and applications, the disclosure of which Date: August 5–6, 2004. the discussions could disclose would constitute a clearly unwarranted Time: 9 a.m. to 5 p.m. confidential trade secrets or commercial invasion of personal privacy. Agenda: To review and evaluate grant property such as patentable material, Name of Committee: National Institute of applications. and personal information concerning Child Health and Human Development Place: Embassy Suites at the Chevy Chase individuals associated with the grant Special Emphasis Panel Violence Processes Pavilion, 4300 Military Road, NW., applications, the disclosure of which and Intervention Efficacy. Washington, DC 20015. would constitute a clearly unwarranted Date: August 5, 2004. Contact Person: Carla T. Walls, PhD, Time: 9 a.m. to 1 p.m. Scientific Review Administrator, Division of invasion of personal privacy. Agenda: To review and evaluate grant Name of Committee: National Institute of applications. Scientific Review, National Institute of Child Environmental Health Sciences, Special Place: The Hotel George, 15 E Street, NW., Health and Human Development, NIH, 6100 Emphasis Panel, Superfund Basic Research Washington, DC 20001. Executive Blvd., Room 5B01, Bethesda, MD and Training Program. Contact Person: Marita R. Hopmann, PhD, 20892, (301) 435–6898, [email protected]. Time: October 4–7, 2004. Scientific Review Administrator, Division of Time: 7 p.m. to 5 p.m. Scientific Review, National Institute of Child (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Health, and Human Development, 6100 Program Nos. 93.864, Population Research; applications. Building, Room 5B01, Bethesda, MD 20892, 93.865, Research for Mothers and Children; Place: Holiday Inn Raleigh Durham (301) 435–6911, [email protected]. 93.929, Center for Medical Rehabilitation Airport, 4810 Old Page Road, Research This notice is being published less than 15 Research; 93.209, Contraception and Triangle Park, NC 27709. days prior to the meeting due to the timing Infertility Loan Repayment Program, National Contact Person: Janice B. Allen, Ph.D., limitations imposed by the review and Institutes of Health, HHS) Scientific Review Branch, Division of funding cycle.

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Dated: July 13, 2004. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND LaVerne Y. Stringfield, HUMAN SERVICES HUMAN SERVICES Director, Office of Federal Advisory Committee Policy. National Institutes of Health National Institutes of Health [FR Doc. 04–16510 Filed 7–20–04; 8:45 am] National Institute of Mental Health; National Institute of Environmental BILLING CODE 4140–01–M Notice of Closed Meeting Health Sciences; Notice of Closed Meeting Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Pursuant to section 10(d) of the HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as National Institutes of Health is hereby given of the following amended (5 U.S.C. Appendix 2), notice meeting. is hereby given of the following National Institute of Mental Health; The meeting will be closed to the meeting. Notice of Closed Meeting public in accordance with the The meeting will be closed to the provisions set forth in sections public in accordance with the Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), title 5 U.S.C., provisions set forth in sections Federal Advisory Committee Act, as as amended. The grant applications and 552b(c)(4) and 552b(c)(6), title 5 U.S.C., amended (5 U.S.C. appendix 2), notice the discussions could disclose as amended. The grant applications and is hereby given of the following confidential trade secrets or commercial the discussions could disclose meeting. property such as patentable material, confidential trade secrets or commercial The meeting will be closed to the and personal information concerning property such as patentable material, public in accordance with the individuals associated with the grant and personal information concerning provisions set forth in sections applications, the disclosure of which individuals associated with the grant 552b(c)(4) and 552b(c)(6), title 5 U.S.C., would constitute a clearly unwarranted applications, the disclosure of which as amended. The grant applications and invasion of personal privacy. would constitute a clearly unwarranted the discussions could disclose Name of Committee: National Institute of invasion of personal privacy. confidential trade secrets or commercial Mental Health Special Emphasis Panel, HIV/ Name of Committee: National Institute of property such as patentable material, AIDS Research Training. Environmental Health Sciences Special and personal information concerning Date: July 27, 2004. Emphasis Panel Superfund Basic Research individuals associated with the grant Time: 9 a.m. to 4 p.m. and Training Program. applications, the disclosure of which Agenda: To review and evaluate grant Date: October 4–7, 2004. would constitute a clearly unwarranted applications. Time: 7 p.m. to 5 p.m. invasion of personal privacy. Place: Hyatt Regency Bethesda, One Agenda: To review and evaluate grant Bethesda Metro Center, 7400 Wisconsin Name of Committee: National Institute of applications. Avenue, Bethesda, MD 20814. Mental Health Special Emphasis Panel; Place: Holiday Inn Raleigh Durham Contact Person: Martha Ann Carey, PhD, NCDDG–PANEL 1. Airport, 4810 Old Page Road, Research RN, Scientific review Administrator, Division Date: August 3, 2004. Triangle Park, NC 27709. of Extramural Activities, National Institute of Time: 12 p.m. to 5 p.m. Contact Person: Sally Eckert-Tilotta, PhD, Mental Health, NIH, Neuroscience Center, Agenda: To review and evaluate grant National Inst. of Environmental Health 6001 Executive Blvd., Room 6151, MSC 9608, applications. Sciences, Office of Program Operations, Bethesda, MD 20892–9608, 301–443–1606, Place: Hyatt Regency Bethesda, One Scientific Review Branch, P.O. Box 12233, [email protected]. Bethesda Metro Center, 7400 Wisconsin MD EC–30, Research Triangle Park, NC This notice is being published less than 15 Avenue, Bethesda, MD 20814. 27709, 919/541–1446, days prior to the meeting due to the timing Contact Person: Peter J. Sheridan, PhD, [email protected]. limitations imposed by the review and Scientific Review Administrator, Division of funding cycle. (Catalogue of Federal Domestic Assistance Extramural Activities, National Institute of Program Nos. 93.115, Biometry and Risk Mental Health, NIH, Neuroscience Center, (Catalogue of Federal Domestic Assistance Estimation—Health Risks from 6001 Executive Blvd., Room 6142, MSC 9606, Program Nos. 93.242, Mental Health research Environmental Exposures; 93.142, NIEHS Bethesda, MD 20892–9606, 301–443–1513, Grants; 93.281, Scientist Development Hazardous Waste Worker Health and Safety [email protected]. Award, Scientist Development Award for Training; 93.143, NIEHS Superfund Clinicians, and Research Scientist Award; (Catalogue of Federal Domestic Assistance Hazardous Substances—Basic Research and 93.282, Mental Health National Research Program Nos. 93.242, Mental Health Research Education; 93.894, Resources and Manpower Service Awards for Research Training, Grants; 93.281, Scientist Development Development in the Environmental Health National Institutes of Health, HHS) Award, Scientist Development Award for Sciences; 93.113, Biological Response to Clinicians, and Research Scientist Award; Dated: July 13, 2004. Environmental Health Hazards; 93.114, 93.282, Mental Health National Research LaVerne Y. Stringfield, Applied Toxicological Research and Testing, National Institutes of Health, HHS) Service Awards for Research Training, Director, Office of Federal Advisory National Institutes of Health, HHS) Committee Policy. Dated: July 13, 2004. Dated: July 13, 2004. [FR Doc. 04–16514 Filed 7–20–04; 8:45 am] LaVerne Y. Stringfield, LaVerne Y. Stringfield, BILLING CODE 4140–01–M Director, Office of Federal Advisory Committee Policy. Director, Office of Federal Advisory Committee Policy. [FR Doc. 04–16516 Filed 7–20–04; 8:45 am] [FR Doc. 04–16512 Filed 7–20–04; 8:45 am] BILLING CODE 4140–01–M BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND Place: The Watergate, 2650 Virginia Name of Committee: Center for Scientific HUMAN SERVICES Avenue, NW., Washington, DC 20037. Review Special Emphasis Panel SBIR Grant Contact Person: Joseph Kimm, PhD, Applications Review. National Institutes of Health Scientific Review Administrator, Center for Date: August 3, 2004. Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Center for Scientific Review; Notice of Health, 6701 Rockledge Drive, Room 5178, Agenda: To review and evaluate grant Closed Meetings MSC 7844, Bethesda, MD 20982, (301) 435– applications. 1249, [email protected]. Place: One Washington Circle Hotel, One Pursuant to section 10(d) of the This notice is being published less than 15 Washington Circle, Washington, DC 20037. Federal Advisory Committee Act, as days prior to the meeting due to the timing Contact Person: Mark P. Rubert, PhD, limitations imposed by the review and Scientific Review Administrator, Center for amended (5 U.S.C. Appendix 2), notice Scientific Review, National Institutes of funding cycle. is hereby given of the following Health, 6701 Rockledge Drive, Room 5218, meetings. Name of Committee: Center for Scientific MSC 7852, Bethesda, MD 20892, (301) 435– The meetings will be closed to the Review Special Emphasis Panel, MDCN 1775, [email protected]. public in accordance with the SEP—Neuroregulation. Name of Committee: Center for Scientific provisions set forth in sections Date: July 29, 2004. Review Special Emphasis Panel 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Time: 1 p.m. to 3 p.m. Hyperaccelerated Award/Mechanisms in as amended. The grant applications and Agenda: To review and evaluate grant Immunomodulation Trials. the discussions could disclose applications. Date: August 3, 2004. Place: National Institutes of Health, 6701 confidential trade secrets or commercial Time: 1 p.m. to 2 p.m. Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant property such as patentable material, (Telephone Conference Call). applications. and personal information concerning Contact Person: Carole L. Jelsema, PhD, Place: National Institutes of Health, 6701 individuals associated with the grant Chief and Scientific Review Administrator, Rockledge Drive, Bethesda, MD 20892, applications, the disclosure of which MDCN Scientific Review Group, Center for (Telephone Conference Call). would constitute a clearly unwarranted Scientific Review, National Institutes of Contact Person: Samuel C. Edwards, PhD, invasion of personal privacy. Health, 6701 Rockledge Drive, Room 4146, Scientific Review Administrator, Center for MSC 7850, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Name of Committee: Center for Scientific 1248, [email protected]. Health, 6701 Rockledge Drive, Room 4200, Review Special Emphasis Panel, Acute, This notice is being published less than 15 MSC 7812, Bethesda, MD 20892, (301) 435– Critical and Traumatic Brain and Neural Cell days prior to the meeting due to the timing 1152, [email protected]. Injury. limitations imposed by the review and Name of Committee: Center for Scientific Date: July 16, 2004. funding cycle. Review Special Emphasis Panel ZRG1 AARR Time: 5 p.m. to 5:30 p.m. E (04) Review of AIDS Overflow Application. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Review Special Emphasis Panel AIDS and Date: August 4, 2004. applications. Time: 2 p.m. to 3 p.m. Place: The Westin Embassy Row Hotel, Alternative Medicine. Date: August 2, 2004. Agenda: To review and evaluate grant 2100 Massachusetts Avenue, NW., applications. Washington, DC 20008. Time: 11 a.m. to 2 p.m. Agenda: To review and evaluate grant Place: National Institutes of Health, 6701 Contact Person: David L. Simpson, PhD, Rockledge Drive, Bethesda, MD 20892, applications. MD, Scientific Review Administrator, Center (Telephone Conference Call). Place: National Institutes of Health, 6701 for Scientific Review, National Institutes of Contact Person: Kenneth A. Roebuck, PhD, Rockledge Drive, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 5192, Scientific Review Administrator, Center for (Telephone Conference Call). MSC 7846, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Contact Person: Abraham P. Bautista, MS, 1278, [email protected]. Health, 6701 Rockledge Drive, Room 5214, This notice is being published less than 15 PhD, Scientist Review Administrator, Center MSC 7852, Bethesda, MD 20892, (301) 435– days prior to the meeting due to the timing for Scientific Review, National Institutes of 1166, [email protected]. limitations imposed by the review and Health, 6701 Rockledge Drive, Room 5102, Name of Committee: Center for Scientific funding cycle. MSC 7852, Bethesda, MD 20892, (301) 435– 1506, [email protected]. Review Special Emphasis Panel Name of Committee: Center for Scientific Cardioprotective Effects of PDE–5 Inhibitors. This notice is being published less than 15 Review Special Emphasis Panel, Date: August 6, 2004. days prior to the meeting due to the timing Miscellaneous Musculoskeletal Topics. Time: 3 p.m. to 4 p.m. limitations imposed by the review and Date: July 19, 2004. Agenda: To review and evaluate grant funding cycle. Time: 1 p.m. to 2:30 p.m. applications. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 applications. Review Special Emphasis Panel T-Cell Rockledge Drive, Bethesda, MD 20892, Place: National Institutes of Health, 6701 Signaling Mechanism. (Telephone Conference Call). Rockledge Drive, Bethesda, MD 20892, Date: August 2, 2004. Contact Person: Anshumali Chaudhari, (Telephone Conference Call). Time: 1 p.m. to 2 p.m. PhD, Scientific Review Administrator, Center Contact Person: Mehrdad M. Tondravi, Agenda: To review and evaluate grant for Scientific Review, National Institutes of PhD, MD, Scientific Review Administrator, applications. Health, 6701 Rockledge Drive, Room 4124, Center for Scientific Review, National Place: National Institutes of Health, 6701 MSC 7802, Bethesda, MD 20892, (301) 435– Institutes of Health, 6701 Rockledge Drive, Rockledge Drive, Bethesda, MD 20892, 1210, [email protected]. Room 4108, MSC 7814, Bethesda, MD 20982, (Telephone Conference Call). Name of Committee: Center for Scientific (301) 435–1173, [email protected]. Contact Person: Angela Y. Ng,PhD, MBA, Review Special Emphasis Panel ODCS This notice is being published less than 15 Scientific Review Administrator, Center for Special Emphasis Panel days prior to the meeting due to the timing Scientific Review, National Institutes of Date: August 6, 2004. limitations imposed by the review and Health, 6701 Rockledge Drive, Room 6200, Time: 12 p.m. to 1 p.m. funding cycle. MSC 7804 (For courier delivery, use MD Agenda: To review and evaluate grant Name of Committee: Center for Scientific 20817), Bethesda, MD 20892, (301) 435–1715, applications. Review Special Emphasis Panel, EAR. [email protected]. Place: National Institutes of Health, 6701 Date: July 27, 2004. This notice is being published less than 15 Rockledge Drive, Bethesda, MD 20892, Time: 8 a.m. to 5 p.m. days prior to the meeting due to the timing (Telephone Conference Call). Agenda: To review and evaluate grant limitations imposed by the review and Contact Person: J. Terrell Hoffeld, PhD, applications. funding cycle. DDS, Dental Officer, USPHS, Center for

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Scientific Review, National Institutes of Agenda: To review and evaluate grant Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4116, applications. Review Special Emphasis Panel, Behavioral MSC 7816, Bethesda, MD 20892, (301) 435– Place: National Institutes of Health, 6701 Genetics and Psychiatric Disorders. 1781, [email protected]. Rockledge Drive, Bethesda, MD 20892, Date: July 26, 2004. (Telephone Conference Call). Time: 9 a.m. to 12 p.m. (Catalogue of Federal Domestic Assistance Contact Person: Daniel F. McDonald, PhD, Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; Scientific Review Administrator, Chief, applications. 93.333, Clinical Research, 93.306, 93.333, Musculoskeletal, Oral and Skin Sciences IRG, Place: National Institutes of Health, 6701 93.337, 93.393–93.396, 93.837–93.844, Center for Scientific Review, NIH, 6701 Rockledge Drive, Bethesda, MD 20892, 93.846–93.878, 93.892, 93.893, National Rockledge Drive, Room 4214, MSC 7814, (Telephone Conference Call). Institutes of Health, HHS) Bethesda, MD 20892, (301) 435–1215, Contact Person: Mary Ann Guadagno, PhD, Dated: July 13, 2004. [email protected]. Scientific Review Administrator, Center for LaVerne Y. Stringfield, This notice is being published less than 15 Scientific Review, National Institutes of days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 3170, Director, Office of Federal Advisory limitations imposed by the review and MSC 7770, Bethesda, MD 20892, (301) 451– Committee Policy. funding cycle. 8011, [email protected]. [FR Doc. 04–16502 Filed 7–20–04; 8:45 am] Name of Committee: Center for Scientific This notice is being published less than 15 BILLING CODE 4140–01–M Review Special Emphasis Panel; days prior to the meeting due to the timing Communicative Disorders and Cognitive limitations imposed by the review and Processes. funding cycle. DEPARTMENT OF HEALTH AND Date: July 21, 2004. Name of Committee: Center for Scientific HUMAN SERVICES Time: 3 p.m. to 4:30 p.m. Review Special Emphasis Panel, Circadian Agenda: To review and evaluate grant Rhythms in Plants, Flies, and Crustaceans. National Institutes of Health applications. Date: July 26, 2004. Place: National Institutes of Health, 6701 Time: 1 p.m. to 3 p.m. Center for Scientific Review; Notice of Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant Closed Meetings (Telephone Conference Call). applications. Contact Person: Dana Jeffrey Plude, PhD, Place: National Institutes of Health, 6701 Pursuant to section 10(d) of the Scientific Review Administrator, Center for Rockledge Drive, Bethesda, MD 20814, Federal Advisory Committee Act, as Scientific Review, National Institute of (Telephone Conference Call). amended (5 U.S.C. Appendix 2), notice Health, 6701 Rockledge Drive, Room 3192, Contact Person: Lawrence Baizer, PhD, MSC 7848, Bethesda, MD 20892, 301–435– Scientific Review Administrator, Center for is hereby given of the following 2309, [email protected]. Scientific Review, National Institutes of meetings. This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 4152, The meetings will be closed to the days prior to the meeting due to the timing MSC 7850, Bethesda, MD 20892, (301) 435– public in accordance with the limitations imposed by the review and 1257, [email protected]. provisions set forth in sections funding cycle. This notice is being published less than 15 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Name of Committee: Center for Scientific days prior to the meeting due to the timing as amended. The grant applications and Review Special Emphasis Panel; Psychiatric limitations imposed by the review and funding cycle. the discussions could disclose Genetics Review. confidential trade secrets or commercial Date: July 21, 2004. Name of Committee: Center for Scientific Time: 4:30 p.m. to 6 p.m. Review Special Emphasis Panel, Tooth property such as patentable material, Agenda: To review and evaluate grant Development. and personal information concerning applications. Date: July 27, 2004. individuals associated with the grant Place: National Institutes of Health, 6701 Time: 1 p.m. to 4 p.m. applications, the disclosure of which Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant would constitute a clearly unwarranted (Telephone Conference Call). applications. invasion of personal privacy. Contact Person: Cheryl M. Corsaro, PhD, Place: National Institutes of Health, 6701 Scientific Review Administrator, Center for Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific Scientific Review, National Institutes of (Telephone Conference Call). Review Special Emphasis Panel; Health, 6701 Rockledge Drive, Room 2204, Contact Person: Priscilla B. Chen, PhD, Musculosketal Biomechanics & MSC 7890, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Rehabilitation. 1045, [email protected]. Scientific Review, National Institutes of Date: July 14, 2004. This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 4104, Time: 1:30 p.m. to 4 p.m. days prior to the meeting due to the timing MSC 7814, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant limitations imposed by the review and 1787, [email protected]. applications. funding cycle. This notice is being published less than 15 Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific days prior to the meeting due to the timing Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel, Fogarty limitations imposed by the review and (Telephone Conference Call). International Programs. funding cycle. Contact Person: Daniel F. McDonald, PhD, Date: July 26, 2004. Name of Committee: Center for Scientific Scientific Review Administrator, Chief, Time: 8 a.m. to 5 p.m. Review Special Emphasis Panel, Bone Musculoskeletal, Oral and Skin Sciences IRG, Agenda: To review and evaluate grant Biology. Center for Scientific Review, NIH, 6701 applications. Date: July 27, 2004. Rockledge Drive, Room 4214, MSC 7814, Place: Omni Shoreham Hotel, 2500 Calvert Time: 4:45 p.m. to 6:45 p.m. Bethesda, MD 20892, (301) 435–1215, Street, NW., Washington, DC 20008. Agenda: To review and evaluate grant [email protected]. Contact Person: Dan D. Gerendasy, PhD, applications. This notice is being published less than 15 Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 days prior to the meeting due to the timing Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, limitations imposed by the review and Health, 6701 Rockledge Drive, Room 5132, (Telephone Conference Call). funding cycle. MSC 7843, Bethesda, MD 20892, (301) 594– Contact Person: Priscilla B. Chen, PhD, Name of Committee: Center for Scientific 6830, [email protected]. Scientific Review Administrator, Center for Review Special Emphasis Panel; Dental This notice is being published less than 15 Scientific Review, National Institutes of Sciences. days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4104, Date: July 21, 2004. limitations imposed by the review and MSC 7814, Bethesda, MD 20892, (301) 435– Time: 10:30 a.m. to 12:30 p.m. funding cycle. 1787, [email protected].

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This notice is being published less than 15 Substance Abuse and Mental Health history of how the program was days prior to the meeting due to the timing Services Administration will publish established, what it takes to maintain limitations imposed by the review and periodic summaries of proposed the program, the challenges the funding cycle. projects. To request more information programs have faced in providing Name of Committee: Center for Scientific on the proposed projects or to obtain a transition supports and their solutions Review Emphasis Panel, Rehabilitative copy of the information collection to these problems can help others, and Neuoroscience SBIR. Date: July 28, 2004. plans, call the SAMHSA Reports prevent needless duplication of trial and Time: 10:30 a.m. to 11:30 a.m. Clearance Officer on (301) 443–7978. error. This project will begin the Agenda: To review and evaluate grant Comments are invited on: (a) Whether development of guidelines for other applications. the proposed collections of information attempting to bridge this important Place: National Institutes of Health, 6701 are necessary for the proper service gap through discovering shared Rockledge Drive, Bethesda, MD 20892, performance of the functions of the and unique approaches to establishing (Telephone Conference Call). agency, including whether the and maintaining pioneering transition Contact Person: Daniel F. McDonald, PhD, information shall have practical utility; programs, and the challenges that they Scientific Review Administrator, Chief, (b) the accuracy of the agency’s estimate face in providing services to this grossly Musculoskeletal, Oral and Skin Sciences IRG, of the burden of the proposed collection Center for Scientific Review, NIH, 6701 underserved population. of information; (c) ways to enhance the Rockledge Drive, Room 4214, MSC 7814, Nine such programs have been quality, utility, and clarity of the Bethesda, MD 20892, (301) 435–1215, identified. Another four programs, that information to be collected; and (d) [email protected]. have not been maintained, will also be This notice is being published less than 15 ways to minimize the burden of the identified, yielding a total of 13 days prior to the meeting due to the timing collection of information on programs that will be examined. limitations imposed by the review and respondents, including through the use Examination will occur primarily funding cycle. of automated collection techniques or through telephone interview of multiple (Catalogue of Federal Domestic Assistance other forms of information technology. Program Nos. 93.306, Comparative Medicine; Proposed Project: Understanding the stakeholders per program. Program 93.333, Clinical Research, 93.306, 93.333, Establishment and Maintenance of information will also be requested 93.337, 93.393–93.396, 93.837–93.844, Pioneering Transition Programs—New— electronically. Stakeholders from each 93.846–93.878, 93.892, 93.893, National program will consist of the following: 2 Institutes of Health, HHS) SAMHSA’s Center for Mental Health Services will seek information about the state-level child mental health Dated: July 13, 2004. establishment and maintenance of administrators, 2 program-level LaVerne Y. Stringfield, programs funded in part by state child administrators/staff, and up to an Director, Office of Federal Advisory mental health agencies that prepare additional 3 key stakeholders that are Committee Policy. youth from these agencies for adult identified during the process of [FR Doc. 04–16515 Filed 7–20–04; 8:45 am] functioning, and can provide these interviewing the first 4 stakeholders. Stakeholders will be asked about 3 BILLING CODE 4140–01–M services continuously beyond the upper age limit of state child mental health issues: (1) How the program was eligibility. Many, if not most, of the established; (2) efforts to keep the DEPARTMENT OF HEALTH AND youth served in state child mental program open and funded; and (3) HUMAN SERVICES health systems cannot access state adult factors that facilitated or inhibited its mental health services; thus, the ability opening or maintenance. Sufficient Substance Abuse and Mental Health to provide continuing transition support detail will be sought to determine the Services Administration services to this population throughout unique efforts needed for these kinds of programs, as opposed to common efforts Agency Information Collection the period of transition, roughly to the age of 25, is critical to the likelihood of made to establish any new program. Activities: Proposed Collection; Two questionnaires will be used to Comment Request adult success. The small number of pioneering obtain this information, one for program In compliance with section programs in the country that have administrators or staff and the other for 3506(c)(2)(A) of the Paperwork successfully negotiated the system to other stakeholders. Reduction Act of 1995 concerning achieve this status have much to teach The following table summarizes the opportunity for public comment on those trying to develop better transition estimated response burden for this proposed collections of information, the support systems. In particular, the project.

Number of Responses/ Total Hours per Total hour Respondent respondents respondents responses response burden

Pioneering Programs: Staff/Administrators ...... 26 1 26 1.5 39 Pioneering Programs: Stakeholders ...... 52 1 52 1.0 52 Total ...... 78 1 3978 ...... 91

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Send comments to Nancy Pearce, through Friday, except Federal holidays. submitted on behalf of an association, SAMHSA Reports Clearance Officer, The telephone number is 202–366– business, labor union, etc.). You may Room 16–105, Parklawn Building, 5600 9329. review the Department of Fishers Lane, Rockville, MD 20857. (5) Federal eRulemaking Portal: Transportation’s Privacy Act Statement Written comments should be received http://www.regulations.gov. in the Federal Register published on by September 20, 2004. FOR FURTHER INFORMATION CONTACT: If April 11, 2000 (65 FR 19477), or you Dated: July 14, 2004. you have questions on this notice, call may visit http://dms.dot.gov. Lieutenant Ken Kusano at 202–267– Receipt of application; determination. Anna Marsh, On May 25, 2004, the Coast Guard and Executive Officer, SAMHSA. 1184, or e-mail at [email protected]. If you have MARAD received an application from [FR Doc. 04–16546 Filed 7–20–04; 8:45 am] questions on viewing or submitting Pearl Crossing LNG Terminal LLC, 800 BILLING CODE 4162–20–P material to the docket, call Andrea M. Bell Street, Houston, TX 77002 for all Jenkins, Program Manager, Docket federal authorizations required for a Operations, telephone 202–366–0271. license to own, construct and operate a DEPARTMENT OF HOMELAND deepwater port off the coast of SUPPLEMENTARY INFORMATION: SECURITY Louisiana with associated pipeline Public Participation and Request for facilities. On July 8, 2004, we Coast Guard Comments determined that the application contains all information required by the You may submit comments DEPARTMENT OF TRANSPORTATION Deepwater Port Act of 1974, as concerning this application. All amended, 33 U.S.C. 1501 et seq. (the comments received will be posted, Maritime Administration Act). The application and related without change, to http://dms.dot.gov documentation supplied by the [USCG–2004–18474] and will include any personal applicant (except for certain protected information you have provided. We Pearl Crossing LNG Terminal LLC, information specified in 33 U.S.C. 1513) have an agreement with the Department will be available in the public docket Liquefied Natural Gas Deepwater Port of Transportation (DOT) to use their License Application (see ADDRESSES). Docket Management Facility. Please see Background. According to the Act, a AGENCY: Coast Guard, DHS; and DOT’s ‘‘Privacy Act’’ paragraph below. deepwater port is a fixed or floating Maritime Administration, DOT. Submitting comments: If you submit a manmade structure other than a vessel, ACTION: Notice of application. comment, please include your name and or a group of structures, located beyond address, identify the docket number for State seaward boundaries and used or SUMMARY: The Coast Guard and the this rulemaking (USCG–2004–18474), intended for use as a port or terminal for Maritime Administration (MARAD) give indicate the specific section of this the transportation, storage, and further notice, as required by the Deepwater document to which each comment handling of oil or natural gas for Port Act of 1974, as amended, that they applies, and give the reason for each transportation to any State. have received an application for the comment. You may submit your A deepwater port must be licensed, licensing of a liquefied natural gas comments and material by electronic and the Act provides that a license (LNG) deepwater port, and that the means, mail, fax, or delivery to the applicant submit detailed plans for its application appears to contain the Docket Management Facility at the facility to the Secretary of required information. This notice address under ADDRESSES; but please Transportation, along with its summarizes the applicant’s plans and submit your comments and material by application. The Secretary has delegated the procedures that will be followed in only one means. If you submit them by the processing of deepwater port considering the application. mail or delivery, submit them in an applications to the Coast Guard and DATES: Any public hearing held in unbound format, no larger than 81/2 by MARAD. The Act allows 21 days connection with this application must 11 inches, suitable for copying and following receipt of the application to be held no later than March 18, 2005, electronic filing. If you submit them by determine if it appears to contain all and it would be announced in the mail and would like to know that they required information. If it does, we must Federal Register. A decision on the reached the Facility, please enclose a publish a notice of application in the application must be made within 90 stamped, self-addressed postcard or Federal Register and summarize the days after the last public hearing held envelope. plans. This notice is intended to meet on the application. Viewing comments and documents: those requirements of the Act and to ADDRESSES: You may submit comments To view comments, as well as provide general information about the identified by Coast Guard docket documents mentioned in this preamble procedure that will be followed in number USCG–2004–18474 to the as being available in the docket, go to considering the application. Docket Management Facility at the U.S. http://dms.dot.gov at any time and Application procedure. The Department of Transportation. To avoid conduct a simple search using the application is considered on its merits. duplication, please use only one of the docket number. You may also visit the Under the Act, we must hold at least following methods: Docket Management Facility in room one public hearing within 240 days (1) Web Site: http://dms.dot.gov. PL–401 on the Plaza level of the Nassif from the date this notice is published. (2) Mail: Docket Management Facility, Building, 400 Seventh Street, SW., A separate Federal Register notice will U.S. Department of Transportation, 400 Washington, DC, between 9 a.m. and 5 be published to notify interested parties Seventh Street, SW., Washington, DC p.m., Monday through Friday, except of any public hearings that are held. At 20590–0001. Federal holidays. least one public hearing must be held in (3) Fax: 202–493–2251. Privacy Act: Anyone can search the each adjacent coastal state. Pursuant to (4) Delivery: Room PL–401 on the electronic form of all comments 33 U.S.C. 1508, we designate Louisiana Plaza level of the Nassif Building, 400 received into any of our dockets by the as the adjacent coastal state for this Seventh Street, SW., Washington, DC, name of the individual submitting the application. Other states may apply for between 9 a.m. and 5 p.m., Monday comment (or signing the comment, if adjacent coastal state status in

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accordance with 33 U.S.C. 1508 (a)(2). LNG carrier to be secured to prepare to Dated: July 16, 2004. After the last public hearing, Federal offload cargo, while another LNG carrier Joseph J. Angelo, agencies and the adjacent coastal State is completing an offloading cycle. Director of Standards, Marine Safety, have 45 days in which to comment on Ship cargo transfer will use two Security, and Environmental Protection, U.S. the application, and approval or denial Coast Guard. loading arm packages (one on each side of the application must follow within 90 H. Keith Lesnick, of the terminal), each consisting of five days of the last public hearing. Details 16-inch-diameter (40-centimeter) Senior Transportation Specialist, Deepwater of the application process are described Ports, Program Manager, U.S. Maritime in 33 U.S.C. 1504 and in 33 CFR part loading arms. LNG carriers would Administration. 148. offload through four of the loading arms. [FR Doc. 04–16590 Filed 7–20–04; 8:45 am] Offloading rates are expected to equal The Coast Guard and MARAD plan to BILLING CODE 4910–15–P prepare an environmental impact 14,000 m3 per hour of LNG. The fifth statement (EIS) for this project. The EIS loading arm would be dedicated to will also assess the environmental vapor return from the terminal for impact of an onshore pipeline that is pressure equalization between an LNG DEPARTMENT OF THE INTERIOR part of the project proposal, even though carrier and the storage tanks of Pearl Fish and Wildlife Service an affiliate of Pearl Crossing LNG Crossing. Terminal LLC must separately apply for The regasification process would be Information Collection Renewal and receive an authorization from the accomplished through thirteen electric Submitted to the Office of Management Federal Energy Regulatory Commission pumps that will supply 13,200 gallons and Budget (OMB) for Approval Under (FERC) for that onshore pipeline. We the Paperwork Reduction Act; OMB have consulted with FERC and per minute (50,000 liters per minute) of seawater for the open rack vaporizers. Control Number 1018–0092, understand that the affiliate applied to Applications for Permits/Licenses FERC for onshore pipeline authorization The intakes will utilize passive, under Docket Number CP04–374–000, cylindrical wedge-wire-type screens AGENCY: Fish and Wildlife Service, CP04–375–000 and CP04–376–000. All with an automated air backwash system. Interior. comments related to this project, The slot size would be 0.25 inch (6.4 ACTION: Notice; request for comments. including the onshore pipeline, may be millimeters) or less to minimize submitted in accordance with the impingement or entrainment of marine SUMMARY: The U.S. Fish and Wildlife guidance under ADDRESSES. organisms. Seawater would be treated Service (We) has submitted the Summary of the application. The with hypochlorite produced by an collection of information described application plan calls for the proposed electrolytic chlorination unit prior to below to OMB for approval under the deepwater port to be located outside entering the seawater pump intake lines. provisions of the Paperwork Reduction State waters in the Gulf of Mexico on Act of 1995. A description of the The applicant proposes to install two the U.S. Outer Continental Shelf (OCS), information collection requirement is dedicated 42-inch-diameter (1,100 mm) approximately 41 miles (66 kilometers) included in this notice. If you wish to south of the Louisiana coast in West offshore pipelines that will originate at obtain copies of the information Cameron Block 220. It will be located in the terminal and traverse the Gulf of collection requirements, related forms, a water depth of approximately 62 feet Mexico in a northwesterly direction to or explanatory material, contact the (19 meters). The proposed Pearl the high water mark near Johnsons Service Information Collection Crossing LNG Terminal is a concrete Bayou in Cameron Parish, Louisiana. Clearance Officer at the address or Gravity Based Structure (GBS). The Each offshore pipeline would have a telephone number listed below. terminal proposes to install two integral throughput capacity of 1.4 billion DATES: OMB has up to 60 days to liquefied natural gas storage tanks and standard cubic feet per day (Bscfd) for approve or disapprove information serve as the platform for vessels to a total peak capacity of 2.8 Bscfd. collections but may respond after 30 offload and regasify LNG. Thereafter, the pipelines will continue days. Therefore, to ensure maximum The proposed GBS is a double-walled onshore to multiple gas delivery points consideration, you must submit concrete structure, rectilinear in shape, in Louisiana and come under FERC comments on or before August 20, 2004. that would measure approximately 590 jurisdiction. feet (180 meters) long by 295 feet (90 ADDRESSES: Submit your comments on meters) wide. The structure would rest Pearl Crossing Pipeline LLC will this information collection renewal to on the seabed with a total terminal transport natural gas from the terminal’s the Desk Officer for the Department of footprint (GBS plus jacket structures) two offshore pipelines for further the Interior at OMB–OIRA via facsimile area of approximately 12 acres (5 transportation. Gas will be transported or e-mail using the following fax hectares). The terminal would include to a metering and distribution station in number or e-mail address: (202) 395– LNG storage tanks, equipment for Johnsons Bayou for delivery to several 6566 (fax); _ receiving and vaporization of LNG, interstate and intrastate pipelines near OIRA [email protected] (e-mail). electric power generation, water the station. Once onshore, an additional Please provide a copy of your comments purification, nitrogen generation, 63.75 miles of 42-inch-diameter to the Fish and Wildlife Service’s sewage treatment and accommodations pipeline and five additional meter Information Collection Clearance for up to 60 persons. The total net stations would be constructed. The Officer, 4401 N. Fairfax Dr., MS 222 working capacity of the two integral pipeline would terminate near Starks, ARLSQ, Arlington, VA 22207; (703) LNG storage tanks would be 250,000 Louisiana, and requires separate 358–2269 (fax); or 3 [email protected] (e-mail). cubic meters (m ). permitting by FERC. There are no Pearl Crossing would have the ability proposals for onshore storage. FOR FURTHER INFORMATION CONTACT: To to accommodate two LNG carriers request a copy of the information alongside that will have capacities collection request, related forms, or ranging from 125,000 to 250,000 m3 per explanatory material, contact Anissa vessel. This would allow one incoming Craghead at telephone number (703)

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358–2445, or electronically at form has been modified for applications having obtained an import/export [email protected]. for specific activities as described license. This authority allows us to SUPPLEMENTARY INFORMATION: OMB above, it is rarely, if ever used by itself. ensure that protected species are not regulations at 5 CFR 1320, which Therefore, the annual responses and the being used in commercial trade. We use implement provisions of the Paperwork annual burden hours resulting from the the information obtained from Form 3– Reduction Act of 1995 (44 U.S.C. 3501 use of this form are essentially zero. 200–3 as an enforcement tool and et seq.), require that interested members Though this form is rarely, if ever, used management aid in monitoring the of the public and affected agencies have by itself, we intend to maintain this international wildlife market and an opportunity to comment on form in the event that a general permit detecting trends and changes in the application form is needed at some commercial trade of wildlife and information collection and point in the future for an unanticipated wildlife products. Our estimates of the recordkeeping activities (see 5 CFR activity, one that was not provided for total annual responses and the total 1320.8(d)). We have submitted a request to OMB in the development of the sequence of annual burden hours for Form 3–200–3 forms described above. contained in our notice published in the to renew its approval of the collection The Service’s Form 3–200–2, Federal Register on March 16, 2004 (69 of information included in Form 3–200– Designated Port Exception permit FR 12343), were in error. The estimates 1, the general permit application form; application form is the application form contained in that notice were based only Form 3–200–2, Designated Port to request an import or export of upon our data for new applicants using Exception permit application form; and wildlife or wildlife products at a port Form 3–200–3. The estimates contained Form 3–200–3, Import/Export license other than a port designated in 50 CFR in this notice are based upon our data application form. 14.12. Title 50, of the Code of Federal for new applicants and renewal All three of these forms are approved Regulations, § 14.11 (50 CFR 14.11) applicants using Form 3–200–3. It will under OMB control number 1018–0092, makes it unlawful to import or export take an average of one hour for each which expires on July 31, 2004. We are wildlife or wildlife products at a port respondent to complete the application requesting a three year term of approval other than a designated port listed in 50 for an import/export license, whether it for this information collection activity. CFR 14.12, unless you qualify for one of is a new application or an application We may not conduct or sponsor, and the exceptions that allow you to import to renew an existing import/export you are not required to respond to, a or export your wildlife or wildlife license. Import/export licensees are collection of information unless it products at a different port. These required to maintain records that displays a currently valid OMB control exceptions allow you to import or accurately describe each importation or number. export wildlife or wildlife products at a exportation of wildlife or wildlife The Endangered Species Act (ESA)(16 nondesignated port for the following products made under the license, and U.S.C. 1531 et seq.) makes it unlawful reasons: (1) For use as scientific any additional sale or transfer of the to import or export fish, wildlife, or specimens; (2) to minimize deterioration wildlife or wildlife products. In plants without obtaining prior or loss; and (3) to relieve economic addition, licensees are required to make permission as deemed necessary for hardship. We recognize the limitations these records and the corresponding enforcing the ESA or upholding the that the requirement to use a designated inventory of wildlife or wildlife Convention on International Trade in port may place on certain individuals, products available for our inspection at Endangered Species (CITES) (see 16 businesses or scientific organizations. reasonable times, subject to applicable U.S.C. 1538(e)). The issuance of a Designated Port limitations of law. However, these The U.S. Fish and Wildlife Service’s Exception permit can relieve these Form 3–200–1, Permit Application recordkeeping requirements will not limitations for certain qualified result in additional burden to import/ Form, is the general application form for individuals, businesses or scientific all permitted activities authorized by export licensees because these records organizations. Our estimates of the total already exist. Form 3–177, Declaration the Service. In the interest of making the annual responses and the total annual application process simpler for the for Importation or Exportation of Fish or burden hours for Form 3–200–2 Wildlife, which is required for all public, we have previously modified the contained in our notice published in the format of the first page of Form 3–200, imports or exports of wildlife or wildlife Federal Register on March 16, 2004 (69 products, provides an accurate creating a sequence of forms such as FR 12343), were in error. The estimates Form 3–200–1, 3–200–2, 3–200–3, etc. description of these imports and contained in that notice were based only exports. Form 3–177 is approved under This enables the public to use a specific upon our data for new applicants using application form when requesting OMB control number 1018–0012, which Form 3–200–2. The estimates contained expires December 31, 2006. Normal permission to conduct a certain in this notice are based upon our data otherwise unauthorized activity. Each business practices should produce for new applicants and renewal records, such as invoices or bills of sale, specific application form contains applicants using Form 3–200–2. It will questions that are specific to the that describe additional sales or take an average of one hour for each transfers of the wildlife or wildlife requested activity. This makes the respondent to complete the application application process easier for the public products. for a designated port exception permit, Title: Permit application form. by eliminating the need to use one whether it is a new application or an Approval Number: 1018–0092. application form, with standard application to renew an existing Service Form Number: 3–200–1. questions, to apply for any number of designated port exception permit. Frequency of Collection: Rarely, if otherwise unauthorized activities, many The Service’s Form 3–200–3, Import/ ever used, for reasons described above. of which are distinctly different from Export license application form, is the Description of Respondents: Scientific one another and could not be application form to request an import/ institutions, businesses or individuals adequately or fairly evaluated using export license. Title 50, of the Code of that request permission to conduct any standard questions. In the above Federal Regulations, § 14.11 (50 CFR number of otherwise unauthorized mentioned sequence of forms, the 14.91) makes it unlawful to import or activities. general Permit Application Form is export wildlife or wildlife products for Total Annual Responses: 0. designated as Form 3–200–1. Since this commercial purposes without first Total Annual Burden Hours: 0.

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Title: Designated Port Exception you must state this clearly at the ADDRESSES: Information submitted on permit application form. beginning of your comment. We will not either species should be sent to the U.S. Approval Number: 1018–0092. consider anonymous comments. We Fish and Wildlife Service, Endangered Service Form Number: 3–200–2. generally make all submissions from Species Division, Chief, Attention: 5- Frequency of Collection: On occasion, organizations or businesses, and from year Review, 500 Gold St. SE., whenever permission is requested to individuals identifying themselves as Albuquerque, New Mexico, 87103. import wildlife or wildlife products at a representatives or officials of Information received in response to this nondesignated port for use as scientific organizations or businesses, available notice and review will be available for specimens, to minimize deterioration or for public inspection in their entirety. public inspection by appointment, loss, or to relieve economic hardship. Dated: July 15, 2004. during normal business hours, at the Description of Respondents: Scientific Anissa Craghead, above address. institutions, businesses or individuals that import or export scientific Information Collection Clearance Officer, FOR FURTHER INFORMATION CONTACT: Fish and Wildlife Service. specimens, wildlife, or wildlife Wendy Brown or Tracy Scheffler at the products. [FR Doc. 04–16606 Filed 7–20–04; 8:45 am] above address, or at 505/248–6920. BILLING CODE 4310–55–P Total Annual Responses: SUPPLEMENTARY INFORMATION: Approximately 1,164. Total Annual Burden Hours: The total Why Is a 5-year Review Conducted? DEPARTMENT OF THE INTERIOR annual burden is approximately 1,164 Section 4(c)(2)(A) of the Act requires hours. We estimate the reporting burden Fish and Wildlife Service to average one hour per response. that we conduct a review of listed Title: Import/Export license Endangered and Threatened Wildlife species at least once every 5 years. We application form. and Plants; 5-Year Review of Holy are then, under section 4(c)(2)(B) and Approval Number: 1018–0092. Ghost Ipomopsis and Kuenzler the provisions of subsections (a) and (b), Service Form Number: 3–200–3. Hedgehog Cactus to determine, on the basis of such a Frequency of Collection: On occasion, review, whether or not any species whenever permission is requested to AGENCY: Fish and Wildlife Service, should be removed from the List import or export wildlife or wildlife Interior. (delisted), or reclassified from products for commercial purposes. ACTION: Notice of review. endangered to threatened, or from Description of Respondents: threatened to endangered. Our Businesses or individuals that import or SUMMARY: The U.S. Fish and Wildlife regulations at 50 CFR 424.21 require export wildlife or wildlife products for Service (Service), announces a 5-year that we publish a notice in the Federal commercial purposes. review of Holy Ghost Ipomopsis Register announcing those species Total Annual Responses: (Ipomopsis sancti-spiritus) and currently under active review. This Approximately 6,886. Kuenzler hedgehog cactus notice announces our active review of Total Annual Burden Hours: The total (Echinocereus fendleri var. kuenzleri) Holy Ghost Ipomopsis and Kuenzler annual burden is approximately 6,886 under section 4(c)(2)(A) of the hedgehog cactus. hours. We estimate the reporting burden Endangered Species Act of 1973 (Act) to average one hour per response. (16 U.S.C. 1531 et seq.). The purpose of What Information Is Considered in the We again invite comments concerning reviews conducted under this section of Review? the Act is to ensure that the this renewal on: (1) Whether the A 5-year review considers all new collection of information is useful and classification of species as threatened or endangered on the List of Endangered information available at the time of the necessary for us to do our job, (2) the review. These reviews will consider the accuracy of our estimate of the burden and Threatened Wildlife and Plants (List) is accurate. best scientific and commercial data that on the public to complete the form; (3) has become available since the current ways to enhance the quality and clarity The 5-year review is an assessment of the best scientific and commercial data listing determination or most recent of the information to be collected; and status review of each species, such as: (4) ways to minimize the burden of the available at the time of the review. collection on respondents, including Therefore, we are requesting submission A. Species biology including, but not use of appropriate automated, of any new information (best scientific limited to, population trends, electronic, mechanical, or other and commercial data) on Holy Ghost distribution, abundance, demographics, technological collection techniques or Ipomopsis and Kuenzler hedgehog and genetics; other forms of information technology. cactus since their original listings as B. Habitat conditions including, but This information collection is part of a endangered species in 1994 (59 FR not limited to, amount, distribution, and system of records covered by the 13836) and 1979 (44 FR 61924), suitability; respectively. If the present classification Privacy Act (5 U.S.C. 552(a)). C. Conservation measures that have Our practice is to make comments, of either of these species is not consistent with the best scientific and been implemented to benefit the including names and home addresses of species; respondents, available for public review commercial information available, the during regular business hours. Service will recommend whether or not D. Threat status and trends (see five Individual respondents may request that a change is warranted in the Federal factors under heading ‘‘How do we we withhold their home addresses from classification of Holy Ghost Ipomopsis determine whether a species is the record, which we will honor to the or Kuenzler hedgehog cactus. Any endangered or threatened?’’); and extent allowable by law. There may also change in Federal classification would E. Other new information, data, or be limited circumstances in which we require a separate final rule-making corrections including, but not limited would withhold a respondent’s identity process. to, taxonomic or nomenclatural changes, from the rulemaking record, as DATES: Information submitted for our identification of erroneous information allowable by law. If you wish us to consideration must be received on or contained in the List, and improved withhold your name and/or address, before August 20, 2004. analytical methods.

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How Are Holy Ghost Ipomopsis and Amendments to the List through final wildlife.html#Species. In Table 1 below, Kuenzler Hedgehog Cactus Currently rules are published in the Federal we provide a summary of the listing Listed? Register. The List is also available on information for both species. The List is found in 50 CFR 17.11 our internet site at http:// (wildlife) and 17.12 (plants). endangered.fws.gov/

TABLE 1.—SUMMARY OF THE LISTING INFORMATION FOR HOLY GHOST IPOMOPSIS AND KUENZLER HEDGEHOG CACTUS

Common name Scientific name Status Where listed Final listing rule

Holy Ghost Ipomopsis ...... Ipomopsis sancti- Endangered ...... NM ...... 1994; 59 FR; 13836 spiritus. 13840 Kuenzler hedgehog cactus ...... Echinocereus fendleri Endangered ...... NM ...... 1979; 44 FR; 61924 var. kuenzleri. 61927

Definitions Related to This Notice is not warranted for either species, Holy DEPARTMENT OF THE INTERIOR The following definitions are Ghost Ipomopsis and Kuenzler Bureau of Indian Affairs provided to assist those persons who hedgehog cactus will remain on the List under their current status. contemplate submitting information Tribal Consultation on Indian regarding the species being reviewed: Public Solicitation of New Information Education Topics A. Species includes any species or subspecies of fish, wildlife, or plant, We request any new information AGENCY: Bureau of Indian Affairs, and any distinct population segment of concerning the status of Holy Ghost Interior. any species of vertebrate, which Ipomopsis or Kuenzler hedgehog cactus. ACTION: Notice of tribal consultation interbreeds when mature. See ‘‘What information is considered in meetings. B. Endangered means any species that the review?’’ heading for specific SUMMARY: This notice announces that is in danger of extinction throughout all criteria. Information submitted should or a significant portion of its range. the Bureau of Indian Affairs (BIA) will be supported by documentation such as C. Threatened means any species that conduct consultation meetings to obtain is likely to become an endangered maps, bibliographic references, methods oral and written comments concerning species within the foreseeable future used to gather and analyze the data, potential issues in Indian Education throughout all or a significant portion of and/or copies of any pertinent Programs. The potential issues will be its range. publications, reports, or letters by set forth and described in a tribal knowledgeable sources. Our practice is consultation booklet to be issued before How Do We Determine Whether a to make comments, including names the meetings by the Office of Indian Species Is Endangered or Threatened? and home addresses of respondents, Education Programs (OIEP). The Section 4(a)(1) of the Act establishes available for public review. Individual proposed topics are: implementation of that we determine whether a species is respondents may request that we a recommendation proposed by the endangered or threatened based on one withhold their home addresses from the General Accounting Office (GAO) to or more of the five following factors: supporting record, which we will honor modify the accounting codes used for A. The present or threatened to the extent allowable by law. There the expenditure of funds in schools; destruction, modification, or also may be circumstances in which we developing a high school curriculum to curtailment of its habitat or range; may withhold from the supporting provide high schools students with B. Overutilization for commercial, record a respondent’s identity, as essential life skills and financial recreational, scientific, or educational allowable by law. If you wish us to management training to better prepare purposes; withhold your name and/or address, them for success as adults; establishing C. Disease or predation; a pilot school to test an alternative D. The inadequacy of existing you must state this prominently at the beginning of your comment. We will not school model for a Center of Excellence regulatory mechanisms; or (Leadership Academy) designed to E. Other natural or manmade factors consider anonymous comments, provide students with additional affecting its continued existence. however. We will make all submissions training in leadership; and the Section 4(a)(1) of the Act requires that from organizations or businesses, and upcoming Facility Maintenance and our determination be made on the basis from individuals identifying themselves Construction Negotiated Rulemaking, as of the best scientific and commercial as representatives or officials of required by Public Law 107–110, Sec. data available. organizations or businesses, available 1125, 115 Stat 2021. for public inspection in their entirety. What Could Happen as a Result of This DATES: August 16 through 21, 2004, for Review? Authority all locations listed. All meetings will If we find that there is new begin at 9 a.m. and continue until 3 p.m. information concerning either Holy This document is published under the (local time) or until all meeting Ghost Ipomopsis or Kuenzler hedgehog authority of the Endangered Species Act participants have an opportunity to cactus indicating a change in (16 U.S.C. 1531 et seq.). make comments. classification may be warranted, we may Dated: June 14, 2004. ADDRESSES: Send or hand-deliver propose a new rule that could do one of Regional Director, Region 2, Fish and Wildlife written comments to Edward Parisian, the following: (a) reclassify the species Service. Director, Office of Indian Education from endangered to threatened; or (b) [FR Doc. 04–16489 Filed 7–20–04; 8:45 am] Programs, Bureau of Indian Affairs, MS remove the species from the List. If we Room 3512–MIB, 1849 C St., NW., BILLING CODE 4310–55–P determine that a change in classification Washington, DC 20240. Submissions by

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facsimile should be sent to (202) 273– meetings conducted by the OIEP/BIA parties with an opportunity to comment 0030. since 1990. The purpose of the on potential issues raised during FOR FURTHER INFORMATION CONTACT: Mr. consultation, as required by 25 U.S.C. previous consultation meetings or being Garry Martin, (202) 208–2472. 2011(b), is to provide Indian tribes, considered by the BIA on Indian SUPPLEMENTARY INFORMATION: The school boards, parents, Indian education programs. meetings are a follow-up to similar organizations and other interested

MEETING SCHEDULE

Date Location Local Contact Phone Numbers

August 16 ...... Minneapolis, MN ...... Terry Portra ...... (612) 713–4400 ext. 1090 August 16 ...... Portland, OR ...... John Reimer ...... (503) 872–2743 August 17 ...... Gallup, NM ...... Beatrice Woodward ...... (505) 786–6152 August 17 ...... Nashville, TN ...... Ernest Clark ...... (615) 695–4101 August 18 ...... Aberdeen, SD ...... Dr. Cherie Farlee ...... (605) 964–8722 August 18 ...... Billings, MT ...... Levon French ...... (406) 247–7953 August 19 ...... Phoenix, AZ ...... Kevin Skenandore ...... (928) 338–5442 August 19 ...... Oklahoma City, OK ...... Joy Martin ...... (405) 605–6051 August 20 ...... Sacramento, CA ...... Fayetta Babby ...... (916) 978–6058 August 20 ...... Albuquerque, NM ...... Dr. Jennie Jimenez ...... (505) 753–1465

A consultation booklet for the DEPARTMENT OF THE INTERIOR agencies Off Road Vehicles policies; Sub meetings is being distributed to committee reports and status; Federal federally-recognized Indian tribes, Bureau of Land Management Officials’ update and other issues that Bureau Regional and Agency Offices [OR–010–1020–PK; HAG 04–0215] may come before the Council. and Bureau-funded schools. The FOR FURTHER INFORMATION CONTACT: booklets will also be available from Council Meeting Notice Additional information concerning the local contact persons at each meeting. SEORAC tour or meeting may be AGENCY: Bureau of Land Management obtained from Pam Talbott, Contact Public Comment Availability (BLM), Lakeview District. Representative, Lakeview Interagency ACTION: Comments, including names, street Meeting Notice for the Office, 1301 South G Street, Lakeview, addresses, and other contact Southeast Oregon Resource Advisory OR 97630 (541) 947–6107, or information of respondents, will be Council. [email protected] and/or from the available for public review at the SUMMARY: The Southeast Oregon following Web site http:// address listed under the ADDRESSES Resource Advisory Council (SEORAC) www.or.blm.gov/SEOR–RAC. section during regular business hours will hold an all day field tour on (7:45 a.m. to 4:15 p.m. e.s.t.), Monday Dated: July 7, 2004. Monday, August 23, 2004 starting at 7 through Friday, except Federal holidays. M. Joe Tague, a.m. Pacific Time (PT) at the Lakeview Individual respondents may request Associate District Manager. District Office. Tuesday, August 24, confidentiality. If you wish us to [FR Doc. 04–16491 Filed 7–20–04; 8:45 am] 2004 the meeting will be from 8 a.m. to withhold your name, street address, and BILLING CODE 4310–33–P 5 p.m. (PT). Members of the public are other contact information (such as fax or invited to attend the Lakeview meeting phone number) from public review or in person at the Lakeview District DEPARTMENT OF THE INTERIOR from disclosure under the Freedom of Office, Conference Room, 1301 South G Information Act, you must state this Street, Lakeview, Oregon 97630. Public Bureau of Land Management prominently at the beginning of your comment is scheduled for 9:15 a.m. on comment. We will honor your request to Tuesday, August 24, 2004. Information [AZ–910–0777–XP–241A] the extent allowable by law. We will from the public, to be distributed to the State of Arizona Resource Advisory make available for public inspection in Council members is requested in written Council Meeting their entirety all submissions from format 10 days prior to the Council organizations or businesses, and from meeting. AGENCY: Bureau of Land Management, individuals identifying themselves as The meeting topics that may be Interior. representatives or officials of discussed by the Council include a organizations or businesses. ACTION: Arizona Resource Advisory discussion of issues within Southeast Council meeting notice. Authority Oregon related to: Tour of Beaty Butte Allotment and review; Welcome to New SUMMARY: This notice is published in This notice announces a Members and RAC Administration accordance with the authority delegated meeting and tour of the Arizona duties; RAC Charter review for possible by the Secretary of the Interior to the Resource Advisory Council (RAC). boundary changes; Budget Process The business meeting will be held on Principal Deputy Assistant Secretary— update; Healthy Forest Initiative (HFI)— August 18, 2004, at the Bureau of Land Indian Affairs by 209 DM 8.1. Healthy Forest Restoration Act projects Management National Training Center Dated: July 13, 2004. (HFRA) and determining the RAC located at 9828 North 31st Avenue, Aurene M. Martin, participation with District and Forest Phoenix, Arizona. It will begin at 9 a.m. Principal Deputy Assistant Secretary—Indian projects; The RAC role with Business and conclude at 4 p.m. The agenda Affairs. Plan for the Lakeview Resource items to be covered include: Review of [FR Doc. 04–16615 Filed 7–20–04; 8:45 am] Management Plan; Standards and the May 26, 2004, Meetings Minutes; BILLING CODE 4310–6W–P Guidelines update; Differences in BLM State Director’s Update on

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Statewide Issues; Presentations on BLM International Trade Commission, 500 E DEPARTMENT OF LABOR Stewardship Contracting; BLM Street, SW., Washington, DC 20436, Antiquities Act Celebration Update; telephone 202–205–2000. Hearing- Office of the Secretary University of Arizona Project on impaired persons are advised that Submission for OMB Review: Collecting and Interpreting Rangeland information on this matter can be Comment Request Monitoring Data; and Arizona Land Use obtained by contacting the Planning Updates; RAC Questions on Commission’s TDD terminal on 202– July 13, 2004. Written Reports from BLM Field 205–1810. General information The Department of Labor (DOL) has Managers; Field Office Rangeland concerning the Commission may also be submitted the following public Resource Team Proposals; Reports by obtained by accessing its Internet server information collection request (ICR) to the Standards and Guidelines, (http://www.usitc.gov). The public the Office of Management and Budget Recreation, Off-Highway Vehicle Use, record for this investigation may be (OMB) for review and approval in Public Relations, Land Use Planning viewed on the Commission’s electronic accordance with the Paperwork and Tenure, and Wild Horse and Burro docket (EDIS) at http://edis.usitc.gov. Reduction Act of 1995 (Pub. L. 104–13, Working Groups; Reports from RAC 44 U.S.C. chapter 35). A copy of this members; and Discussion of future SUPPLEMENTARY INFORMATION: The ICR, with applicable supporting meetings. A public comment period will Commission instituted this patent-based documentation, may be obtained by be provided at 11:30 a.m. on August 18, section 337 investigation on May 7, contacting the Department of Labor 2004, for any interested publics who 2004, based on a complaint filed by (DOL). To obtain documentation, wish to address the Council. Tyco Healthcare Retail Group, Inc. and contact Darrin King on 202–693–4129 FOR FURTHER INFORMATION CONTACT: Paragon Trade Brands, Inc. of King of (this is not a toll-free number) or e-mail: Deborah Stevens, Bureau of Land Prussia, Pennsylvania. 69 FR 25609. The [email protected]. Management, Arizona State Office, 222 respondents named in the investigation Comments should be sent to Office of North Central Avenue, Phoenix, Arizona are Grupo ABS Internacional, S.A. de Information and Regulatory Affairs, 85004–2203, (602) 417–9215. C.V. and Absormex S.A. de C.V. of Attn: OMB Desk Officer for the Lonna O’Neal, Mexico, and Absormex USA, Inc. of Occupational Safety and Health Administration (OSHA), Office of Acting Arizona State Director. Laredo, Texas. The complaint alleged Management and Budget, Room 10235, [FR Doc. 04–16547 Filed 7–20–04; 8:45 am] that respondents violated section 337 of the Tariff Act of 1930 by importing into Washington, DC 20503, 202–395–7316 BILLING CODE 4310–32–M the United States, selling for (this is not a toll-free number), within importation, and/or selling within the 30 days from the date of this publication United States after importation certain in the Federal Register. INTERNATIONAL TRADE The OMB is particularly interested in COMMISSION absorbent garments by reason of infringement of certain claims of U.S. comments which: • Evaluate whether the proposed [Inv. No. 337–TA–508] Patent Nos. 5,275,590; 5,403,301; and collection of information is necessary 4,892,528. Certain Absorbent Garments; Notice of for the proper performance of the A Commission Determination Not To On June 16, 2004, complainants filed functions of the agency, including Review an Initial Determination a motion for leave to amend their whether the information will have Granting a Motion To Amend the complaint to add ABS Bienes de Capital practical utility; Complaint and Notice of Investigation S.A. de C.V. as a respondent to the • Evaluate the accuracy of the investigation. agency’s estimate of the burden of the AGENCY: U.S. International Trade proposed collection of information, Commission. On June 22, 2004, the ALJ issued an ID (Order No. 4) granting complainants’ including the validity of the ACTION: Notice. unopposed motion to amend the methodology and assumptions used; • Enhance the quality, utility, and complaint and notice of investigation. SUMMARY: Notice is hereby given that clarity of the information to be the U.S. International Trade No petitions for review of the ID were collected; and Commission has determined not to filed. • Minimize the burden of the review the presiding administrative law The authority for the Commission’s collection of information on those who judge’s (‘‘ALJ’’) initial determination action is contained in section 337 of the are to respond, including through the (‘‘ID’’) granting complainants’ motion to Tariff Act of 1930, as amended (19 use of appropriate automated, amend the complaint and notice of U.S.C. 1337) and in section 210.42 of electronic, mechanical, or other investigation in the above-captioned technological collection techniques or investigation to add ABS Bienes de the Commission’s Rules of Practice and Procedure (19 CFR 210.42). other forms of information technology, Capital S.A. de C.V. as a respondent to e.g., permitting electronic submission of this investigation. Issued: July 12, 2004. responses. FOR FURTHER INFORMATION CONTACT: By order of the Commission. Agency: Occupational Safety and Timothy P. Monaghan, Esq., Office of Marilyn R. Abbott, Health Administration. the General Counsel, U.S. International Secretary to the Commission. Type of Review: Extension of Trade Commission, 500 E Street, SW., [FR Doc. 04–16528 Filed 7–20–04; 8:45 am] currently approved collection. Washington, DC 20436, telephone 202– BILLING CODE 7020–02–P Title: Student Data Form. 205–3152. Copies of the ID and all OMB Number: 1218–0172. nonconfidential documents filed in Frequency: On occasion. connection with this investigation are or Type of Response: Reporting. will be available for inspection during Affected Public: Individuals or official business hours (8:45 a.m. to 5:15 households; business or other for-profit; p.m.) in the Office of the Secretary, U.S. not-for-profit institutions; Federal

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Government; and State, Local, or Tribal whether the information will have OMB Number: 1219–0016. Government. practical utility; Frequency: On occasion and annually. Number of Respondents: 5,000. • Evaluate the accuracy of the Type of Response: Recordkeeping and Number of Annual Responses: 5,000. agency’s estimate of the burden of the reporting. Estimated Time Per Response: 5 proposed collection of information, Affected Public: Business or other for- minutes. including the validity of the profit. Total Burden Hours: 417. methodology and assumptions used; Number of Respondents: 258. • Total Annualized capital/startup Enhance the quality, utility, and Number of Annual Responses: 267. costs: $0. clarity of the information to be Estimated Time Per Response: Varies collected; and from 24 hours to develop a new or Total Annual Costs (operating/ • maintaining systems or purchasing Minimize the burden of the revise an existing mine ventilation plan services): $0. collection of information on those who to 1.5 hours to develop or revise a main Description: The Student Data Form are to respond, including through the ventilation fan maintenance schedule. (OSHA Form 182) is used to collect use of appropriate automated, Total Burden Hours: 6,206. student group and emergency electronic, mechanical, or other Total Annualized capital/startup information from Training Institutes technological collection techniques or costs: $0. students. This information is used to other forms of information technology, Total Annual Costs (operating/ contact designated persons in the event e.g., permitting electronic submission of maintaining systems or purchasing of an emergency; for student group data responses. services): $0. reports; and for tuition receipt. Agency: Mine Safety and Health Description: 30 CFR 57.8520 and Administration. 57.8525 requires mine operators to Ira L. Mills, Type of Review: Extension of install and maintain a properly Departmental Clearance Officer. currently approved collection. operating ventilation system and to [FR Doc. 04–16537 Filed 7–20–04; 8:45 am] Title: Hazardous Conditions maintain main fans according to either BILLING CODE 4510–26–P Complaints. the manufacturers recommendations or OMB Number: 1219–0014. a written periodic schedule developed Frequency: On occasion. by the mine operator. DEPARTMENT OF LABOR Type of Response: Reporting. Agency: Mine Safety and Health Affected Public: Business or other for- Administration. Office of the Secretary profit. Type of Review: Extension of Number of Respondents: 1,003. currently approved collection. Submission for OMB Review: Number of Annual Responses: 1,003. Comment Request Estimated Time Per Response: 12 Title: Slope and Shaft Sinking Plans. minutes. OMB Number: 1219–0019. July 14, 2004. Total Burden Hours: 201. Frequency: On occasion. The Department of Labor (DOL) has Total Annualized capital/startup Type of Response: Reporting. submitted the following public costs: $0. Affected Public: Business or other for- information collection requests (ICRs) to Total Annual Costs (operating/ profit. the Office of Management and Budget maintaining systems or purchasing Number of Respondents: 78. (OMB) for review and approval in services): $0. Number of Annual Responses: 78. accordance with the Paperwork Description: Section 103(g) of the Estimated Time Per Response: 20 Reduction Act of 1995 (Pub. L. 104–13, Federal Mine Safety and Health Act of hours. 44 U.S.C. chapter 35). A copy of each 1977 (Pub. L. 91–173, as amended by Total Burden Hours: 1,560. ICR, with applicable supporting Pub. L. 95–164) (Mine Act), states that Total Annualized capital/startup documentation, may be obtained by a representative of miners, or any costs: $0. contacting the Department of Labor individual miner where there is no Total Annual Costs (operating/ (DOL). To obtain documentation, representative of miners, may submit a maintaining systems or purchasing contact Darrin King on 202–693–4129 written or oral notification of alleged services): $1,170. (this is not a toll-free number) or e-mail: violation of the Mine Act or a Description: 30 CFR 77.1900 requires [email protected]. mandatory standard or of an imminent coal mine operators to submit to MSHA Comments should be sent to Office of danger. Such notification requires for approval, a plan that will provide for Information and Regulatory Affairs, MSHA to make an immediate the safety of workmen in each slope or Attn: OMB Desk Officer for the Mine inspection. A copy of the notice must be shaft that is commenced or extended. Safety and Health Administration provided to the operator. Agency: Mine Safety and Health (MSHA), Office of Management and 30 CFR, part 43, implements section Administration. Budget, Room 10235, Washington, DC 103(g) of the Mine Act. It provides the Type of Review: Extension of 20503, 202–395–7316 (this is not a toll- procedures for submitting notification of currently approved collection. free number), within 30 days from the the alleged violation and the actions Title: Safety Defects; Examination, date of this publication in the Federal which MSHA must take after receiving Correction and Records. Register. the notice. OMB Number: 1219–0089. The OMB is particularly interested in Agency: Mine Safety and Health Frequency: On occasion; Annually; comments which: Administration. and each shift. • Evaluate whether the proposed Type of Review: Extension of Type of Response: Reporting. collection of information is necessary currently approved collection. Affected Public: Business or other for- for the proper performance of the Title: Ventilation Plan and Main Fan profit. functions of the agency, including Maintenance Record. Number of Respondents: 12,163.

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Average re- Information collection requirement Annual re- sponse time Annual burden sponses (hours) hours

30 CFR 56/57.13015 ...... 3,238 0.17 540 30 CFR 56/57.13030 ...... 488 0.17 81 30 CFR 56/57.14100 ...... Small Mines ...... 4,243,837 0.08 339,507 Large Mines ...... 4,756,020 0.08 380,482 30 CFR 56/57.18002 ...... 2,438,987 0.20 487,797

Total: ...... 11,442,570 ////// 1,208,407

Total Annualized capital/startup (this is not a toll-free number) or email: Type of Response: Reporting. costs: $0. [email protected]. Affected Public: State, Local, or Tribal Total Annual Costs (operating/ Comments should be sent to Office of Government and Federal Government. maintaining systems or purchasing Information and Regulatory Affairs, Number of Respondents: 1,600. services): $0. Attn: OMB Desk Officer for the Number of Annual Responses: 1,600. Employment Standards Administration Description: 30 CFR 56/57.14100, 56/ Estimated Time Per Response: 15 (ESA), Office of Management and minutes. 57.13015, 56/57.13030, and 56/57.18002 Budget, Room 10235, Washington, DC Total Burden Hours: 400. requires equipment operators to inspect 20503, 202–395–7316 (this is not a toll- equipment, machinery, and tools that free number), within 30 days from the Total Annualized capital/startup are to be used during a shift for safety date of this publication in the Federal costs: $0. defects before the equipment is placed Register. Total Annual Costs (operating/ in operation. Reports of uncorrected The OMB is particularly interested in maintaining systems or purchasing defects are required to be recorded by comments which: services): $640. the mine operator and retained for • Evaluate whether the proposed Description: The Federal Mine Safety MSHA review until the defect has been collection of information is necessary and Health Act of 1977, as amended (30 corrected. for the proper performance of the U.S.C. 901) and 20 CFR 725.535, directs functions of the agency, including that DOL Black Lung benefit payments Ira L. Mills, whether the information will have to a beneficiary for any month be Departmental Clearance Officer. practical utility; reduced by any other payments of State [FR Doc. 04–16538 Filed 7–20–04; 8:45 am] • Evaluate the accuracy of the or Federal benefits for workers’ BILLING CODE 4510–30–P agency’s estimate of the burden of the compensation due to pneumoconiosis. proposed collection of information, The information collected by the Form including the validity of the CM–905 allows DOL to determine the DEPARTMENT OF LABOR methodology and assumptions used; amounts of black lung benefits paid to • Enhance the quality, utility, and beneficiaries. Black Lung amounts are Office of the Secretary clarity of the information to be reduced dollar for dollar, for other black Submission for OMB Review: collected; and lung related workers’ compensation • Minimize the burden of the Comment Request awards the beneficiary may be receiving collection of information on those who from State or Federal programs. July 15, 2004. are to respond, including through the Agency: Employment Standards use of appropriate automated, Administration. The Department of Labor (DOL) has electronic, mechanical, or other submitted the following public Type of Review: Extension of technological collection techniques or currently approved collection. information collection requests (ICRs) to other forms of information technology, the Office of Management and Budget Title: Labor Standards for Federal e.g., permitting electronic submission of Service Contracts—Regulations 29 CFR, (OMB) for review and approval in responses. accordance with the Paperwork part 4. Agency: Employment Standards OMB Number: 1215–0150. Reduction Act of 1995 (Pub. L. 104–13, Administration. 44 U.S.C. chapter 35). A copy of each Type of Review: Extension of Frequency: On occasion. ICR, with applicable supporting currently approved collection. Type of Response: Reporting and documentation, may be obtained by Title: Request for State or Federal recordkeeping. contacting the Department of Labor Workers’ Compensation Information. Affected Public: Business or other for- (DOL). To obtain documentation, OMB Number: 1215–0060. profit and Federal Government. contact Darrin King on 202–693–4129 Frequency: On occasion. Number of Respondents: 83,854.

Average re- Information collection requirement Annual re- sponse time Annual burden sponses (hours) hours

Vacation Benefit Seniority List ...... 82,149 1.00 82,149 Conformance Record ...... 200 0.50 100 Collective Bargaining Agreement ...... 1,505 0.08 125

Total: ...... 83,854 /////////// 82,374

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Total Annualized capital/startup requirements on respondents can be whether the information will have costs: $0. properly assessed. Currently, the practical utility; Total Annual Costs (operating/ Employment Standards Administration • evaluate the accuracy of the maintaining systems or purchasing is soliciting comments concerning the agency’s estimate of the burden of the services): $0. proposed collection: Report of proposed collection of information, Description: The Service Contract Act Construction Contractor’s Wage Rates including the validity of the (SCA) and Regulation 29 CFR part 4 (WD–10). A copy of the proposed methodology and assumptions used; impose certain recordkeeping and information collection request can be • enhance the quality, utility and incidental reporting requirements obtained by contacting the office listed clarity of the information to be applicable to employers with employees below in the addresses section of this collected; and • performing on service contracts within Notice. minimize the burden of the the Federal government. The basic collection of information on those who DATES: payroll recordkeeping requirements Written comments must be are to respond, including through the contained in this regulation, Sec. submitted to the office listed in the use of appropriate automated, 4.6(g)(1)(i) through (iv), have been addresses section below on or before electronic, mechanical, or other previously approved under OMB–1215– September 20, 2004. technological collection techniques or 0017, which constitutes the basic ADDRESSES: Ms. Hazel M. Bell, U.S. other forms of information technology, recordkeeping regulations for all laws Department of Labor, 200 Constitution e.g., permitting electronic submissions administered by the Wage and Hour Ave., NW, Room S–3201, Washington, of responses. DC 20210, telephone (202) 693–0418, Division. This information collection III. Current Actions contains three requirements not cleared fax (202) 693–1451, Email under the above information collection. [email protected]. Please use only one The Wage and Hour Division seeks They are: A vacation benefit seniority method of transmission for comments the approval of the extension of this list, which is used by the contractor to (mail, fax, or Email). information collection to obtain wage determine vacation fringe benefit SUPPLEMENTARY INFORMATION data in order to determine current prevailing wage rates in the various entitlements earned and accrued by I. Background service contract employees who were localities throughout the country. Type of Review: Extension. employed by predecessor contractors; a The Davis-Bacon Act (40 U.S.C. 3141, et seq.) provides that every contract in Agency: Employment Standards conformance record report, which is Administration. used by Wage and Hour to determine excess of $2,000 to which the United States or the District of Columbia is a Title: Report of Construction the appropriateness of the conformance Contractor’s Wage Rates. and compliance with the SCA and its party for construction, alteration, and/or repair which requires or involves the OMB Number: 1215–0046. regulations; and a collective bargaining Agency Number: WD–10. agreement, submitted by the contracting employment of mechanics and/or Affected Public: Business or other for- agency to Wage and Hour to be used in laborers shall contain a provision stating profit. the issuance of wage determinations for the minimum wages to be paid various Total Respondents: 37,500. successor contracts subject to section classes of laborers and mechanics which Total Annual Responses: 75,000. 2(a) and 4(c) of the SCA. shall be based upon the wages that will Time Per Response: 20 minutes. be determined by the Secretary of Labor Estimated Total Burden Hours: Darrin A. King, to be prevailing for the corresponding 25,000. Acting Departmental Clearance Officer. classes of laborers and mechanics Frequency: On occasion. [FR Doc. 04–16540 Filed 7–20–04; 8:45 am] employed on projects of a character Total Burden Cost (capital/startup): BILLING CODE 4510–27–P similar to the contract work in the city, $0. town, village or other civil subdivision Total Burden Cost (operating/ of the State in which the work is to be maintenance): $0. DEPARTMENT OF LABOR performed. Further, Section 1.3 of Comments submitted in response to Regulations 29 CFR part 1 provides that this notice will be summarized and/or Employment Standards Administration the Administrator of the Wage and Hour included in the request for Office of Management and Budget approval of the Proposed collection; comment request Division (WHD), through a delegation of authority, is responsible for making information collection request; they will also become a matter of public record. ACTION: Notice. these wage determinations. Form WD– 10 is used by the U.S. Department of Dated: July 15, 2004. SUMMARY: The Department of Labor, as Labor to elicit construction project data Sue R. Blumenthal, part of its continuing effort to reduce from contractor associations, contractors Acting Chief, Branch of Management Review paperwork and respondent burden, and unions. The wage data is used to and Internal Control, Division of Financial conducts a preclearance consultation determine locally prevailing wages Management, Office of Management, program to provide the general public under the Davis-Bacon and Related Administration and Planning, Employment and Federal agencies with an Acts. This information collection is Standards Administration. opportunity to comment on proposed currently approved for use through [FR Doc. 04–16539 Filed 7–20–04; 8:45 am] and/or continuing collections of February 28, 2005. BILLING CODE 4510–27–P information in accordance with the Paperwork Reduction Act of 1995 II. Review Focus (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This The Department of Labor is DEPARTMENT OF LABOR program helps to ensure that requested particularly interested in comments data can be provided in the desired which: Mine Safety and Health Administration • format, reporting burden (time and Evaluate whether the proposed Petitions for Modification financial resources) is minimized, collection of information is necessary collection instruments are clearly for the proper performance of the The following parties have filed understood, and the impact of collection functions of the agency, including petitions to modify the application of

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existing safety standards under section used when the proposed alternative in Schuylkill County, Pennsylvania. The 101(c) of the Federal Mine Safety and method is implemented. The petitioner petitioner proposes to use cross-sections Health Act of 1977. asserts that the proposed alternative instead of contour lines through the method would provide at least the same intake slope, at locations of rock tunnel 1. Consolidation Coal Company measure of protection as the existing connections between veins, and at 1,000 [Docket No. M–2004–025–C] standard. foot intervals of advance from the intake slope; and to limit the required mapping Consolidation Coal Company, 1800 3. Snyder Coal Company Washington Road, Pittsburgh, of the mine workings above and below Pennsylvania 15241 has filed a petition [Docket No. M–2004–027–C] to those present within 100 feet of the to modify the application of 30 CFR Snyder Coal Company, 66 Snyder vein being mined except when veins are 75.312(c) and (d) (Main mine fan Lane, Hegins, Pennsylvania 17938 has interconnected to other veins beyond examinations and records) to its filed a petition to modify the the 100-foot limit through rock tunnels. Loveridge No. 22 Mine (MSHA I.D. No. application of 30 CFR 49.2 (Availability The petitioner asserts that due to the 46–01433) located in Marion County, of mine rescue teams) to its No. 1 Rock steep pitch encountered in mining West Virginia. The petitioner requests a Slope (MSHA I.D. No. 36–09256) anthracite coal veins, contours provide modification of the existing standard to located in Schuylkill County, no useful information and their permit testing at least every 31 days of Pennsylvania. The petitioner requests a presence would make portions of the the automatic closing door(s) and the modification of the standard to permit map illegible. The petitioner further automatic fan signal device without the reduction of two mine rescue teams asserts that use of cross-sections in lieu shutting down the fan and without with five members and one alternate of contour lines has been practiced removing miners from the mine. The each, to two mine rescue teams of three since the late 1800’s thereby providing petitioner proposes to provide the fans members with one alternate for either critical information relative to the with an alarm system consisting of a team. The petitioner asserts that an spacing between veins and proximity to mechanical switch that will be mounted attempt to utilize five or more rescue other mine workings which fluctuate to the fan housing and designed to team members in the mine’s confined considerably. The petitioner asserts that activate a relay in the fan monitoring working places would result in the proposed alternative method would panel when the air reversal prevention diminution of safety to both the miners provide at least the same measure of door is in the closed position. The relay at the mine and members of the rescue protection as the existing standard. will activate a warning light near the team, and that the proposed alternative 6. Snyder Coal Company door location and provide an audible method would provide at least the same and visible alarm at a location where a measure of protection as the existing [Docket No. M–2004–030–C] responsible person will always be on standard. Snyder Coal Company, 66 Snyder duty when miners are working Lane, Hegins, Pennsylvania 17938 has 4. Snyder Coal Company underground, and will have two-way filed a petition to modify the communication with working sections. [Docket No. M–2004–028–C] application of 30 CFR 75.1202 and The petitioner states that a magnetic Snyder Coal Company, 66 Snyder 75.1202–1(a) (Temporary notations, switch may be used if approved by the Lane, Hegins, Pennsylvania 17938 has revisions, and supplements) to its No. 1 District Manager. The petitioner has filed a petition to modify the Rock Slope Mine (MSHA I.D. No. 36– listed in this petition for modification application of 30 CFR 75.1100–2(a) 09256) located in Schuylkill County, specific terms and conditions that will (Quantity and location of firefighting Pennsylvania. The petitioner proposes be used when the proposed alternative equipment) to its No. 1 Rock Slope to revise and supplement mine maps method is implemented. The petitioner (MSHA I.D. No. 36–09256) located in annually instead of every 6 months as asserts that the proposed alternative Schuylkill County, Pennsylvania. The required, and to update maps daily by method would provide at least the same petitioner requests a modification of the hand notations. The petitioner also measure of protection as the existing standard to permit use of only portable proposes to conduct surveys prior to standard. fire extinguishers to replace existing commencing retreat mining and requirements where rock dust, water whenever either a drilling program 2. Ohio County Coal Company cars, and other water storage equipped under 30 CFR 75.388 or plan for mining [Docket No. M–2004–026–C] with three (3) ten quart pails is not into inaccessible areas under 30 CFR Ohio County Coal Company, PO Box practical. The petitioner proposes to use 75.389 is required. The petitioner 39, Centertown, Kentucky 42328 has two (2) portable fire extinguishers near asserts that the proposed alternative filed a petition to modify the the slope bottom and an additional method would provide at least the same application of 30 CFR 75.1103–4 portable fire extinguisher within 500 measure of protection as the existing (Automatic fire sensor and warning feet of the working face for equivalent standard. fire protection for the No. 1 Rock Slope device systems; installation; minimum 7. Eastern Associated Coal Corporation requirements) to its Big Run Mine. The petitioner asserts that the Underground Mine (MSHA I.D. No. 15– proposed alternative method would [Docket No. M–2004–031–C] 18552) located in Ohio County, provide at least the same measure of Eastern Associated Coal Corporation, Kentucky. The petitioner proposes to protection as the existing standard. 1970 Barrett Court, PO Box 1990, install a carbon monoxide monitoring 5. Snyder Coal Company Henderson, Kentucky 42419 has filed a system as an early warning fire petition to modify the application of 30 detection system near the center and in [Docket No. M–2004–029–C] CFR 75.364(b)(7) (Weekly examination) the upper third of the belt entry in a Snyder Coal Company, 66 Snyder to its Federal No. 2 Mine (MSHA I.D. location that would not expose Lane, Hegins, Pennsylvania 17938 has No. 46–01456) located in Monogalia personnel working on the system to filed a petition to modify the County, West Virginia. The petitioner unsafe situations. The petitioner has application of 30 CFR 75.1200(d) & (i) requests a modification of the existing listed in this petition for modification (Mine map) to its No. 1 Rock Slope standard to permit the use of a 480-volt specific terms & conditions that will be Mine (MSHA I.D. No. 36–09256) located 3 phase alternating current electric

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power circuit for its non-permissible the proposed alternative method is and other solar system bodies. These deep well submersible pump that implemented. The petitioner asserts that power systems would be based upon the would: (i) Contain either a direct or the proposed alternative method would General Purpose Heat Source (GPHS) derived neutral resistor at the source provide at least the same measure of previously developed by DOE and used transformer or power center, and a protection as the existing standard. in the Radioisotope Thermoelectric grounding circuit originating at the Request for Comments: Persons Generators for the Galileo, Ulysses, and grounded side of the grounding resistor interested in these petitions are Cassini missions. The advanced RPSs extended along with the power encouraged to submit comments via e- would be capable of providing long- conductors and serve as the grounding mail to [email protected], by fax at term, reliable electrical power to conductor for the frame of the pump; (ii) (202) 693–9441, or by regular mail to the spacecraft across the range of conditions contain a grounding resistor that limits Office of Standards, Regulations, and encountered in space and planetary the ground fault current to not more Variances, Mine Safety and Health surface missions. The Tier I EIS will than 15 amperes, and rated for the Administration, 1100 Wilson Boulevard, address in general terms the maximum fault current available and Room 2350, Arlington, Virginia 22209. development and qualification for flight insulated from the ground for a voltage All comments must be postmarked or of advanced RPSs using passive or equal to the phase-to-phase voltage of received in that office on or before dynamic systems to convert the heat the system; (iii) provide protection by August 20, 2004. Copies of these generated from the decay of plutonium suitable circuit breaker of adequate petitions are available for inspection at to electrical energy, and research and interrupting capacity with devices to that address. development of technologies that could provide protection against under Dated at Arlington, Virginia this 15th day enhance the capability of future RPS voltage, grounded phase, short-circuit, of July 2004. systems. This development activity and overload; (iv) contain a Marvin W. Nichols, Jr., would include, but not necessarily be disconnecting device installed in Director, Office of Standards, Regulations, limited to: (1) New power conversion conjunction with the circuit breaker to and Variances. technologies to more efficiently use the provide visual evidence that the power [FR Doc. 04–16481 Filed 7–20–04; 8:45 am] heat energy from the GPHS module, and is disconnected; and (v) provide (2) improving the versatility of the RPS BILLING CODE 4510–43–P controls to shut the pumps down in low so that it would be capable of operating flow conditions. The petitioner states for extended periods both in the that the controls will monitor for low vacuum of space and in planetary NATIONAL AERONAUTICS AND current which is an indication of low atmospheres. For more detailed SPACE ADMINISTRATION flow conditions; that a certified person information see the original Federal will conduct weekly electrical checks; [Notice 04–091] Register notice cited above. and that the monthly examination of DATES: Interested parties are invited to National Environmental Policy Act; electrical equipment required by 30 CFR submit comments on environmental Development of Advanced 77.502 will include a functional test of concerns in writing on or before July 30, Radioisotope Power Systems the grounded phase protective devices 2004, to assure full consideration during to determine the proper operation and AGENCY: National Aeronautics and the scoping process. record. The results of the functional Space Administration. ADDRESSES: Comments should be tests will be recorded in the approved ACTION: Extension of the scoping period. addressed to Dr. George Schmidt, NASA ‘‘Examination of Electrical Equipment’’ Headquarters, Code S, Washington, DC record books. The petitioner asserts that SUMMARY: Pursuant to the National 20546–0001. While hardcopy comments the proposed alternative method would Environmental Policy Act of 1969, as are preferred, comments may be sent by provide at least the same measure of amended (NEPA) (42 U.S.C. 4321 et electronic mail to: [email protected]. protection as the existing standard. seq.), the Council on Environmental FOR FURTHER INFORMATION CONTACT: Dr. 8. Cotter Corporation Quality Regulations for Implementing George Schmidt, NASA Headquarters, the Procedural Provisions of NEPA (40 [Docket No. M–2004–007–M] Code S, Washington, DC 20546–0001, CFR parts 1500–1508), and NASA’s by telephone at 202–358–0113, or by Cotter Corporation, 7800 E. Dorado policy and procedures (14 CFR subpart electronic mail at [email protected]. Place, Suite 210, Englewood, Colorado 1216.3), NASA announced its intent to 80111 has filed a petition to modify the conduct scoping and to prepare a Tier Jeffrey E. Sutton, application of 30 CFR 57.11055 I Environmental Impact Statement (EIS) Assistant Administrator for Institutional and (Inclined escapeways) to its C-JD–9 for the development of advanced Corporate Management. Mine (MSHA I.D. No. 05–03066) located Radioisotope Power Systems (RPSs) on [FR Doc. 04–16592 Filed 7–20–04; 8:45 am] in Montrose County, Colorado. The April 22, 2004 in the Federal Register BILLING CODE 7501–01–P petitioner requests modification of the (69 FR 21867). This notice is to inform existing standard to permit the portable the public that the scoping period for emergency hoisting facility (truck) to be the Advanced Radioisotope Power NATIONAL COUNCIL ON DISABILITY stored in a safe area at the Nucla, Systems EIS has been extended through Colorado office and yard and July 30, 2004. Cultural Diversity Advisory Committee transported to the mine site when NASA, in cooperation with the U.S. Meetings (Teleconference) necessary for the emergency escape of Department of Energy (DOE), proposes the miners, and allow the provisions of to develop two types of advanced RPSs Time and Date: 1 p.m. e.d.t., August 30 CFR 57.11050(b) to be used until the to satisfy a wide of range of future space 20, 2004. emergency hoisting facility is located exploration mission requirements. Place: National Council on Disability, over the borehole and ready to evacuate These advanced RPSs would be capable 1331 F Street, NW., Suite 850, the miners. The petitioner has listed in of functioning in the vacuum of space Washington, DC. this petition specific terms and and in the environments encountered AGENCY: National Council on Disability conditions that will be applied when on the surfaces of the planets, moons (NCD).

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Status: All parts of this meeting will of Museum and Library Services is education in the United States and be open to the public. Those interested currently soliciting comments promotes the vision of a learning society in participating in this meeting should concerning anticipated analyses of the in which learning is seen as a contact the appropriate staff member impact of museum and library services. community-wide responsibility listed below. Due to limited resources, A copy of the proposed information supported by both formal and informal only a few telephone lines will be collection request can be obtained by educational entities. available for the call. contacting the individual listed below Current Actions Agenda: Roll call, announcements, in the addressee section of this notice. reports, new business, adjournment. DATES: Written comments must be The reauthorization of the Museum FOR FURTHER INFORMATION CONTACT: submitted to the office listed in the and Library Services Act in 2003 creates Geraldine (Gerrie) Drake Hawkins, addressee section below on or before new authority for IMLS to carry out and Ph.D., Program Analyst, NCD, 1331 F September 20, 2004. publish analyses of the impact of Street, NW., Suite 850, Washington, DC IMLS is particularly interested in museum and library services. The Act 20004; 202–272–2004 (voice), 202–272– comments that help the agency to: stipulates that these analyses should be 2074 (TTY), 202–272–2022 (fax), • Evaluate whether the proposed conducted in ongoing consultation with [email protected]. collection of information is necessary stakeholders including ‘‘State Library Cultural Diversity Advisory for the proper performance of the Administrative Agencies; state, regional, Committee Mission: The purpose of functions of the agency, including and national library and museum NCD’s Cultural Diversity Advisory whether the information will have organizations and other relevant Committee is to provide advice and practical utility; agencies.’’ recommendations to NCD on issues • Evaluate the accuracy of the The Act further states that these affecting people with disabilities from agency’s estimate of the burden of the analyses ‘‘shall identify national needs culturally diverse backgrounds. proposed collocation of information for and trends of museum and library Specifically, the committee will help including the validity of the services provided with IMLS support, identify issues, expand outreach, infuse methodology and assumptions used; * * * report on the impact and participation, and elevate the voices of • Enhance the quality, utility and effectiveness of programs conducted underserved and unserved segments of clarity of the information to be with funds made available by the this nation’s population that will help collected; and Institute in addressing such needs, NCD develop federal policy that will • Minimize the burden of the * * * and identify, and disseminate address the needs and advance the civil collection of information on those who information on, the best practices of and human rights of people from are to respond, including through the such program.’’ diverse cultures. use of appropriate automated electronic, IMLS is developing a plan to address mechanical, or other technological the requirements of the statute. As a first Dated: July 16, 2004. collection techniques or other forms of step, IMLS is requesting public Ethel D. Briggs, information technology, e.g., permitting comment to identify national needs for Executive Director. electronic submissions of responses. and trends in museum and library [FR Doc. 04–16614 Filed 7–20–04; 8:45 am] ADDRESSES: Send comments to: Karen service. These comments will be used to BILLING CODE 6820–MA–P Motylewski, Research Officer, Institute identify areas in which analyses would of Museum and Library Services, 1100 be useful. The following questions are Pennsylvania Ave., NW., Room 223, intended to assist stakeholders in NATIONAL FOUNDATION FOR THE Washington, DC 20506. Ms Motylewski identifying high priority areas that IMLS ARTS AND HUMANITIES can be reached by fax: 202–606–0395; or should explore through further research by e-mail at [email protected]. and study. Following this collection of Proposed Collection, Comment SUPPLEMENTARY INFORMATION: public comment, IMLS will contact up Request, Analysis of Impact of Background: The Institute of Museum to 50 key members of stakeholder Museum and Library Services and Library Services is charged with groups for structured interviews regarding the list of possible topics for AGENCY: Institute of Museum and promoting the improvement of library analysis. Both the public comment and Library Services. and museum services for the benefit of results of the structured interviews will ACTION: Notice, request for comments. the public. Through grantmaking and leadership activities, IMLS seeks to provide the foundation for IMLS to use SUMMARY: The Institute of Museum and assure that libraries and museums are in fulfilling this new requirement. Library Services, as part of its able to play an active role in cultivating To comment please examine the continuing effort to reduce paperwork an educated and engaged citizenry. following list. How would further and respondent burden, invites the IMLS builds the capacity of libraries exploration of these issues improve general public and federal agencies to and museums by encouraging the library and museum services in the comment on proposed and/or highest standards in management, United States? Which issues are of the continuing collections of information in public service, and education; greatest importance? Are there accordance with the Paperwork leadership in the use of technology; additional issues that should be added Reduction Act of 1995 (PRA95) [44 strategic planning for results, and to the list? U.S.C. 3508 (2)(A)]. This pre-clearance partnerships to create new networks A. How do changing community comment opportunity helps to ensure that support lifelong learning and the expectations impact library and that: requested data can be provided in effective management of assets. museum services? How can libraries the desired format, reporting burden According to its strategic plan, IMLS and museum respond to these (time and financial resources) is is dedicated to creating and sustaining expectations? minimized, collection instruments are a nation of learners by helping libraries Representative issues: clearly understood, and the impact of and museum service their communities. • Altered patterns of information- collection requirements on respondents IMLS believes that libraries and seeking and learning. can be properly assessed. The Institute museums are key resources for • Changing educational patterns.

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• Evolving roles of libraries and How can museums and libraries NUCLEAR REGULATORY museums. respond to them? COMMISSION • Expectations for multi-institution [Docket Nos. 50–220 and 50–410] and cross-disciplinary collaboration. Representative issues: • Competition from alternative • Developing a strategy to be part of Constellation Energy Group, Nine Mile venues. the community fabric to address unmet Point Nuclear Station, Units 1 and 2; B. How do digital technology and the needs. Notice of Acceptance for Docketing of Web impact library and museum • Need to develop practical results- the Application and Notice of services? How can libraries and oriented evaluation tools and capacities. Opportunity for Hearing Regarding museums respond to challenges and • Renewal of Facility Operating license benefit the public? Expectations for outcomes- and Nos. DPR–63 and NPF–69 for an Representative issues: impact-based reporting. Additional 20-Year Period • • Need to persuade policy and other User expectations for seamless The U.S. Nuclear Regulatory decision-makers of competitive priority access to resources across organizational Commission (NRC or the Commission) boundaries. of museum/library services. • is considering application for the Requirements for building and • Need to attract non-users and renewal of Operating License Nos. DPR– maintaining technology systems, infrequent users; need to expand 63 and NPF–69, which authorize the products, and services. audiences. Constellation Energy Group Inc., to • Desirability of integrating operate the Nine Mile Point Nuclear technology in management functions F. What is the perception of educators, business leaders, community Station, Units 1 and 2 at 1850 and services. megawatts thermal for Unit 1 and 3467 • Changing staff skill and knowledge leaders and public policy makers on the impact of library and museum service in megawatts thermal for Unit 2. The requirements. renewed licenses would authorize the • creating an educated and informed Budget implications. applicant to operate the Nine Mile Point • Need to accommodate visitor/user citizenry? Nuclear Station, Units 1 and 2, for an skills and equipment needs (e.g., • Contribution to formal education. additional 20 years beyond the period technical support, on-site equipment • Contribution to civic engagement. specified in the current licenses. The access, off-site equipment and • current operating license for the Nine connectivity). Contribution to lifelong learning. Mile Point Nuclear Station, Unit 1 C. What are the impacts of growing • Contribution to quality of expires on August 22, 2009, and the community diversity on library and community life. current operating license for the Nine museum service? How can museums • Contribution to family life. Mile Point Nuclear Station, Unit 2 and libraries respond to them? expires on October 31, 2026. Representative issues: Agency: Institute of Museum and The Commission’s staff has received Library Services. • Changing demography of local, an application dated May 26, 2004, from regional, and national audiences. Title: Analysis of Impact of Museum Constellation Energy Group Inc., • Altered educational norms. and Library Services. pursuant to 10 CFR Part 54, to renew the • Institutional need to reflect visitor/ OMB Number: n/a. Operating License Nos. DPR–63 and NPF–69 for Nine Mile Point Nuclear user diversity. Agency Number: 3137. • Need to address language and Station, Units 1 and 2, respectively. A cultural diversity. Frequency: One time. Notice of Receipt and Availability of the • Expanding definitions of access and Affected Public: Museums, libraries license renewal application, ‘‘Constellation Energy Group; Nine Mile barriers (e.g., ADA, Limited English and archives. Point Nuclear Station, Units 1 and 2; Proficiency). Number of Respondents: 50. D. How do changes in requirements Notice of Receipt and Availability of for institutional infrastructure that have Estimated Time Per Respondent: 1 Application for Renewal Facility occurred or are emerging impact library hour. Operating License Nos. DPR–63 and NPF–69 for an Additional 20-Year and museum service? How can Total Burden Hours: 50. museums and libraries respond to them? Period,’’ was published in the Federal Total Annualized capital/startup Register on June 8, 2004 (69 FR 32069). Representative issues: costs: 0. The Commission’s staff has • Requirements for creation, Total Annual costs: 0. determined that Constellation Energy maintenance, management, and Group has submitted sufficient accessibility of learning resources. Contact: Karen Motylewski, Research information in accordance with 10 CFR • Leadership and professional Officer, Office of Research and 54.19, 54.21, 54.22, 54.23, and 51.53(c) development, evolving requirements for Technology, Institute of Museum and that is acceptable for docketing. The staff skills. Library Services, 1100 Pennsylvania current Docket Nos. 50–220 and 50–410 • Development and fundraising Avenue, NW., Washington, DC 20506, e- for Operating License Nos. DPR–63 and challenges. mail [email protected], telephone NPF–69, respectively, will be retained. • Need to sustain public safety and (202) 606–5551. The docketing of the renewal security in parallel with public Dated: July 15, 2004. application does not preclude confidentiality and privacy. Rebecca Danvers, requesting additional information as the • Need to provide broad access to review proceeds, nor does it predict resources in parallel with protection of Director, Office of Research and Technology. whether the Commission will grant or intellectual property rights. [FR Doc. 04–16533 Filed 7–20–04; 8:45 am] deny the application. E. What are the challenges of BILLING CODE 7036–01–M Before issuance of each requested developing and communicating a public renewed license, the NRC will have value role for libraries and museums? made the findings required by the

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Atomic Energy Act of 1954, as amended for leave to intervene is filed within the fact.1 Contentions shall be limited to (the Act), and the Commission’s rules 60-day period, the Commission or a matters within the scope of the action and regulations. In accordance with 10 presiding officer designated by the under consideration. The contention CFR 54.29, the NRC will issue a Commission or by the Chief must be one that, if proven, would renewed license on the basis of its Administrative Judge of the Atomic entitle the requestor/petitioner to relief. review if it finds that actions have been Safety and Licensing Board Panel will A requestor/petitioner who fails to identified and have been or will be rule on the request and/or petition; and satisfy these requirements with respect taken with respect to: (1) Managing the the Secretary or the Chief to at least one contention will not be effects of aging during the period of Administrative Judge of the Atomic permitted to participate as a party. extended operation on the functionality Safety and Licensing Board will issue a Each contention shall be given a of structures and components that have notice of a hearing or an appropriate separate numeric or alpha designation within one of the following groups and been identified as requiring aging order. In the event that no request for a management review, and (2) time- all like subject-matters shall be grouped hearing or petition for leave to intervene limited aging analyses that have been together: is filed within the 60-day period, the identified as requiring review, such that 1. Technical—primarily concerns NRC may, upon completion of its there is reasonable assurance that the issues relating to technical and/or activities authorized by the renewed evaluations and upon making the health and safety matters discussed or licenses will continue to be conducted findings required under 10 CFR parts 51 referenced in the Nine Mile Nuclear in accordance with the current licensing and 54, renew the licenses without Station, Units 1 and 2 safety analysis for basis (CLB), and that any changes made further notice. the application (including issues related to the plant’s CLB comply with the Act As required by 10 CFR 2.309, a to emergency planning and physical and the Commission’s regulations. petition for leave to intervene shall set security to the extent that such matters Additionally, in accordance with 10 forth with particularity the interest of are discussed or referenced in the CFR 51.95(c), the NRC will prepare an the petitioner in the proceeding, and application). environmental impact statement that is how that interest may be affected by the 2. Environmental—primarily concerns a supplement to the Commission’s results of the proceeding, taking into issues relating to matters discussed or NUREG–1437, ‘‘Generic Environmental consideration the limited scope of referenced in the Environmental Report Impact Statement for License Renewal matters that may be considered for the license renewal application. of Nuclear Power Plants,’’ dated May pursuant to 10 CFR parts 51 and 54. The 3. Miscellaneous—does not fall into 1996. Pursuant to 10 CFR 51.26, and as petition must specifically explain the one of the categories outlined above. part of the environmental scoping reasons why intervention should be As specified in 10 CFR 2.309, if two or more requestors/petitioners seek to process, the staff intends to hold a permitted with particular reference to co-sponsor a contention or propose public scoping meeting. Detailed the following factors: (1) The nature of substantially the same contention, the information regarding this meeting will the requestor’s/petitioner’s right under be the subject of a separate Federal requestors/petitioners will be required Act to be made a party to the Register notice. to jointly designate a representative who proceeding; (2) the nature and extent of Within 60 days after the date of shall have the authority to act for the publication of this Federal Register the requestor’s/petitioner’s property, requestors/petitioners with respect to notice, the requestor/petitioner may file financial, or other interest in the that contention within ten (10) days a request for a hearing, and any person proceeding; and (3) the possible effect of after advised of such contention. whose interest may be affected by this any decision or order which may be Those permitted to intervene become proceeding and who wishes to entered in the proceeding on the parties to the proceeding, subject to any participate as a party in the proceeding requestor’s/petitioner’s interest. The limitations in the order granting leave to must file a written request for a hearing petition must also set forth the specific intervene, and have the opportunity to and a petition for leave to intervene contentions which the petitioner/ participate fully in the conduct of the with respect to the renewal of the requestor seeks to have litigated at the hearing, including the opportunity to licenses. Requests for a hearing and a proceeding. participate fully in the conduct of the petition for leave to intervene shall be Each contention must consist of a hearing. A request for a hearing or a filed in accordance with the specific statement of the issue of law or petition for leave to intervene must be Commission’s ‘‘Rules of Practice for fact to be raised or controverted. In filed by: (1) First class mail addressed Domestic Licensing Proceedings’’ in 10 addition, the requestor/petitioner shall to the Office of the Secretary of the CFR part 2. Interested persons should provide a brief explanation of the bases Commission, U.S. Nuclear Regulatory consult a current copy of 10 CFR 2.309, of each contention and a concise Commission, Washington, DC 20555– which is available at the Commission’s statement of the alleged facts or the 0001, Attention: Rulemaking and Public Document Room (PDR), located expert opinion that supports the Adjudications Staff; (2) courier, express at One White Flint North, 11555 contention on which the requestor/ mail, and expedited delivery services: Rockville Pike (first floor), Rockville, petitioner intends to rely in proving the Office of the Secretary, Sixteenth Floor, Maryland 20852 and is accessible from contention at the hearing. The One White Flint North, 11555 Rockville the Agencywide Documents Access and requestor/petitioner must also provide Pike, Rockville, Maryland 20852, Management System’s (ADAMS) Public Attention: Rulemaking and Electronic Reading Room on the Internet references to those specific sources and documents of which the requestor/ Adjudications Staff; (3) e-mail at http://www.nrc.gov/reading-rm/ addressed to the Office of the Secretary, adams.html. Persons who do not have petitioner is aware and on which the requestor/petitioner intends to rely to access to ADAMS or who encounter 1 To the extent that the application contains problems in accessing the documents establish those facts or expert opinion. attachments and supporting documents that are not located in ADAMS should contact the The requestor/petitioner must provide publicly available because they are asserted to NRC’s PDR reference staff at 1–800– sufficient information to show that a contain safeguards or proprietary information, genuine dispute exists with the petitioners desiring access to this information 397–4209, or by e-mail at [email protected]. should contact the applicant or applicant’s counsel If a request for a hearing or a petition applicant on a material issue of law or to discuss the need for a protective order.

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U.S. Nuclear Regulatory Commission, Penfield Library (Selective Depository), (2) when special circumstances are [email protected]; or (4) Reference and Documents Department, present. Therefore, in determining the facsimile transmission addressed to the State University of New York, Oswego, acceptability of the licensee’s exemption Office of the Secretary, U.S. Nuclear New York 13126. request, the staff has performed the Regulatory Commission, Washington, Dated in Rockville, Maryland, this the 15th following regulatory, technical, and DC, Attention: Rulemakings and day of July 2004. legal evaluations to satisfy the Adjudications Staff at 301–415–1101, For the Nuclear Regulatory Commission. requirements of 10 CFR 50.12 for verification number is 301–415–1966. A granting the exemption. Pao-Tsin Kuo, copy of the request for hearing and 3.1 Regulatory Evaluation petition for leave to intervene must also Program Director, License Renewal and Environmental Impacts Program, Division of be sent to the Office of the General It is stated in 10 CFR part 50, Regulatory Improvement Programs, Office of Appendix G that ‘‘[t]he minimum Counsel, U.S. Nuclear Regulatory Nuclear Reactor Regulation. temperature requirements * * * pertain Commission, Washington, DC 20555– [FR Doc. 04–16531 Filed 7–20–04; 8:45 am] 0001, and it is requested that copies be to the controlling material, which is transmitted either by means of facsimile BILLING CODE 7590–01–P either the material in the closure flange transmission to 301–415–3725 or by e- or the material in the beltline region with the highest reference temperature mail to [email protected]. A copy NUCLEAR REGULATORY * * * the minimum temperature of the request for hearing and petition COMMISSION for leave to intervene should also be requirements and the controlling sent to the attorney for the licensee. [Docket Nos. 50–327 and 50–328] material depend on the operating Attorney for the Applicant: David R. condition (i.e., hydrostatic pressure and Lewis, Esq., Shaw Pittman, 2300 N Tennessee Valley Authority, Sequoyah leak tests, or normal operation including Street, NW., Washington, DC 20037. Nuclear Plant, Unit Nos. 1 and 2; anticipated normal operational Nontimely requests and/or petitions Exemption occurrences), the vessel pressure, whether fuel is in the vessel, and and contentions will not be entertained 1.0 Background absent a determination by the whether the core is critical. The metal Commission, the presiding officer, or The Tennessee Valley Authority temperature of the controlling material, the Atomic Safety and Licensing Board (TVA, the licensee) is the holder of in the region of the controlling material that the petition, request and/or Facility Operating License Nos. DPR–77 which has the least favorable contentions should be granted based on and DPR–79, which authorize operation combination of stress and temperature, a balancing of the factors specified in 10 of the Sequoyah Nuclear Plant (facility must exceed the appropriate minimum CFR 2.309(a)(1)(i)–(viii). or SQN), Unit Nos. 1 and 2, temperature requirement for the Detailed information about the license respectively. The licenses provide, condition and pressure of the vessel renewal process can be found under the among other things, that the facility is specified in Table 1 [of 10 CFR Part 50, Nuclear Reactors icon at http:// subject to all rules, regulations, and Appendix G].’’ Footnote 2 to Table 1 in www.nrc.gov/reactors/operating/ orders of the Nuclear Regulatory 10 CFR part 50, Appendix G specifies licensing/renewal.html on the NRC’s Commission (NRC, the Commission) that RPV minimum temperature website. Copies of the application to now or hereafter in effect. requirements related to RPV closure renew the operating licenses for the The facility consists of two flange considerations shall be based on Nine Mile Point Nuclear Station, Units pressurized water reactors located in ‘‘[t]he highest reference temperature of 1 and 2, are available for public Hamilton County, Tennessee. the material in the closure flange region inspection at the Commission’s PDR, that is highly stressed by bolt preload.’’ 2.0 Request/Action located at One White Flint North, 11555 In order to address provisions of Rockville Pike (first floor), Rockville, Title 10 of the Code of Federal amendments to modify SQN Units 1 and Maryland 20852–2738, and at http:// Regulations (10 CFR) part 50, Appendix 2 Technical Specifications (TSs) to www.nrc.gov/reactors/operating/ G requires that pressure-temperature (P– implement a pressure-temperature licensing/renewal/applications the T) limits be established for reactor limits report (PTLR) for each unit, TVA NRC’s website while the application is pressure vessels (RPVs) during normal requested in its submittal dated under review. The NRC maintains an operating and hydrostatic or leak rate September 6, 2002, that the staff exempt Agencywide Documents Access and testing conditions. TVA requested that SQN Units 1 and 2 from the application Management System (ADAMS), which they be able to use Westinghouse Report of specific requirements of 10 CFR part provides text and image files of NRC’s WCAP–15315, ‘‘Reactor Vessel Closure 50, Appendix G, as they pertain to the public documents. These documents Head/Vessel Flange Requirements establishment of minimum temperature may be accessed through the NRC’s Evaluation for Operating PWR requirements, for all modes of operation Public Electronic Reading Room on the [Pressurized-Water Reactor] and BWR addressed by 10 CFR part 50, Appendix Internet at http://www.nrc.gov/reading- [Boiling-Water Reactor] Plants’’ in lieu G, based on the material properties of rm/adams.html under ADAMS of 10 CFR, Appendix G, Footnote 2 to the material of the RPV closure flange accession number ML041490211. Table 1. region that is highly stressed by the bolt Persons who do not have access to preload. The licensee’s initial technical 3.0 Discussion ADAMS or who encounter problems in basis for this exemption request was accessing the documents located in Pursuant to 10 CFR 50.12, the submitted on December 19, 2002. The ADAMS, may contact the NRC Public Commission may, upon application by requirements from which TVA Document Room (PDR) Reference staff any interested person or upon its own requested that SQN Units 1 and 2 be at 1–800–397–4209, 301–415–4737, or initiative, grant exemptions from the exempted shall be referred to for the by e-mail to [email protected]. requirements of 10 CFR part 50 when (1) purpose of this exemption as ‘‘those The staff has verified that a copy of the exemptions are authorized by law, requirements related to the application the license renewal application is also will not present an undue risk to public of Footnote 2 to Table 1 of 10 CFR Part available to local residents near the health or safety, and are consistent with 50, Appendix G.’’ The proposed action Nine Mile Point Nuclear Station at the the common defense and security, and is in accordance with the licensee’s

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application for exemption contained in also provided an assessment of the size would be adequate at that point in its September 6, 2002, submittal, and is potential for changes in the material time to ensure that the limiting SQN needed to support the TS amendments RTNDT values for the SQN Units 1 and flange materials would exhibit fracture that are contained in the same 2 RPV closure flange materials due to toughness properties in excess of ASME submittal. The proposed amendments thermal aging resulting from exposure to Code ‘‘lower shelf’’ behavior. will revise the SQN Units 1 and 2 TSs the RPV operating environment. Hence, the analysis provided in to permit the implementation of a PTLR The use of ASME Code KIC as the WCAP–15984–P, Revision 1 has for each unit. material property for the fracture demonstrated that, for the most limiting TVA’s final, complete technical basis mechanics analysis represents the most transient addressed by 10 CFR Part 50, for the requested exemption was significant change between the analysis Appendix G, the combination of factors submitted to the NRC by letters dated provided in WCAP–15984–P, Revision 1 which would have to exist (high stresses June 24, 2003, and December 18, 2003. and the analysis which was performed in the RPV flange region along with the The licensee’s June 24, 2003, letter as the basis for establishing the metal of the flange region being at low included as an attachment minimum temperature requirements in temperature) cannot exist Westinghouse report WCAP–15984–P, 10 CFR part 50, Appendix G. The simultaneously, and the structural Revision 1, ‘‘Reactor Closure Head/ minimum temperature requirements integrity of the SQN Units 1 and 2 RPV Vessel Flange Requirements Evaluation related to Footnote 2 to Table 1 of 10 closure flange materials will not be for SQN Units 1 and 2.’’ This revision CFR part 50, Appendix G were challenged by facility operation in of WCAP–15984 updated information incorporated into the Code of Federal accordance with P–T limit curves based provided in WCAP–15984–P, Revision Regulations in the early 1980s and were consideration of SQN Units 1 and 2 0, which had been submitted to the staff based on analyses which used ASME beltline materials. Therefore, the more on December 19, 2002. The licensee’s Code lower bound crack arrest/dynamic conservative minimum temperature December 18, 2003, letter provided test fracture toughness (KIA) as the requirements related to Footnote 2 to responses to specific questions raised by parameter for characterizing a material’s Table 1 of 10 CFR part 50, Appendix G the NRC staff to clarify information in ability to resist crack initiation and are not necessary to meet the underlying WCAP–15984–P, Revision 1. propagation. The use of ASME Code KIA intent of 10 CFR part 50, Appendix G, is always conservative with respect to to protect SQN Units 1 and 2 RPVs from 3.2 Technical Evaluation the use of ASME Code KIC for fracture brittle failure during normal operation WCAP–15984–P, Revision 1 included mechanics evaluations, and its use in under both core critical and core non- a fracture mechanics analysis of the evaluations which established the critical conditions and RPV hydrostatic postulated flaws in SQN Units 1 and 2 requirements in 10 CFR part 50, and leak test conditions. RPV closure flange regions under Appendix G was justified based on the 3.3 Legal Basis for Exemption boltup, 100 degrees Fahrenheit per hour more limited knowledge of RPV (°F/hr) heatup, 100 °F/hr cooldown, and material behavior that was available in Pursuant to 10 CFR 50.12, the steady-state conditions, with the heatup the early eighties. However, the use of Commission may, upon application by and cooldown transients being modeled ASME Code KIC, not ASME Code KIA, is any interested person or upon its own in accordance with what would be consistent with the actual physical initiative, grant exemptions from the permissible using P–T limit curves processes that would govern flaw requirements of 10 CFR part 50, when based on SQN Units 1 and 2 beltline initiation under conditions of normal (1) the exemptions are authorized by materials. Westinghouse performed RPV operation, including RPV heatup, law, will not present an undue risk to finite element modeling to calculate the cooldown, and hydrostatic and leak public health or safety, and are stresses present at critical locations testing. Based on our current consistent with the common defense within the flange region and determined understanding of the behavior of RPV and security; and (2) when special that the 100 °F/hr heatup transient was materials, the NRC staff has routinely circumstances are present. The staff the most severe condition with the approved licensees utilization of ASME accepts the licensee’s determination that upper head-to-flange weld being the Code KIC as the basis for evaluating RPV an exemption would be required to most limiting location. With these beltline materials to demonstrate permit TVA to not meet those stresses, Westinghouse calculated the compliance with the intent of 10 CFR requirements related to the application applied stress intensity (KI applied) for part 50, Appendix G through the of Footnote 2 to Table 1 of 10 CFR part semi-elliptical, outside diameter licensees use of ASME Code Cases N– 50, Appendix G. The staff examined the initiated, surface breaking flaws with an 640 and N–641. licensee’s rationale to support the aspect ratio (length vs. depth) of 6:1, The minimum KIC value given in exemption request and agrees that based and with depths ranging from 0 to 90 ASME Code for a RPV steel, regardless on the information provided in WCAP– percent of the thickness of the of material RTNDT value or temperature, 15984–P, Revision 1 and TVA’s component wall. The KI applied values is 33.2 ksi√in. This value represents the December 18, 2003, letter, an acceptable were calculated in accordance with the ‘‘lower shelf’’ of the ASME Code KIC technical basis has been established to American Society of Mechanical curve. Based on information in WCAP– exempt SQN Units 1 and 2 from Engineers Boiler and Pressure Vessel 15984–P, Revision 1 and the licensee’s requirements related to the application Code (ASME Code) Section XI, December 18, 2003, response to NRC of Footnote 2 to Table 1 of 10 CFR part Appendix G, subparagraph G–2220 staff questions, it is apparent that the 50, Appendix G. The technical basis 1 requirements for the analysis of flange KIapplied for any flaw up to ⁄4 of the wall provided by TVA has established that locations. Westinghouse then compared thickness (1⁄4T) at the limiting location an adequate margin of safety against these KI applied values to ASME Code (refer to WCAP–15984–P, Revision 1, brittle failure would continue to be lower bound static crack initiation Figure 4–2), would not exceed 33.2 maintained for SQN Units 1 and 2 RPVs fracture toughness (KIC) values ksi√in (including staff consideration of without the application of those determined from the nil-ductility ASME Code structural factors) until requirements related to the application transition reference temperature (RTNDT) between 1 and 2 hours into the 100°F/ of Footnote 2 to Table 1 of 10 CFR part values for the SQN Units 1 and 2 RPV hr heatup transient. The temperature at 50, Appendix G, for normal operation closure flange materials. Westinghouse the tip of postulated flaws up to 1⁄4 T under both core critical and core non-

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critical conditions and RPV hydrostatic Nuclear Waste for the two year period hearing in conjunction with OPIC’s July and leak test conditions. Hence, the staff commencing on July 15, 2004, is in the 29, 2004 Board of Directors meeting concludes that, pursuant to 10 CFR public interest, in connection with scheduled for 10 AM on July 29, 2004 50.12(a)(2)(ii), the underlying purpose duties imposed on the Commission by has been cancelled. of 10 CFR part 50, Appendix G will be law. This action is being taken in achieved without the application of accordance with the Federal Advisory FOR FURTHER INFORMATION CONTACT: those requirements related to the Committee Act, after consultation with Information on the hearing cancellation application of Footnote 2 to Table 1 of the Committee Management Secretariat, may be obtained from Connie M. Downs 10 CFR part 50, Appendix G. Therefore, General Services Administration. at (202) 336–8438, via facsimile at (202) the staff concludes that requesting the The purpose of the Advisory 218–0136, or via email at exemption under the special Committee on Nuclear Waste is to report [email protected]. circumstances of 10 CFR 50.12(a)(2)(ii) to and advise the Nuclear Regulatory Dated: July 19, 2004. is appropriate, and should be granted to Commission (NRC) on nuclear waste Connie M. Downs, TVA such that those requirements management. The bases of ACNW OPIC Corporate Secretary. related to the application of Footnote 2 reviews include 10 CFR Parts 20, 40, 50, to Table 1 of 10 CFR part 50, Appendix 60, 61, 63, 70, 71 and 72, and other [FR Doc. 04–16674 Filed 7–19–04; 10:32 am] G need not be applied to SQN Units 1 applicable regulations and legislative BILLING CODE 3210–01–M and 2. mandates. In performing its work, the Committee will examine and report on 4.0 Conclusion those areas of concern referred to it by Accordingly, the Commission has the Commission and may undertake SECURITIES AND EXCHANGE determined that, pursuant to 10 CFR studies and activities on its own COMMISSION 50.12(a), the exemption is authorized by initiative, as appropriate. Emphasis will law, will not present an undue risk to be on protecting the public health and [Release No. 34–50019; File No. SR–Amex– the public health and safety, and is safety in the disposal of nuclear waste. 2004–48] consistent with the common defense The Committee will undertake studies and security. Also, special and activities related to nuclear waste Self-Regulatory Organizations; Notice circumstances are present. Therefore, management such as transportation, of Filing and Order Granting the Commission hereby grants TVA an storage and disposal facilities, the Accelerated Approval of a Proposed exemption from those requirements effects of low levels of ionizing Rule Change and Amendment No. 1 related to the application of Footnote 2 radiation, decommissioning, materials Thereto by American Stock Exchange to Table 1 of 10 CFR part 50, Appendix safety, application of risk-informed, LLC Relating to the Listing and G, for SQN Units 1 and 2. performance-based regulations, and Trading of Notes Linked to the Pursuant to 10 CFR 51.32, the evaluation of licensing documents, rules Performance of the Standard and Commission has determined that the and regulatory guidance. The Poor’s 500 Index granting of this exemption will not Committee will interact with result in any significant effect on the representatives of the public, NRC, July 14, 2004. quality of the human environment (69 ACRS, other Federal agencies, State and Pursuant to section 19(b)(1) of the FR 32372). local agencies, Indian Tribes, and Securities Exchange Act of 1934 This exemption is effective upon private, international and other 1 2 issuance. (‘‘Act’’), and Rule 19b–4 thereunder, organizations as appropriate to fulfill its notice is hereby given that on June 14, Dated in Rockville, Maryland, this 7th day responsibilities. 2004, the American Stock Exchange LLC of July, 2004. FOR FURTHER INFORMATION CONTACT: John (‘‘Amex’’ or ‘‘Exchange’’) filed with the For the Nuclear Regulatory Commission. T. Larkins, Executive Director of the Securities and Exchange Commission Ledyard B. Marsh, Committee, U.S. Nuclear Regulatory (‘‘Commission’’ or ‘‘SEC’’) the proposed Director, Division of Licensing Project Commission, Washington, DC 20555, rule change as described in items I and Management, Office of Nuclear Reactor telephone (301) 415–7360. II below, which items have been Regulation. Dated July 15, 2004. prepared by the Exchange. On July 12, [FR Doc. 04–16532 Filed 7–20–04; 8:45 am] Andrew L. Bates, 2004, the Amex filed Amendment No. 1 BILLING CODE 7590–01–P Federal Advisory Committee Management to the proposed rule change.3 The Officer. Commission is publishing this notice to NUCLEAR REGULATORY [FR Doc. 04–16530 Filed 7–20–04; 8:45 am] solicit comments on the proposed rule COMMISSION BILLING CODE 7590–01–P change from interested persons and is approving the proposal on an Advisory Committee on Nuclear accelerated basis. Waste; Renewal Notice OVERSEAS PRIVATE INVESTMENT CORPORATION 1 15 U.S.C. 78s(b)(1). AGENCY: Nuclear Regulatory 2 17 CFR 240.19b–4. Commission. Sunshine Act; Public Hearing 3 See letter from Jeffrey Burns, Associate General ACTION: This notice is to announce the Counsel, Amex, to Nancy J. Sanow, Assistant renewal of the Advisory Committee on July 22, 2004. Director, Division of Market Regulation (‘‘Division’’), Commission, dated July 7, 2004 Nuclear Waste (ACNW) for a period of OPIC’s Sunshine Act notice of its (‘‘Amendment No. 1’’). In Amendment No. 1, the two years. public hearing was published in the Amex elaborated on the size of the initial issuance Federal Register (Volume 69, Number and clarified that the dissemination of the value of SUPPLEMENTARY INFORMATION: The U.S. 127, Page 40421) on July 2, 2004. No the S&P 500 would be over the Consolidated Tape Association’s Network B. In addition, in Nuclear Regulatory Commission (NRC) requests were received to provide Amendment No. 1, the Amex clarified certain has determined that the renewal of the testimony or submit written statements adjustments that will be made to the methodology charter for the Advisory Committee on for the record; therefore, OPIC’s public of calculating the value of the S&P 500.

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I. Self-Regulatory Organization’s provide for a multiplier of any positive guidelines under Sections 1001–1003 8 Statement of the Terms of Substance of performance of the S&P 500 (the of the Company Guide. The Notes are the Proposed Rule Change ‘‘Upside Leverage Factor’’) during such senior non-convertible debt securities of The Exchange proposes to list and term subject to a maximum payment Morgan Stanley. The Notes will have a trade notes, the performance of which is amount or ceiling to be determined at term of no more than ten (10) years. linked to the Standard and Poor’s 500 the time of issuance (the ‘‘Capped Morgan Stanley will issue the Notes in Index (‘‘S&P 500’’ or ‘‘Index’’). The text Value’’). denominations of whole units (a of the proposed rule change, as The S&P 500 Notes will conform to ‘‘Unit’’), with each Unit representing a amended, is available at the Office of the initial listing guidelines under single Note. The original public offering the Secretary, the Amex and at the Section 107A 7 and continued listing price will be $10 per Unit, and the size Commission. of the initial issuance will be $77.18 period of 1941–1943 and is the reference point for million.9 The Notes will entitle the II. Self-Regulatory Organization’s all maintenance adjustments. The securities owner at maturity to receive an amount Statement of the Purpose of, and included in the Index are listed on the Amex, New based upon the percentage change of the York Stock Exchange, Inc. (‘‘NYSE’’) or traded Statutory Basis for, the Proposed Rule through NASDAQ. The Index reflects the price of S&P 500. The Notes will not have a Change the common stocks of 500 companies without minimum principal amount that will be In its filing with the Commission, the taking into account the value of the dividend paid repaid, and accordingly, payment on the on such stocks. Notes prior to or at maturity may be less Amex included statements concerning The S&P indices are presently a ‘‘full’’ market- the purpose of, and basis for, the capitalization weighted index. That is, the value of than the original issue price of the 10 proposed rule change, as amended, and the Index is calculated by, for each component, Notes. The Notes are also not callable discussed any comments it received on multiplying the total number of shares outstanding by the issuer, Morgan Stanley, or the proposed rule change. The text of of the component by the price per share of the redeemable by the holder. component. The result is then divided by the The payment that a holder or investor these statements may be examined at divisor. S&P announced on March 1, 2004 that it the places specified in item III below. intends to shift its major indexes to ‘‘float-adjusted’’ of a Note will be entitled to receive (the The Amex has prepared summaries, set market capitalization weights. That is, the value of ‘‘Redemption Amount’’) will depend on forth in sections A, B, and C below, of the Index will be calculated by, for each the relation of the level of the S&P 500 component, multiplying the number of shares in the at the close of the market on the second the most significant aspects of such public float of the component by the price per share statements. of the component. The result is then divided by the scheduled trading day prior to maturity divisor. Thus, the ‘‘float adjusted’’ market of the Notes (the ‘‘Final Level’’) and the A. Self-Regulatory Organization’s capitalization methodology will exclude blocks of closing value of the Index on the date Statement of the Purpose of, and the stocks that do not trade from the weighting the Notes are priced for initial sale to Statutory Basis for, the Proposed Rule determination for a stock in the index. the public (the ‘‘Initial Level’’). If there Change The transition from full market-cap weighting to 11 float-adjusted weighting will be implemented over is a ‘‘market disruption event when 1. Purpose an 18 month period. In September 2004, S&P will publish procedures and float adjustment factors, $750,000 in the last fiscal year or in two of the three Under Section 107A of the Amex and begin calculation of provisional float adjusted prior fiscal years. In the case of an issuer which is Company Guide (‘‘Company Guide’’), indexes. The float adjustment factors will include, unable to satisfy the earning criteria stated in the Exchange may approve for listing among other things, information regarding the Section 1010 of the Company Guide, the Exchange adjustments that will be made to each component will require the issuer to have the following: (1) and trading securities which cannot be in order to determine what each component’s float Assets in excess of $200 million and stockholders’ readily categorized under the listing will be. At that time, S&P will start calculating a equity of at least $10 million; or (2) assets in excess criteria for common and preferred provisional index alongside of the regular index. It of $100 million and stockholders’ equity of at least stocks, bonds, debentures, or warrants.4 is not expected that any securities or futures $20 million. The Amex proposes to list for trading exchange will trade products on this or any 8 The Exchange’s continued listing guidelines are provisional index during the transition period. S&P set forth in Sections 1001 through 1003 of Part 10 under Section 107A of the Company has stated that, notwithstanding the simultaneous to the Exchange’s Company Guide. Section 1002(b) Guide notes linked to the performance calculation of provisional indexes, there will still be of the Company Guide states that the Exchange will of the S&P 500 (the ‘‘S&P 500 Notes’’ or only one official set of S&P indexes. In March 2005, consider removing from listing any security where, 5 the non-provisional S&P indexes will shift to partial in the opinion of the Exchange, it appears that the ‘‘Notes’’). Morgan Stanley will issue float adjustment, using float adjustment factors that extent of public distribution or aggregate market SM the Notes under the name ‘‘PLUS .’’ represent half of the total adjustment, based on the value has become so reduced to make further The S&P 500 is determined, calculated information published in September 2004. In dealings on the Exchange inadvisable. With respect and maintained solely by Standard and September 2005, the shift to float adjustment will to continued listing guidelines for distribution of 6 be completed, the official indexes will be fully the Notes, the Exchange will rely, in part, on the Poor’s. At maturity, the Notes will float-adjusted, and the provisional indexes will be guidelines for bonds in Section 1003(b)(iv). Section discontinued. Float adjustment factors will be 1003(b)(iv)(A) provides that the Exchange will 4 See Securities Exchange Act Release No. 27753 reviewed annually in September. During the normally consider suspending dealings in, or (March 1, 1990). 55 FR 8626 (March 8, 1990) (order transition period, S&P will adjust the divisor of the removing from the list, a security if the aggregate approving File No. SR–Amex–89–29). indexes in order to maintain continuity across the market value or the principal amount of bonds 5 Morgan Stanley and Standard & Poor’s, a adjustments. Therefore, as a result of the divisor publicly held is less than $400,000. division of the McGraw-Hill Companies, Inc. adjustments, the Index value will maintain 9 See Amendment No. 1. (‘‘S&P’’) have entered into a non-exclusive license continuity immediately following both adjustments 10 A negative return of the S&P 500 will reduce agreement providing for the use of the S&P 500 by (in March 2005 and September 2005). S&P does not the redemption amount at maturity with the Morgan Stanley and certain affiliates and expect any companies to be removed from the Index potential that the holder of the Note could lose his subsidiaries in connection with certain securities as a result of the adjustments. Also S&P does not entire investment amount. including these Notes. S&P is not responsible for expect a change in the value of the derivative based 11 A ‘‘market disruption event’’ is defined as (i) and will not participate in the issuance and creation on the index, due to adjustments S&P can make to the occurrence of a suspension, absence or material of the Notes. the index divisor; however, none of this is limitation of trading of 20% or more of the 6 The S&P 500 Index is a broad-based stock index, guaranteed. component stocks of the Index on the primary which provides an indication of the performance of 7 The initial listing standards for the Notes market for more than two hours of trading or during the U.S. equity market. The Index is a require: (1) A minimum public distribution of one the one-half hour period preceding the close of the capitalization-weighted index reflecting the total million units; (2) a minimum of 400 shareholders; principal trading session on such primary market; market value of 500 widely-held component stocks (3) a market value of at least $4 million; and (4) a (ii) a breakdown or failure in the price and trade relative to a particular base period. The Index is term of at least one year. In addition, the listing reporting systems of any primary market as a result computed by dividing the total market value of the guidelines provide that the issuer has assets in of which the reported trading prices for 20% or 500 stocks by an Index divisor. The Index Divisor excess of $100 million, stockholder’s equity of at more of the component stocks of the Index during keeps the Index comparable over time to its base least $10 million, and pre-tax income of at least the last one-half hour preceding the close of the

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determining the Final Level of the day during which no ‘‘market than the Initial Level), the Redemption Index, the Final Level will be disruption event’’ occurs. Amount per Unit will equal: determined on the next available trading If the percentage change of the Index is positive (i.e., the Final Level is greater

  Final Level− Initial Level  $10 +×  $10 × Upside Leverage Factor , not to exceed the Capped Value.   Initial Level  

The Upside Leverage Factor, determined The average daily trading volume for properly monitor the trading of the at the time of issuance, is expected to be these same securities for the last six (6) Notes. Specifically, the Amex will rely 200% of the percent increase in the months ranged from a high of 62.4 on its existing surveillance procedures Final Level of the S&P 500, which will million shares to a low of 130,000 governing equities, which have been be subject to the Capped Value of shares. The Index value will be deemed adequate under the Act. In approximately $11.80 or 118% of the disseminated at least once every fifteen addition, the Exchange also has a issue price. (15) seconds throughout the trading day. general policy which prohibits the If the percentage change of the Index Because the Notes are issued in $10 distribution of material, non-public is zero or negative (i.e., the Final Level denominations, the Amex’s existing information by its employees. is less than or equal to the Initial Level), equity floor trading rules will apply to 2. Statutory Basis the Redemption Amount per Unit will the trading of the Notes. First, pursuant equal: to Amex Rule 411, the Exchange will The Exchange believes that the impose a duty of due diligence on its proposed rule change, as amended, is  Final Level  consistent with section 6 15 of the Act in $10 × members and member firms to learn the  Initial Level essential facts relating to every customer general and furthers the objectives of section 6(b)(5) 16 in particular in that it Thus, if the Final Level of the S&P prior to trading the Notes.13 Second, the Notes will be subject to the equity is designed to prevent fraudulent and 500 is less than the Initial Level, an manipulative acts and practices, investor would receive less than his margin rules of the Exchange.14 Third, the Exchange will, prior to trading the promote just and equitable principles of initial $10 per share investment. trade, remove impediments to and However, the Notes are not leveraged on Notes, distribute a circular to the membership providing guidance with perfect the mechanisms of a free and the downside; the return would be open market and a national market directly proportional to the decline in regard to member firm compliance responsibilities (including suitability system, and, in general, protect the S&P 500. The Notes are cash-settled investors and the public interest. in U.S. dollars and do not give the recommendations) when handling holder any right to receive a portfolio transactions in the Notes and B. Self-Regulatory Organization’s security, dividend payments or any highlighting the special risks and Statement on Burden on Competition characteristics of the Notes. With other ownership right or interest in the The Exchange does not believe that respect to suitability recommendations portfolio or index of securities the proposed rule change will impose and risks, the Exchange will require comprising the S&P 500. The Notes are any burden on competition. designed for investors who want to members, member organizations and participate in or gain enhanced upside employees thereof recommending a C. Self-Regulatory Organization’s exposure to the S&P 500, subject to the transaction in the Notes: (1) To Statement on Comments on the Capped Value, and who are willing to determine that such transaction is Proposed Rule Change Received From forego principal protection and market suitable for the customer, and (2) to Members, Participants or Others interest payments on the Notes during have a reasonable basis for believing The Exchange did not receive any such term. The Commission has that the customer can evaluate the written comments on the proposed rule previously approved the listing of special characteristics of, and is able to change. securities and related options linked to bear the financial risks of such the performance of the S&P 500 Index.12 transaction. In addition, Morgan Stanley III. Solicitation of Comments As of June 9, 2004, the market will deliver a prospectus in connection Interested persons are invited to capitalization of the securities included with initial sales of the Notes. submit written data, views, and in the S&P 500 ranged from a high of The Exchange represents that its arguments concerning the foregoing, $318 billion to a low of $757 million. surveillance procedures are adequate to including whether the proposed rule

principal trading session on such primary market S&P 500 Index); 31591 (December 18, 1992), 57 FR (approving the listing and trading of a UBS Partial are materially inaccurate; (iii) the suspension, 60253 (December 18, 1992) (approving the listing Protection Note linked to the S&P 500) and 48486 material limitation or absence of trading on any and trading of Portfolio Depositary Receipts based (September 11, 2003), 68 FR 54758 (September 18, major securities market for trading in futures or on the S&P 500 Index); 27382 (October 26, 1989), 2003) (approving the listing and trading of CSFB options contracts or exchange traded funds related 54 FR 45834 (October 31, 1989) (approving the Contingent Principal Protection Notes on the S&P to the Index for more than two hours of trading or listing and trading of Exchange Stock Portfolios during the one-half hour period preceding the close based on the value of the S&P 500 Index); 30394 500). of the principal trading session on such market, and (February 21, 1992), 57 FR 7409 (March 2, 1992) 13 Amex Rule 411 requires that every member, (iv) a determination by Morgan Stanley & Co., (approving the listing and trading of a unit member firm or member corporation use due Incorporated that any event described in clauses investment trust linked to the S&P 500 Index) diligence to learn the essential facts, relative to (i)–(iii) above materially interfered with the ability (SPDR); 47911 (May 22, 2003), 68 FR 32558 (May every customer and to every order or account of Morgan Stanley or any of its affiliates to unwind 30, 2003) (approving the listing and trading of notes accepted. or adjust all or a material portion of the hedge (Wachovia TEES) linked to the S&P 500); 47983 14 See Amex Rule 462 and Section 107B of the position with respect to the Notes. (June 4, 2003), 68 FR 35032 (June 11, 2003) Company Guide. 12 See e.g., Securities Exchange Act Release Nos. (approving the listing and trading of a CSFB 19907 (June 24, 1983), 48 FR 30814 (July 5, 1983) Accelerated Return Notes linked to S&P 500); 48152 15 15 U.S.C. 78f(b). (approving the listing and trading of options on the (July 10, 2003), 68 FR 42435 (July 17, 2003) 16 15 U.S.C. 78f(b)(5).

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change, as amended, is consistent with Act.17 The Commission has approved Thus, the Notes are non-principal the Act. Comments may be submitted by the listing of securities with a structure protected instruments, but are not any of the following methods: similar to that of the Notes.18 leveraged on the downside. The level of Accordingly, the Commission finds that risk involved in the purchase or sale of Electronic Comments the listing and trading of the Notes the Notes is similar to the risk involved • Use the Commission’s Internet based on the Index is consistent with in the purchase or sale of traditional comment form (http://www.sec.gov/ the Act and will promote just and common stock. Because the final level rules/sro.shtml); or equitable principles of trade, foster of return of the Notes is derivatively • Send an e-mail to rule- cooperation and coordination with priced and based upon the performance [email protected]. Please include File persons engaged in regulating, clearing, of an index of securities; because the Number SR–Amex–2004–48 on the settling, processing information with Notes are debt instruments that do not subject line. respect to, and facilitating transactions guarantee a return of principal; and securities, and, in general, protect because investors’ potential return is Paper Comments investors and the public interest limited by the Capped Value, if the • Send paper comments in triplicate consistent with section 6(b)(5) of the value of the Index has increased over to Jonathan G. Katz, Secretary, Act.19 the term of such Note, there are several Securities and Exchange Commission, The Notes will provide investors who issues regarding the trading of this type 450 Fifth Street, NW., Washington, DC are willing to forego market interest of product. However, for the reasons 20549–0609. payments during the term of the Notes discussed below, the Commission All submissions should refer to File with a means to participate or gain believes the Exchange’s proposal Number SR–Amex–2004–48. This file exposure to the Index, subject to the adequately addresses the concerns number should be included on the Capped Value. The Notes are non- raised by this type of product. subject line if e-mail is used. To help the convertible debt securities whose price The Commission notes that the Commission process and review your will be derived and based upon the protections of Amex Rule 107A were comments more efficiently, please use Initial Level. The Commission notes that designed to address the concerns only one method. The Commission will the Notes will not have a minimum attendant on the trading of hybrid post all comments on the Commission’s principal investment amount that will securities like the Notes. In particular, Internet Web site (http://www.sec.gov/ be repaid, and payment on the Notes by imposing the hybrid listing rules/sro.shtml). Copies of the prior to or at maturity may be less than standards, suitability, disclosure and submission, all subsequent the original issue price of the Notes. At compliance requirements noted above, amendments, all written statements maturity, if the Final Value of the S&P the Commission believes that Amex has with respect to the proposed rule 500 is greater than the Initial Value, the addressed adequately the potential change that are filed with the performance of the Note is leveraged on problems that could arise from the Commission, and all written the ‘‘upside.’’ In other words, the hybrid nature of the Notes. The Commission notes that Amex will communications relating to the investor will receive, for each $10 distribute a circular to its membership proposed rule change between the principal amount, a payment equal to calling attention to the specific risks Commission and any person, other than $10 plus 200% of the percent increase associated with the Notes. The those that may be withheld from the in the value of the S&P 500, subject to Commission also notes that Morgan public in accordance with the the Capped Value of approximately Stanley will deliver a prospectus in provisions of 5 U.S.C. 552, will be $11.80 or 118% of the issue price. connection with the initial sales of the available for inspection and copying in However, if the S&P 500 declines from notes. In addition, the Commission the Commission’s Public Reference the Initial Value, then the investors will notes that Amex will incorporate and Section, 450 Fifth Street, NW., receive proportionately less than the rely upon its existing surveillance original issue price of the Notes. The Washington, DC 20549–0609. Copies of procedures governing equities, which return on the notes, however, is not such filing also will be available for have been deemed adequate under the leveraged on the downside. inspection and copying at the principal Act. office of the Amex. All comments In approving the product, the received will be posted without change; 17 15 U.S.C. 78f(b)(5). 18 Commission recognizes that the Index is the Commission does not edit personal See Securities Exchange Act Release Nos. a capitalization-weighted index 20 of 500 identifying information from 48152 (July 10, 2003), 68 FR 42435 (July 17, 2003) (approving the listing and trading of the UBS Partial companies listed on Nasdaq, the NYSE, submissions. You should submit only Protection Note linked to the Index); 47983 (June and the Amex. The Exchange represents information that you wish to make 4, 2003), 68 FR 35032 (June 11, 2003) (approving that the Index will be determined, available publicly. All submissions the listing and trading of a CSFB Accelerated calculated, and maintained by S&P. As should refer to File Number SR–Amex– Return Notes linked to Index); 47911 (May 22, 2003), 68 FR 32558 (May 30, 2003) (approving the of June 9, 2004, the market 2004–48 and should be submitted on or listing and trading of notes (Wachovia TEES) linked capitalization of the securities included before August 11, 2004. to the Index); 31591 (December 18, 1992), 57 FR in the S&P 500 ranged from a high of 60253 (December 18, 1992) (approving the listing IV. Commission’s Findings and Order and trading of Portfolio Depositary Receipts based $757 billion to a low of $318 million. Granting Accelerated Approval of on the Index); 30394 (February 21, 1992), 57 FR The average daily trading volume for Proposed Rule Change 7409 (March 2, 1992) (approving the listing and these same securities for the last six (6) trading of a unit investment trust linked to the months ranged from a high of 62.4 After careful consideration, the Index)(SPDR); 27382 (October 26, 1989), 54 FR million shares to a low of 130,000 Commission finds that the proposed 45834 (October 31, 1989) (approving the listing and trading of Exchange Stock Portfolios based on the shares. rule change, as amended, is consistent value of the Index); and 19907 (June 24, 1983), 48 Given the large trading volume and with the requirements of the Act and the FR 30814 (July 5, 1983) (approving the listing and capitalization of the compositions of the rules and regulations thereunder trading of options on the Index). stocks underlying the Index, the applicable to a national securities 19 15 U.S.C. 78f(b)(5). In approving this rule, the Commission notes that it has considered the Commission believes that the listing and exchange, and, in particular, with the proposed rule’s impact on efficiency, competition, requirements of section 6(b)(5) of the and capital formation. 15 U.S.C.78c(f). 20 See supra note 6.

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trading of the Notes that are linked to this concern is minimal given the size SECURITIES AND EXCHANGE the Index should not unduly impact the of the Notes issuance in relation to the COMMISSION market for the underlying securities net worth of Morgan Stanley. [Release No. 34–50016; File No. SR–Amex– comprising the Index or raise Finally, the Commission notes that 2004–43] manipulative concerns.21 As discussed the value of the Index will be more fully above, the underlying stocks disseminated at least once every fifteen Self-Regulatory Organizations; Notice comprising the Index are well- of Filing and Order Granting capitalized, highly liquid stocks. seconds throughout the trading day. The Commission believes that providing Accelerated Approval of a Proposed Moreover, the issuers of the underlying Rule Change by the American Stock access to the value of the Index at least securities comprising the Index are Exchange LLC Relating to the Listing once every fifteen seconds throughout subject to reporting requirements under and Trading of Notes Linked to the the Act, and all of the component stocks the trading day is extremely important Performance of the Nikkei 225 Index are either listed or traded on, or traded and will provide benefits to investors in through the facilities of, U.S. securities the product. July 14, 2004. markets. Additionally, the Amex’s The Commission finds good cause for Pursuant to Section 19(b)(1) of the surveillance procedures will serve to approving the proposed rule change, as Securities Exchange Act of 1934, as amended (‘‘Act’’) 1 and Rule 19b–4 deter as well as detect any potential amended, prior to the 30th day after the thereunder,2 notice is hereby given that manipulation. date of publication of the notice of filing Furthermore, the Commission notes on June 3, 2004, the American Stock thereof in the Federal Register. The that the Notes are depending upon the Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) individual credit of the issuer, Morgan Exchange has requested accelerated filed with the Securities and Exchange Stanley. To some extent this credit risk approval because this product is similar Commission (‘‘Commission’’) the is minimized by the Exchange’s listing to several other instruments currently proposed rule change as described in 25 standards in Section 107A of the listed and traded on the Amex. The Items I and II below, which Items have Company Guide which provide the only Commission believes that the Notes will been prepared by the Exchange. The issuers satisfying substantial asset and provide investors with an additional Commission is publishing this notice to equity requirements may issue investment choice and that accelerated solicit comments on the proposed rule securities such as the Notes. In addition, approval of the proposal will allow change from interested persons and is the Exchange’s ‘‘Other Securities’’ investors to begin trading the Notes approving the proposal on an listing standards further require that the promptly. Additionally, the Notes will accelerated basis. Notes have a market value of at least $4 be listed pursuant to Amex’s existing 22 I. Self-Regulatory Organization’s million. In any event, financial hybrid security listing standards as Statement of the Terms of Substance of information regarding Morgan Stanley described above. Therefore, the the Proposed Rule Change in addition to the information on the Commission finds good cause, The Exchange proposes to list and 500 common stocks comprising the consistent with Section 19(b)(2) of the 23 trade notes linked to the performance of Index will be publicly available. Act,26 to approve the proposal on an the Nikkei 225 (‘‘Nikkei 225’’ or The Commission also has a systemic accelerated basis. concern, however, that a broker-dealer ‘‘Index’’). The text of the proposed rule such as Morgan Stanley, or a subsidiary V. Conclusion change is available at the Office of the providing a hedge for the issuer will Secretary, the Amex and at the incur position exposure. However, as It is therefore ordered, pursuant to Commission. section 19(b)(2) of the Act,27 that the the Commission has concluded in II. Self-Regulatory Organization’s proposed rule change (SR–Amex–2004– previous approval orders for other Statement of the Purpose of, and hybrid instruments issued by broker- 48) and Amendment No. 1 thereto is Statutory Basis for, the Proposed Rule 24 dealers, the Commission believes that hereby approved on an accelerated Change basis. 21 The issuer Morgan Stanley disclosed in the In its filing with the Commission, the prospectus that the original issue price of the notes For the Commission, by the Division of Amex included statements concerning includes commissions (and the secondary market Market Regulation, pursuant to delegated the purpose of, and basis for, the prices are likely to exclude commissions) and authority.28 proposed rule change and discussed any Morgan Stanley’s costs of hedging its obligations under the notes. These costs could increase the Margaret H. McFarland, comments it received on the proposed initial value of the Notes, thus affecting the Deputy Secretary. rule change. The text of these statements payment investors receive at maturity. The [FR Doc. 04–16554 Filed 7–20–04; 8:45 am] may be examined at the places specified Commission expects such hedging activity to be in Item III below. The Amex has conducted in accordance with applicable regulatory BILLING CODE 8010–01–P requirements. prepared summaries, set forth in 22 See Company Guide Section 107A. Sections A, B, and C below, of the most 23 The Commission notes that the 500 component significant aspects of such statements. stocks that comprise the Index are reporting companies under the Act, and the Notes will be A. Self-Regulatory Organization’s registered under Section 12 of the Act. Statement of the Purpose of, and the 24 See Securities Exchange Act Release Nos. Statutory Basis for, the Proposed Rule 44913 (October 9, 2001), 66 FR 52469 (October 15, Change 2001) (order approving the listing and trading of notes whose return is based on the performance of 1. Purpose the Nasdaq-100 Index) (File No. SR–NASD–2001– notes whose return is based on a weighted portfolio 73); 44483 (June 27, 2001), 66 FR 35677 (July 6, of healthcare/biotechnology industry securities) Under Section 107A of the Amex 2001) (order approving the listing and trading of (File No. SR–Amex–96–27). Company Guide (‘‘Company Guide’’), notes whose return is based on a portfolio of 20 25 See supra note 18. the Exchange may approve for listing securities selected from the Amex Institutional 26 15 U.S.C. 78f(b)(5) and 78s(b)(2). Index) (File No. SR–Amex–2001–40); and 37744 (September 27, 1996), 61 FR 52480 (October 7, 27 15 U.S.C. 78o–3(b)(6) and 78s(b)(2). 1 15 U.S.C. 78s(b)(l). 1996) (order approving the listing and trading of 28 17 CFR 200.30–3(a)(12). 2 17 CFR 240. 19b–4.

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and trading securities which cannot be denominations of whole units (a that he holds, a payment equal to $10 readily categorized under the listing ‘‘Unit’’), with each Unit representing a plus the percentage increase in the criteria for common and preferred single Note. The original public offering value of the Nikkei 225 Index stocks, bonds, debentures, or warrants.3 price will be $10 per Unit. The Notes multiplied by the ‘‘Upside Leverage The Amex proposes to list for trading will entitle the owner at maturity to Factor,’’ which is expected to be 170– under Section 107A of the Company receive an amount based upon the 180% of the Initial Value. If the Final Guide notes linked to the performance percentage change of the Nikkei 225. Value is equal to the Initial Value, the of the Nikkei 225 (the ‘‘Nikkei Notes’’ or The Notes will not have a minimum investor will receive a payment of $10 ‘‘Notes’’).4 Morgan Stanley will issue principal amount that will be repaid, equal to the principal amount invested the Notes under the name ‘‘PLUSSM.’’ and accordingly, payment on the Notes for each PLUS. If the Final Value The Nikkei 225 is determined, prior to or at maturity may be less than declines from the Initial Value, the 8 calculated and maintained solely by the original issue price of the Notes. investor will receive proportionally less 5 NKS. The Notes will provide an The Notes are also not callable by the at maturity than the $10 principal uncapped multiplier in the positive issuer, Morgan Stanley, or redeemable invested. Thus, the Notes are not performance of the Nikkei 225 during by the holder. principal protected because the their term. The Notes will not be subject The payment that a holder or investor payment at maturity is linked to the of a Note will be entitled to receive (the to a maximum payment amount or performance of the Nikkei 225 Index. If ‘‘Redemption Amount’’) will depend on ceiling. there is a ‘‘market disruption event’’ 10 The Nikkei 225 Notes will conform to the relation of the level of the Nikkei when determining the Final Level of the the initial listing guidelines under 225 at the close of the market on the Index, the Final Level will be Section 107A 6 and continued listing second trading day 9 prior to maturity of guidelines under Sections 1001–1003 7 the Notes (the ‘‘Final Level’’) and the determined on the next available trading of the Company Guide. The Notes are closing value of the Index on the trading day during which no ‘‘market senior non-convertible debt securities of day immediately following the day the disruption event’’ occurs. Morgan Stanley. The Notes will have a Notes are priced for initial sale to the Thus, if the percentage change of the term of not less than one year but no public (the ‘‘Initial Value’’). At maturity, Index is positive (i.e., Final Level is more than ten (10) years and are if the Final Level is greater than the greater than the Initial Level), the expected to mature on June 30, 2009. Initial Value, the investor will receive Redemption Amount per Unit will Morgan Stanley will issue the Notes in for each $10 principal amount of PLUS equal:

  Final Level− Initial Level  $10 +×  $10 × Upside Leverage Factor   Initial Level  

3 See Securities Exchange Act Release No. 27753 of each component stock when multiplied by its removing from the list, a security if the aggregate (March 1, 1990). 55 FR 8626 (March 8, 1990) (order Weight Factor corresponds to a share price based market value or the principal amount of bonds approving File No. SR–Amex–89–29). on a uniform par value of ¥50. Each Weight Factor publicly held is less than $400,000. 4 Morgan Stanley and Nihon Keizai Shimbun, Inc. represents the number of shares of the related 8 A negative return of the Nikkei 225 will reduce (‘‘NKS’’) have entered into a non-exclusive license component stock, which are included in one the redemption amount at maturity with the agreement providing for the use of the Nikkei 225 trading unit of the Index. The stock prices used in potential that the holder of the Note could lose his by Morgan Stanley and certain affiliates and the calculation of the Index are those reported by entire investment amount. a primary market for the component stocks, which subsidiaries in connection with certain securities 9 A ‘‘trading day’’ is generally a day on which is currently the TSE. including these Notes. NKS is not responsible and trading is conducted on the TSE and on any 6 will not participate in the issuance and creation of The initial listing standards for the Notes exchange on which futures or options related to the the Notes. require: (1) a minimum public distribution of one Index are traded, other than a day on which trading 5 million units; (2) a minimum of 400 shareholders; The Nikkei 225 is calculated, published and on any such exchange is scheduled to close prior (3) a market value of at least $4 million; and (4) a disseminated by NKS. The Notes are not sponsored, to its regular final weekday closing time. endorsed, sold or promoted by NKS. NKS is a term of at least one year. In addition, the listing 10 A ‘‘market disruption event’’ is defined as (i) recognized service with business information in guidelines provide that the issuer has assets in the occurrence of a suspension, absence, or material Japan and publishes a large business daily, The excess of $100 million, stockholder’s equity of at Nihon Keizai Shimbon, and four other financial least $10 million, and pre-tax income of at least limitation of trading of 20% or more of the newspapers. NKS is not affiliated with a securities $750,000 in the last fiscal year or in two of the three component stocks of the Index on the primary broker or dealer. The Index measures the composite prior fiscal years. In the case of an issuer which is market for more than two hours of trading or during price performance of selected Japanese stocks. The unable to satisfy the earning criteria stated in the one-half hour period preceding the close of the Index is currently based on the 225 Underlying Section 101 of the Company Guide, the Exchange principal trading session on such primary market; Stocks trading on the Tokyo Stock Exchange will require the issuer to have the following: (1) (ii) a breakdown or failure in the price and trade (‘‘TSE’’) and represents a broad cross-section of assets in excess of $200 million and stockholders’ reporting systems of any primary market as a result Japanese industry. All 225 of the stocks underlying equity of at least $10 million; or (2) assets in excess of which the reported trading prices for 20% or the index are stocks listed in the First Section of of $100 million and stockholders’ equity of at least more of the component stocks of the Index during the TSE. Stocks listed in the First Section are $20 million. the last one-half hour preceding the close of the among the most actively traded stocks on the TSE. 7 The Exchange’s continued listing guidelines are principal trading session on such primary market The Index is a modified, price-weighted index. set forth in Sections 1001 through 1003 of Part 10 are materially inaccurate; (iii) the suspension, Each component stock’s weight in the Index is to the Exchange’s Company Guide. Section 1002(b) material limitation, or absence of trading on any based on its price per share rather than the total of the Company Guide states that the Exchange will major securities market for trading in futures or market capitalization of the issuers. NKS calculates consider removing from listing any security where, options contracts or exchange traded funds related the Index by multiplying the per share price of a in the opinion of the Exchange, it appears that the to the Index for more than two hours of trading or component stock by the corresponding weighting extent of public distribution or aggregate market during the one-half hour period preceding the close factor for the stock (a ‘‘Weight Factor’’), calculating value has become so reduced to make further of the principal trading session on such market; and the sum of all these products and dividing that sum dealings on the Exchange inadvisable. With respect (iv) a determination by Morgan Stanley & Co., by a divisor. The divisor, initially set on May 16, to continued listing guidelines for distribution of Incorporated that any event described in clauses 1949 at 225, was 23.156 as of June 1, 2004, and is the Notes, the Exchange will rely, in part, on the (i)–(iii) above materially interfered with the ability subject to periodic adjustments. Each Weight Factor guidelines for bonds in Section 1003(b)(iv). Section of Morgan Stanley or any of its affiliates to unwind is computed by dividing ¥50 by the par value of the 1003(b)(iv)(A) provides that the Exchange will or adjust all or a material portion of the hedge relevant component stock, so that the share price normally consider suspending dealings in, or position with respect to the Notes.

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The Upside Leverage Factor, determined investors at http://www.nni.nikkei.co.jp prior to trading the Notes.15 Second, the at the time of issuance, is expected to be and http://www.bloomberg.com. NKS is Notes will be subject to the equity between 170–180%. under no obligation to continue the margin rules of the Exchange.16 Third, If the percentage change of the Index calculation and dissemination of the the Exchange will, prior to trading the is zero or negative (i.e., Final Level is Index. In the event that NKS ever ceases Notes, distribute a circular to the less than or equal to the Initial Level), to maintain the Index, the Exchange will membership providing guidance with the Redemption Amount per Unit will contact the Commission staff to consider regard to member firm compliance equal: prohibiting the continued trading of the responsibilities (including suitability Notes.13 recommendations) when handling  Final Level  In order to maintain continuity in the transactions in the Notes and $10 ×  Initial Level level of the Index in the event of certain highlighting the special risks and changes due to non-market factors characteristics of the Notes. With The Notes are cash-settled in U.S. affecting the Underlying Stocks, such as respect to suitability recommendations dollars and do not give the holder any the addition or deletion of stocks, and risks, the Exchange will require right to receive a portfolio security, substitution of stocks, stock dividends, members, member organizations and dividend payments or any other stock splits or distributions of assets to employees thereof recommending a ownership right or interest in the stockholders, the divisor used in transaction in the Notes: (1) To portfolio or index of securities calculating the Index is adjusted in a determine that such transaction is comprising the Nikkei 225. The Notes manner designed to prevent any suitable for the customer, and (2) to are designed for investors who want to instantaneous change or discontinuity have a reasonable basis for believing participate in and gain enhanced upside in the level of the Index. The divisor that the customer can evaluate the exposure to a broad representation of remains at the new value until a further special characteristics of, and is able to the Japanese stock market and who are adjustment is necessary as the result of bear the financial risks of such willing to forego principal protection another change. As a result of each transaction. In addition, Morgan Stanley and market interest payments on the change affecting any Underlying Stock, will deliver a prospectus in connection Notes during such term. The Securities the divisor is adjusted in such a way with initial sales of the Notes in and Exchange Commission that the sum of all share prices accordance with its standard prospectus (‘‘Commission’’ or ‘‘SEC’’) has immediately after the change multiplied delivery procedures. previously approved the listing of by the applicable Weight Factor and The Exchange represents that its securities linked in whole, or in part, to divided by the new divisor, i.e., the surveillance procedures are adequate to the performance of the Nikkei 225 on level of the Index immediately after the properly monitor the trading of the 11 the Exchange. change, will equal the level of the Index Notes. Specifically, the Amex will rely As of June 1, 2004, the market immediately prior to the change.14 on its existing surveillance procedures capitalization of the securities included Because the Notes are issued in $10 governing equities that include in the Nikkei 225 ranged from a high of denominations, the Amex’s existing additional monitoring on key pricing approximately 14.512 trillion yen equity floor trading rules will apply to dates,17 which have been deemed ($131.118 billion) to a low of the trading of the Notes. First, pursuant adequate under the Act. In addition, the approximately 31.331 billion yen to Amex Rule 411, the Exchange will Exchange has an effective surveillance ($283.082 million). The average daily impose a duty of due diligence on its sharing agreement with the TSE that trading volume for these same securities members and member firms to learn the may be used as a basis for listing and for the last six (6) months ranged from essential facts relating to every customer trading securities linked to the Nikkei a high of approximately 5.996 million 225.18 The Exchange also notes that the shares to a low of approximately 1.190 13 Telephone conversation between Jeffrey Burns, TSE is a member of the Intermarket million shares. The Index is composed Associate General Counsel, Amex, and Florence Surveillance Group (‘‘ISG’’).19 As a of 225 securities and is broad-based. Harmon, Senior Special Counsel, Division, Commission, dated July 12, 2004. result, the Exchange asserts that market The highest weighted stock has a weight surveillance information is available of 3.483% while the top five (5) stocks 14 Telephone conversation between Jeffrey Burns, Associate General Counsel, Amex, and Florence from the TSE, if necessary, due to in the Index account for 14.283%. The Harmon, Senior Special Counsel, Division, regulatory concerns that may arise in level or value of the Index is calculated Commission, dated July 12, 2004 (pertaining to connection with the component stocks. once per minute during TSE Trading discussion of the continuity of the level of the In the event that it becomes necessary, hours 12 and is readily accessible to U.S. Index). Underlying Stocks may be deleted or added by NKS. However, to maintain continuity in the the Exchange will seek the Index, the policy of NKS is generally not to alter Commission’s assistance pursuant to 11 See Securities Exchange Act Release Nos. the composition of the Underlying Stocks except 49670 (May 7, 2004), 69 FR 27959 (May 17, 2004) when an Underlying Stock is deleted in accordance 15 Amex Rule 411 requires that every member, (approving the listing and trading of Accelerated with the following criteria. Any stock becoming member firm or member corporation use due Return Notes linked to the Nikkei 225); 38940 ineligible for listing in the First Section of the TSE diligence to learn the essential facts, relative to (August 15, 1997), 62 FR 44735 (August 22, 1997) due to any of the following reasons will be deleted every customer and to every order or account (approving the listing and trading of notes based on from the Underlying Stocks: bankruptcy of the accepted. the Major 11 International Index); 34821 (October issuer; merger of the issuer into, or acquisition of 16 11, 1994), 59 FR 52568 (October 18, 1994) the issuer by, another company; delisting of the See Amex Rule 462 and Section 107B of the (approving the listing and trading of warrants on stock or transfer of the stock to the ‘‘Seiri-Post’’ Company Guide. the Nikkei 300); and 27565 (December 22, 1989), 55 because of excess debt of the issuer or because of 17 Telephone conversation between Jeffrey Burns, FR 376 (January 4, 1990) (approving the listing and any other reason; or transfer of the stock to the Associate General Counsel, Amex, and Florence trading of warrants based on the Nikkei 225). Second Section of the TSE. Upon deletion of a stock Harmon, Senior Special Counsel, Division, 12 TSE Trading hours are currently 9:00 a.m. to from the Index, NKS will select, in accordance with Commission, dated July 12, 2004 (pertaining to key 11:00 a.m. and from 12:30 p.m. to 3:00 p.m. Tokyo certain criteria established by it, a replacement for pricing dates). time, Monday through Friday. Due to time zone the deleted Underlying Stock. In an exceptional 18 See Information Sharing Agreement between differences, on any normal trading day the TSE will case, a newly listed stock in the First Section of the the Amex and the TSE dated September 25, 1990. close prior to the opening of business in New York TSE that is recognized by NKS to be representative 19 ISG membership obligates an exchange to City on the same calendar day. Therefore, the of a market may be added to the Underlying Stocks. compile and transmit market surveillance closing level of the Index on a trading day will As a result, an existing Underlying Stock with low information and resolve in good faith any generally be available in the U.S. by the opening of trading volume and not representative of a market disagreements regarding requests for information or business on the same calendar day. will be deleted. responses thereto.

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memoranda of understanding or similar All submissions should refer to File After careful consideration, the inter-governmental agreements or Number SR-Amex-2004–43. This file Commission finds that the proposed arrangements that may exist between number should be included on the rule change, as amended, is consistent the Commission and the Japanese subject line if e-mail is used. To help the with the requirements of the Act and the securities regulators. Commission process and review your rules and regulations thereunder, The Exchange also has a general comments more efficiently, please use applicable to a national securities policy that prohibits the distribution of only one method. The Commission will exchange, and, in particular, with the material, non-public information by its post all comments on the Commission’s requirements of Section 6(b)(5) of the employees. Internet Web site (http://www.sec.gov/ Act,24 in that it is designed to promote 2. Statutory Basis rules/sro.shtml). Copies of the just and equitable principles of trade, to submission, all subsequent remove impediments to and perfect the The Exchange believes that the amendments, all written statements mechanism of a free and open market, proposed rule change is consistent with with respect to the proposed rule and, in general, to protect investors and 20 Section 6 of the Act in general and change that are filed with the the public interest.25 The Commission furthers the objectives of Section Commission, and all written believes that the Notes will provide 21 6(b)(5) in particular in that it is communications relating to the investors with a means to participate in designed to prevent fraudulent and proposed rule change between the any percentage increase in the Index manipulative acts and practices, to Commission and any person, other than that exists at the maturity of the Notes. promote just and equitable principles of those that may be withheld from the The Notes are non-principal protected trade, to foster cooperation and public in accordance with the debt instruments, the price of which coordination with persons engaged in provisions of 5 U.S.C. 552, will be will be derived from and based upon the facilitating transactions in securities, available for inspection and copying in value of the Nikkei 225 Index. The and to remove impediments to and the Commission’s Public Reference Notes do not have a minimum principal perfect the mechanism of a free and Section, 450 Fifth Street, NW., amount that will be repaid at maturity, open market and a national market Washington, DC 20549. Copies of such and the payments of the Notes prior to system. filing also will be available for or at maturity may be less than the B. Self-Regulatory Organization’s inspection and copying at the principal original issue price of the Notes. Statement on Burden on Competition offices of Amex. All comments received Accordingly, the level of risk involved The Exchange does not believe that will be posted without change; the in the purchase or sale of the Notes is the proposed rule change will impose Commission does not edit personal similar to the risk involved in the any burden on competition that is not identifying information from purchase or sale of traditional common necessary or appropriate in furtherance submissions. You should submit only stock. Because the final rate of return of of the purposes of the Act. information that you wish to make the Notes is derivatively priced, based available publicly. All submissions on the performance of the 225 common C. Self-Regulatory Organization’s should refer to File Number SR–Amex– stocks underlying the Nikkei 225 Index, Statement on Comments on the 2004–43 and should be submitted on or and because the Notes are instruments Proposed Rule Change Received From before August 11, 2004. that do not guarantee a return of Members, Participants or Others principal, there are several issues IV. Commission’s Findings and Order The Exchange did not solicit or regarding the trading of this type of Granting Accelerated Approval of product. However, for the reasons receive any written comments on the Proposed Rule Change proposed rule change. discussed below, the Commission Amex has asked the Commission to believes that Amex’s proposal III. Solicitation of Comments approve the proposal on an accelerated adequately addresses the concerns Interested persons are invited to basis to accommodate the timetable for raised by this type of product. submit written data, views, and listing the Notes. The Commission notes The Commission notes that the arguments concerning the foregoing, that it has previously approved the protections of Amex Rule 107A were including whether the proposed rule listing of securities the performance of designed to address the concerns change, as amended, is consistent with which have been linked to, or based on, attendant to the trading hybrid the Act. Comments may be submitted by the Index.22 The Commission has also securities like the Notes. In particular, any of the following methods: previously approved the listing of by imposing the hybrid listing securities with a structure similar to that standards, suitability, disclosure, and Electronic Comments of the Notes.23 compliance requirements noted above, • Use the Commission’s Internet the Commission believes that Amex has comment form (http://www.sec.gov/ 22 See Securities Exchange Act Release Nos. addressed adequately the potential rules/sro.shtml); or 49999 (July 9, 2004) (approving the listing and problems that could arise from the • Send an e-mail to rule- trading of Contingent Principal Protection Notes Linked to the Performance of the Nikkei 225 Index); hybrid nature of the Notes. The [email protected]. Please include File 49670 (May 7, 2004), 69 FR 27959 (May 17, 2004) Commission notes that Amex will Number SR–Amex–2004–43 on the (approving the listing and trading of Accelerated distribute a circular to its membership subject line. Return Notes linked to the Nikkei 225 for Nasdaq); calling attention to the specific risks and 38940 (August 15, 1997), 62 FR 44735 (August Paper Comments 22, 1997) (approving the listing and trading of • Market Index Target-Term Securities the return on Market Recovery Notes linked to the Nasdaq-100 Send paper comments in triplicate which is based on changes in the value of a Index); and 46883 (November 21, 2002), 67 FR to Jonathan G. Katz, Secretary, portfolio of 11 foreign indexes, including the Nikkei 71216 (November 29, 2002) (approving the listing Securities and Exchange Commission, 225 Index). and trading of Market Recovery Notes linked to the 450 Fifth Street, NW., Washington, DC 23 See Securities Exchange Act Release Nos. Dow Jones Industrial Average). 24 20549–0609. 47464 (March 7, 2003), 68 FR 12116 (March 13, 15 U.S.C. 78f(b)(5). 2003) (approving the listing and trading of Market 25 In approving this rule, the Commission notes Recovery Notes Linked to the S&P 500 Index); that it has considered the proposed rule’s impact on 20 15 U.S.C. 78f. 47009 (December 16, 2002), 67 FR 78540 (December efficiency, competition, and capital formation. 15 21 15 U.S.C. 78f(b)(5). 24, 2002) (approving the listing and trading of U.S.C. 78c(f).

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associated with the Notes. The trading of the Notes that are linked to Nikkei 225 Index, including the Commission also notes that Morgan the Nikkei 225 Index should not unduly dissemination of the Index value once Stanley will deliver a prospectus in impact the market for the underlying per minute, will be publicly available.27 connection with the initial sales of the securities comprising the Nikkei 225 The Commission also has a systemic Notes. In addition, the Commission Index or raise manipulative concerns.26 concern, however, that a broker-dealer notes that Amex will incorporate and As discussed more fully above, the such as Morgan Stanley, or a subsidiary rely upon its existing surveillance underlying stocks comprising the Nikkei procedures governing equities, which 225 Index are well-capitalized, highly providing a hedge for the issuer will have been deemed adequate under the liquid stocks. incur position exposure. However, as Act. In light of the fact that the Nikkei is the Commission has concluded in In approving the product, the a foreign index, the Commission previous approval orders for other Commission recognizes that the Index is believes adequate surveillance sharing hybrid instruments issued by broker- a stock index calculated, published and agreements between the Amex and the dealers,28 the Commission believes that disseminated by NKS, which measures TSE is a necessary prerequisite to deter this concern is minimal given the size the composite price performance of and detect potential manipulations or of the Notes issuance in relation to the selected Japanese stocks. The Index is other improper or illegal trading net worth of Morgan Stanley. currently based on 225 common stocks involving the Notes. While many of the Finally, as the Commission noted, the traded on the TSE and represents a issuers of the underlying securities value of the Nikkei 225 Index will be broad cross-section of Japanese comprising the Nikkei 225 are not disseminated at least once every minute industry. All 225 underlying stocks are subject to reporting requirements under listed in the First Section of the TSE and the Act, Amex represents that an throughout the trading day. Because the are, therefore, among the most actively adequate surveillance sharing agreement Nikkei 225 Index contains foreign traded stocks on the TSE. The Nikkei is exists through the ISG between the securities and is composed of highly a modified, price-weighted index, Amex and the TSE to deter and detect liquid and well-capitalized securities, which means a component stock’s potential manipulations or other the Commission believes that providing weight in the Nikkei is based on its improper trading in the underlying access to the value of the Index at least price per share rather than total market components. Therefore, Amex’s once every minute throughout the capitalization of the issuers. NKS surveillance procedures will serve to trading day is sufficient and will calculates the Index by multiplying the deter as well as detect any potential provide benefits to investors in the per share price of a component stock by manipulation. This agreement obligates product. the corresponding weighting factor for the Amex and TSE to compile and The Commission finds good cause for the stock, calculating the sum of all transmit market surveillance approving the proposed rule change these products, and dividing that sum information and resolve in good faith prior to the thirtieth day after the date by a divisor. any disagreements regarding requests of publication of notice of filing thereof As stated above, NKS is under no for information. Accordingly, the in the Federal Register. The obligation to continue the calculation Commission believes that the and dissemination of the Index. In the surveillance sharing Agreement through Commission believes that the Notes will event the calculation and dissemination ISG is adequate for the Amex to surveil provide investors with an additional every minute of the Index is the components of the Nikkei 225 for investment choice and that accelerated discontinued, Amex represents that it potential manipulation or other trading approval of the proposal will allow will contact Commission staff and abuses between the markets with investors to begin trading the Notes consider prohibiting the continued respect to the trading of the Notes based promptly. In addition, the Commission listing of the Notes. The Commission on the Nikkei 225. notes that it has previously approved notes that the changes in the Furthermore, the Commission notes the listing and trading of other composition of the Nikkei 225 Index is that the Notes are dependent upon the derivative securities based on the Index made solely by NKS. The changes to individual credit of the issuer, Morgan and securities with a structure similar to these common stocks tend to be made Stanley. To some extent this credit risk that of the Notes.29 Accordingly, the infrequently with most substitutions the is minimized by the Amex’s listing Commission believes that there is good result of mergers and other standards in Amex Rule 107A, which cause, consistent with Sections 6(b)(5) extraordinary corporate actions. As of provide the only issuers satisfying and 19(b)(2) of the Act,30 to approve the June 1, 2004, the market capitalization substantial asset and equity proposal, on an accelerated basis. of the securities included in the Nikkei requirements may issue securities such 225 ranged from a high of as the Notes. In addition, the Amex’s 27 See http://www.nni.nikkei.co.jp and http:// approximately 14.512 trillion yen hybrid listing standards further require www.bloomberg.com. ($131.118 billion) to a low of that the Notes have a market value of at 28 See, e.g., Securities Exchange Act Release Nos. approximately 31.331 billion yen least $4 million. In any event, financial 44913 (October 9, 2001), 66 FR 52469 (October 15, ($283.082 million). The average daily information regarding Morgan Stanley, 2001) (order approving the listing and trading of trading volume for these same securities in addition to the information on the notes whose return is based on the performance of for the last six (6) months ranged from 225 common stocks comprising the the Nasdaq-100 Index) (File No. SR–NASD–2001– 73); 44483 (June 27, 2001), 66 FR 35677 (July 6, a high of approximately 5.996 million 2001) (order approving the listing and trading of 26 shares to a low of approximately 1.190 The issuer Morgan Stanley disclosed in the notes whose return is based on a portfolio of 20 million shares. The Index is composed prospectus that the original issue price of the Notes securities selected from the Amex Institutional includes commissions, and the secondary market Index) (File No. SR–Amex–2001–40); and 37744 of 225 securities and is broad-based. prices are likely to exclude commissions, and (September 27, 1996), 61 FR 52480 (October 7, The highest weighted stock has a weight Morgan Stanley’s costs of hedging its obligations 1996) (order approving the listing and trading of of 3.483% while the top five (5) stocks under the Notes. These costs could increase the notes whose return is based on a weighted portfolio in the Index account for 14.283%. Given Initial Value of the Notes, thus affecting the payment investors receive at maturity. The of healthcare/biotechnology industry securities) the composition of the stocks Commission expects such hedging activity to be (File No. SR–Amex–96–27). underlying the Nikkei 225 Index, the conducted in accordance with applicable regulatory 29 See supra notes 22 and 23. Commission believes that the listing and requirements. 30 15 U.S.C. 78f(b)(5) and 78s(b)(2).

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V. Conclusion one comment letter on the proposed 2003 Agreement, to give effect to a 5 It is therefore ordered, pursuant to rule change. On May 25, 2004, the structure providing for the issuance of Section 19(b)(2) of the Act,31 that the CBOE submitted a response to the these interests. Thus, the interpretation, 6 proposed rule change (SR–Amex–2004– comment letter, and the commenter embodied in the 2003 Agreement, 43) is hereby approved on an replied to CBOE’s response in a second constitutes the substance of the accelerated basis. comment letter submitted on June 16, proposed rule change. 2004.7 This order approves the The interpretation of Article Fifth(b), For the Commission by the Division of proposed rule change, as amended. embodied in the 2003 Agreement, Market Regulation, pursuant to delegated includes definitions of who will be authority.32 II. Description of the Proposed Rule ‘‘Eligible CBOT Full Members’’ and Margaret H. McFarland, Change ‘‘Eligible CBOT Full Member Delegates’’ Deputy Secretary. The CBOE is proposing to interpret entitled to exercise after the CBOT has [FR Doc. 04–16555 Filed 7–20–04; 8:45 am] Article Fifth(b) to explain how it will issued separately transferable interests BILLING CODE 8010–01–P apply, upon the distribution by the representing the Exercise Right CBOT to each of its 1,402 Full Members component of CBOT Full Memberships upon their individual request, to a to those CBOT Full Members who SECURITIES AND EXCHANGE separately transferable interest request them. The interests are referred COMMISSION representing the Exercise Right to in the 2003 Agreement and in this [Release No. 34–50028; File No. SR–CBOE– component of each CBOT Full filing as ‘‘Exercise Right Privileges.’’ 2004–16] Membership. According to the CBOE, The CBOE represents that, under the CBOT’s willingness to issue these definitions, to become a member Self-Regulatory Organizations; transferable Exercise Right interests is of the CBOE by virtue of the Exercise Chicago Board Options Exchange, reflected in the 2003 Agreement. Right, the holder or delegate (i.e., a Inc.; Order Granting Approval to a Because CBOE Rule 3.16 currently refers lessee under CBOT Rules and Proposed Rule Change and to certain terms that were previously Regulations) of one of the 1,402 Amendment No. 1 Thereto Relating to interpreted and defined in an agreement outstanding CBOT Full Memberships in an Interpretation of Paragraph (b) of between CBOE and the CBOT in 1992 which an Exercise Right Privilege has Article Fifth of Its Certificate of (‘‘1992 Agreement’’), and the terms are been issued must possess one Exercise Incorporation and an Amendment to now further interpreted and defined in Right Privilege, whether bundled or Rule 3.16(b) the 2003 Agreement, the proposed rule unbundled 9 from the related CBOT Full change also amends CBOE Rule 3.16 to Membership. In addition, the CBOE July 15, 2004. add a reference in the 2003 Agreement. believes that a CBOE exerciser member I. Introduction The 2003 Agreement contemplates the must also possess all of the other rights On March 4, 2004, the Chicago Board issuance by the CBOT of a separately or privileges appurtenant to a CBOT Options Exchange, Inc. (‘‘CBOE’’ or transferable interest representing the Full Membership; meet the applicable ‘‘Exchange’’) filed with the Securities Exercise Right component of a CBOT membership and eligibility and Exchange Commission Full Membership in advance of the requirements of the CBOT; and be (‘‘Commission’’), pursuant to Section consummation of the CBOT’s proposed deemed to be a ‘‘CBOT Full Member’’ or 19(b)(1) of the Securities Exchange Act corporate restructuring, which a ‘‘CBOT Full Member Delegate’’ under 1 contemplates a similar separately the CBOT Rules and Regulations. of 1934 (‘‘Act’’), and Rule 19b–4 8 thereunder,2 a proposed rule change to transferable interest structure. In The 2003 Agreement also provides adopt an interpretation, embodied in an addition, the CBOE represents that the that the CBOT will adopt and maintain agreement dated December 17, 2003 CBOT’s membership has approved rules and procedures acceptable to the (‘‘2003 Agreement’’), between the CBOE changes to the CBOT Rules and CBOE governing the issuance and and the Board of Trade of the City of Regulations, pursuant to the terms of the subsequent transfer of Exercise Right Chicago, Inc. (‘‘CBOT’’), of paragraph (b) Privileges and CBOT Full Memberships, 5 of Article Fifth of the CBOE Certificate Letter from Thomas A. Bond, Member, CBOE, et to enable the CBOE to administer the al., to Jonathan G. Katz, Secretary, Commission, operation of the Exercise Right in a of Incorporation (‘‘Article Fifth(b)’’) and dated April 28, 2004. CBOE Rule 3.16, pertaining to the right 6 Letter from Joanne Moffic-Silver, General manner consistent with the of the 1,402 Full Members of CBOT to Counsel and Corporate Secretary, CBOE, to interpretation embodied in the 2003 become members of CBOE without Jonathan G. Katz, Secretary, Commission, dated Agreement. In addition, the 2003 May 24, 2003. having to purchase a CBOE membership Agreement states that the CBOE intends 7 Letter from Thomas A. Bond, Member, CBOE, et to make an offer to CBOT Full Members (‘‘Exercise Right’’). On April 9, 2004, the al., to Jonathan G. Katz, Secretary, Commission, CBOE filed Amendment No. 1 to the dated June 8, 2004 (‘‘June 8th Letter’’). that, subject to the terms and conditions proposed rule change.3 The proposed 8 The CBOE noted that the CBOT’s proposed of the offer, will allow the CBOE to rule change, as amended, was published restructuring has not yet been consummated and purchase Exercise Right Privileges from that it remains uncertain when the proposed for comment in the Federal Register on those CBOT Full Members that accept restructuring will occur. Indeed, the 2003 10 May 3, 2004.4 The Commission received Agreement specifically states that the CBOT is not the offer. Further, as provided in the obligated to consummate the contemplated 9 According to the CBOE, under the proposed 31 15 U.S.C. 78s(b)(2). restructuring or any other restructuring. The CBOE also noted that the CBOT’s proposal to issue a interpretation of Article Fifth(b) embodied in the 32 17 CFR 200.30–3(a)(12). separately transferable interest representing the 2003 Agreement, Exercise Right Privileges may be 1 15 U.S.C. 78s(b)(1). Exercise Right as part of its restructuring was the separately bought and sold and bundled and 2 17 CFR 240.19b–4. subject of a prior proposed interpretation by the rebundled with the other rights and privileges of 3 See letter from Arthur B. Reinstein, Deputy CBOE of Article Fifth(b), which was filed with the CBOT Full Membership for purposes of making the General Counsel, CBOE, to Lisa N. Jones, Special Commission as a proposed rule change in File No. holder of an Exercise Right Privilege eligible to Counsel, Division of Market Regulation SR–CBOE–2002–01. On April 7, 2004, the CBOE exercise. (‘‘Division’’), Commission, dated April 8, 2004 withdrew this filing. See letter from Arthur B. 10 In addition, the 2003 Agreement states that (‘‘Amendment No. 1’’). Reinstein, Deputy General Counsel, CBOE, to Lisa CBOE’s offer would have no effect on a CBOT Full 4 Securities Exchange Act Release No. 49620 N. Jones, Special Counsel, Division, Commission, Member’s right to exercise on the CBOE if the CBOT (April 26, 2004), 69 FR 24205. dated April 6, 2004. Full Member chooses not to accept CBOE’s offer,

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2003 Agreement, the CBOT and the Article Fifth(b) was established (and governance of the CBOT resulting from CBOE have each agreed to provide to approved by the Commission) to a demutualization—a circumstance not the other certain current information provide a mechanism for CBOE subject to this filing. In addition, the regarding the status of their members, members and CBOT members who Exchange notes that the proposed including exercisers and persons who exercise on the CBOE (‘‘CBOE exerciser interpretation provides that, although own or lease an Exercise Right Privilege. members’’) to: (1) Decide on whether the Exercise Right Privilege would be a The CBOE represents that the changes in the definition or structure of transferable interest, the holder of the proposed interpretation of Article a CBOT member would affect the Exercise Right Privilege would not have Fifth(b) is consistent with the language Exercise Right, and (2) protect one class the right to exercise on the CBOE unless of Article Fifth(b), and that the of CBOE membership from adversely the holder also possess a CBOT Full interpretation does not propose to affecting the other. Membership. amend Article Fifth(b) in any respect; it Regarding CBOT’s proposed only interprets how Article Fifth(b) restructuring, the commenters believe The commenters also express concern would apply in circumstances that were that the CBOT’s proposed restructuring that the proposed interpretation states not envisioned when Article Fifth(b) necessitates an amendment to Article that certain disputes concerning the was adopted, and therefore were not Fifth(b), and not an interpretation, definition of a CBOT member as it addressed in the language of Article because once the CBOT demutualizes, it pertains to the Exercise Right will be Fifth(b).11 The CBOE also believes that will no longer be a membership subject to arbitration as opposed to the the proposed interpretation of Article organization. In particular, the membership vote provided in Article Fifth(b) is consistent with the commenters state that, changing from a Fifth(b). Further, the commenters interpretation of the Exercise Right membership structure, in which CBOE believe that according to the 1992 embodied in the 1992 Agreement.12 and its members have information on Agreement, a CBOE exerciser member Finally, the CBOE represents that the actions of the CBOT that affect the does not have the right to transfer interpretation of Article Fifth(b), Exercise Right and the number of CBOE (whether by sale, lease, gift, bequest, or embodied in the 2003 Agreement, is exerciser members, to a demutualized otherwise) its CBOE regular intended to apply solely in the stock corporation affects the governance membership or any other trading rights circumstances involving the issuance of and operations of the CBOT. The and privileges appurtenant thereto. The Exercise Right Privileges to some or all commenters also express concern that, commenters interpret provisions of the of its 1,402 Full Members as described along with CBOT’s proposed 1992 Agreement to require that all in the 2003 Agreement, so as to make it restructuring, committee structures, equity and trading rights would have to clear that the interpretation is not petition processes, and representation be assembled to exercise if the CBOT’s intended to cover any other on the board of directors would also demutualization were to occur. Thus, circumstances that might arise and also change. Therefore, the commenters the commenters are concerned that the have an impact on the Exercise Right. believe that the CBOT’s restructuring proposed interpretation would allow the warrants an Article Fifth(b) vote. The CBOT to demutualize into three classes III. Summary of Comments commenters further note that the of shares (A, B, and C) that can be split As noted above, the Commission definition of a ‘‘member of the Board of and sold separately, which constitutes received comments on the proposed Trade’’ is being amended in the CBOT’s an amendment to Article Fifth(b) and rule change 13 from several members of proposed restructuring, which should not an interpretation.17 the CBOE.14 In general, the commenters be subject to an Article Fifth(b) vote. In response to the commenter’s believe that the Commission should not The commenters are also concerned concerns, the Exchange believes that the approve the proposed rule change that, if the CBOT demutualizes, the purpose of the Exercise Right Privilege because the interpretation, embodied in Exercise Right could be negated by the is to create an interest that CBOE, or the 2003 Agreement, constitutes an CBOE; they cite to a provision in the others, might purchase to reduce the amendment to Article Fifth(b) and thus 1992 Agreement that states that, if the number of outstanding Exercise Rights, should be subject to a membership CBOT, among other things, is acquired and to give CBOT members a way to vote.15 According to the commenters, by another entity (and the surviving realize the value of the Exercise Right entity is not a registered exchange), then without having to sell their entire CBOT and that holders of the Exercise Right would Article Fifth(b) would not apply. membership.18 The Exchange believes continue to be entitled to become an exerciser In response to the commenters’ member of the CBOE. that the proposed interpretation 11 By its terms, Article Fifth(b) may be amended concerns, the Exchange maintains that embodied in the 2003 Agreement is only with the approval of 80% of CBOE’s members the CBOT’s issuance of the Exercise consistent with the language of Article admitted by exercise, and 80% of CBOE’s members Right Privileges is separate and distinct Fifth(b) in that the Exercise Right would admitted other than by exercise, each voting as a from the CBOT’s pending remain available to a person so long as separate class. restructuring.16 The Exchange believes 12 The CBOE noted that the proposed he or she remains a member of the interpretation of the Exercise Right that is the that the commenters’ concerns primarily subject of this filing does not displace the refer to changes in the structure or 17 The commenters also state that, under the interpretation embodied in the 1992 Agreement, CBOT’s membership organization, the voting rights except it provides that if there are any 16 In its June 8th Letter, the commenters replied are joined with the trading rights and equity inconsistencies between the interpretation that, although SR–CBOE–2002–01 was withdrawn, interests and are not separated. However, when embodied in the 2003 Agreement and the they believe that the CBOT restructuring will be CBOT is demutualized, the parts will be separated interpretation embodied in the 1992 Agreement, occurring soon, and therefore the Commission and consequently the parties holding the voting then the interpretation embodied in the 2003 should not separate the issues presented in both rights may be different and have different agendas Agreement would control. filings (citing to a letter from Charles P. Carey, than the parties having the trading rights. 13 The Commission notes that the commenters Chairman, CBOT, which generally provides that, 18 In response, commenters state that the refer to two separate proposed rule changes filed by upon final court approval of a settlement agreement proposed interpretation would create two classes of the CBOE—File No. SR–CBOE–2002–01 and SR– with plaintiffs in the minority member lawsuit, and CBOT memberships—one with the Exercise Right CBOE–2004–16. But see supra note 8 (noting that the Commission declaring CBOT’s registration and one without. Thus, CBOT members would be CBOE has withdrawn File No. SR–CBOE–2002–01). statement effective, it can move forward with a able to receive value for Exercise Right, which was 14 See supra notes 5 and 7. membership vote and complete the restructuring). not recognized in Article Fifth(b) and the 1992 15 See supra note 11. See supra note 7. Agreement. See supra note 7.

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CBOT.19 The Exchange notes that the general to protect investors and the circumstances surrounding CBOT’s 1992 Agreement provides that if a CBOT public interest, and Section 6(c)(3)(A) of proposed restructuring under Delaware Full Membership is divided into the Act,24 which permits, among other law. separate parts, a person must hold all of things, an exchange to examine and In addition, the Commission is not the parts to exercise on the CBOE. The verify the qualifications of an applicant approving or disapproving the terms of Exchange states that the interpretation to become a member, and the natural the 2003 Agreement; rather, the does not amend Article Fifth(b), rather, persons associated with such applicant, Commission is approving a proposed as noted above, the interpretation in accordance with the procedures rule change filed by the CBOE which describes how the Article would apply established by exchange rules. interprets CBOE’s rules. Further, in under circumstances that were not The CBOE believes that the proposed approving this proposal, the originally contemplated when Article interpretation should clarify a Commission is relying on CBOE’s Fifth(b) was adopted. circumstance regarding the Exercise representation that its interpretation is Further, the Exchange represents that Right that was not originally envisioned appropriate under Delaware state law,25 it has been advised by its Delaware by the CBOE and CBOT when Article and CBOE’s Opinion of Counsel that it counsel that, under Delaware state law, Fifth(b) was adopted. The CBOE also is within the general authority of its it is within the general authority of represents that the CBOT will issue to Board of Directors to interpret Article CBOE’s Board of Directors to interpret each of its 1,402 Full Members, upon Fifth(b) when questions arise as to its its governing documents when their individual request, a separately application under certain questions arise as to their application in transferable interest representing the circumstances, so long as the these types of circumstances, so long as Exercise Right component of the CBOT interpretation adopted by the the interpretation adopted by the Full Membership. Moreover, the CBOE Exchange’s Board of Directors is made Exchange’s Board of Directors is represents that to be eligible as a CBOE in good faith, consistent with the terms consistent with the terms of the exerciser member, one must hold a of the governing documents themselves, 20 governing documents themselves. The CBOT Full Membership, which would and not for inequitable purposes.26 The Exchange represents that the include one Exercise Right Privilege Commission has not independently interpretations do not constitute (representing the Exercise Right) in evaluated the propriety of CBOE’s amendments to the governing addition to all the other rights or interpretation under Delaware state law. documents, and thus are not subject to privileges appurtenant to a CBOT Full the procedures that would apply if they Membership. V. Conclusion were actually being amended.21 The Commission has considered the It is therefore ordered, pursuant to commenters’ concerns about how the IV. Discussion section 19(b)(2) of the Act,27 that the proposed interpretation could adversely proposed rule change (SR–CBOE–2004– After careful review of the proposal, affect the Exercise Right. In its decision 16), as amended, is approved. the comments received, and CBOE’s to approve the proposal, the response to the comments, the Commission is relying on CBOE’s For the Commission, by the Division of Commission finds that the proposed representation that the CBOT will adopt Market Regulation, pursuant to delegated authority.28 rule change is consistent with the and maintain rules and procedures requirements of the Act and the rules governing the issuance and transfer of Margaret H. McFarland, and regulations thereunder applicable to the Exercise Right Privileges to enable Deputy Secretary. a national securities exchange.22 In the CBOE to administer the operation of [FR Doc. 04–16559 Filed 7–20–04; 8:45 am] particular, the Commission finds that the Exercise Right in a manner BILLING CODE 8010–01–P the proposal is consistent with Section consistent with Exchange rules. Further, 6(b)(5) of the Act,23 which requires, the Commission notes that CBOE has among other things, that the rules of an represented that both the CBOE and SECURITIES AND EXCHANGE exchange be designed to promote just CBOT will provide each other with COMMISSION and equitable principles of trade, and in current information regarding the status [Release No. 34–50013; File No. SR–CHX– of their members, including exerciser 2004–02] 19 The CBOE represents that, if and when the members and persons who own or lease CBOT restructures and is no longer a membership an Exercise Right Privilege. The organization, the CBOE will further interpret the Self-Regulatory Organizations; Order Exercise Right to determine its application in light Commission believes that this open Approving Proposed Rule Change by of the demutualization. Telephone conversation exchange of information regarding the the Chicago Stock Exchange, between Arthur B. Reinstein, Deputy General Exercise Right should adequately Incorporated Relating to the Minimum Counsel, CBOE, and Lisa N. Jones, Special Counsel, address any concerns that the proposal Division, Commission, on June 10, 2004. Automatic Execution Threshold Size 20 See letter from Michael D. Allen, Esq., will adversely affect CBOE regular Richards, Layton & Finger, to Joanne Moffic-Silver, membership, or any other trading rights July 14, 2004. General Counsel and Corporate Secretary, CBOE, and privileges thereof. On February 11, 2004, the Chicago dated June 29, 2004 (providing a legal opinion from The Commission has also considered Stock Exchange, Inc. (‘‘CHX’’ or Delaware counsel in connection with CBOE–2004– 16) (‘‘Opinion of Counsel’’). the commenters’ concerns about the ‘‘Exchange’’) filed with the Securities 21 In its June 8th Letter, the commenters reply CBOT’s proposed restructuring, and and Exchange Commission (‘‘SEC’’ or that, although the CBOE Board of Directors has the notes that CBOT’s proposed ‘‘Commission’’), pursuant to Section right to interpret changes in the CBOT membership, restructuring has not yet been 19(b)(1) of the Securities Exchange Act Article Fifth(b) requires both the CBOE member and consummated. The Commission the Exercise Right holder to decide if changes or amendments to Article Fifth(b) are permissible. emphasizes that this order only 25 Telephone conversation among Arthur B. Thus, the commenters believe that the CBOE Board approves CBOE’s interpretation as it Reinstein, Deputy General Counsel, CBOE, of Directors is usurping members’ rights by relates to the proposed changes to CBOE Katherine A. England, Assistant Director, and Lisa N. Jones, Special Counsel, Division, Commission, interpreting Article Fifth(b). See supra note 7. Rule 3.16. The Commission is not 22 In approving this rule, the Commission has on July 15, 2004. considered the impact on efficiency, competition, making a finding on any facts and 26 See supra note at p. 5. and capital formation. 15 U.S.C. 78c(f). 27 15 U.S.C. 78s(b)(2). 23 15 U.S.C. 78f(b)(5). 24 15 U.S.C. 78f(c)(3)(A). 28 17 CFR 200.30–3(a)(12).

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of 1934 (the ‘‘Act’’),1 and Rule 19b–4 automatic execution threshold will give SECURITIES AND EXCHANGE thereunder,2 a proposed rule change to CHX specialists more flexibility in COMMISSION eliminate the existing 100-share handling orders. minimum automatic execution [Release No. 34–50024; File No. SR–CHX– The Exchange has also represented 2004–10] threshold and the rule governing the that a number of CHX specialist firms procedures by which specialists obtain have developed and are implementing a Self-Regulatory Organizations; Order permission to switch from automatic remote pricing functionality (‘‘RFP’’) Granting Approval of Proposed Rule execution mode to manual execution that permits specialists to respond to Change and Amendment No. 1 Thereto mode. The proposed rule change was orders that are dropped for manual by the Chicago Stock Exchange, Inc. published for comment in the Federal handling. The RFP functionality permits Relating to Co-Specialist Assignments Register on June 10, 2004.3 The specialists to price individual orders. and Evaluations Commission received no comments on The RFP then provides the Exchange’s the proposal. This order approves the July 15, 2004. MAX system with automated execution proposed rule change. On February 3, 2004, the Chicago instructions for orders that otherwise The Commission finds that the Stock Exchange, Inc. (‘‘CHX’’) filed with would require further manual proposed rule change is consistent with the Securities and Exchange intervention of a CHX specialist. The the requirements of the Act and the Commission (‘‘Commission’’), pursuant Exchange believes that eliminating the rules and regulations thereunder that to Section 19(b)(1) of the Securities 100-share minimum automatic are applicable to a national securities Exchange Act of 1934 (‘‘Act’’)1 and Rule execution threshold will grant exchange.4 Specifically, the 19b–4 thereunder,2 a proposed rule specialists the option to handle more Commission finds that the proposal is change relating to co-specialist orders in this manner if they choose. consistent with the requirements of assignments and evaluations. On May Section 6(b) of the Act,5 in general, and The Commission believes that the rule 12, 2004, CHX submitted Amendment Section 6(b)(5) of the Act,6 in particular, requiring specialists to guarantee No. 1 to the proposal.3 which requires that the rule of the automatic executions at the NBBO was The proposed rule change, as Exchange be designed to promote just one the CHX imposed on it specialists amended, was published for notice and and equitable principles of trade, to voluntarily in order to make its market comment in the Federal Register on remove impediments and to perfect the more attractive to sources of order flow. May 24, 2004.4 The Commission mechanism of a free and open market The Commission believes that the received no comment letters on the and a national market system, and, in business decision to potentially forego proposal. general, to protect investors and the order flow by no longer requiring The Commission finds that the public interest. specialist to provide such automatic proposed rule change is consistent with The Exchange has represented that executions is a judgment the Act allows the requirements of the Act and the under its current rules, a CHX specialist the CHX to make. The Commission rules and regulations thereunder is required to permit its MAX system to notes, however, that specialists are applicable to a national securities automatically execute an unlimited required to handle all orders in exchange 5 and, in particular, the number of orders for 100 shares or less accordance with their best execution requirements of Section 6(b)(5) of the at the then-prevailing national best bid obligations and the Commission Quote Act.6 Section 6(b)(5) requires, among or offer (‘‘NBBO’’), until the Rule 7 regardless of whether such orders other things, that the rules of the consolidated quotation stream reflects a are executed manually or automatically. exchange be designed to promote just change in the NBBO price. The CHX Finally, the Commission believes it is and equitable principles of trade, to believes that this requirement imposes appropriate to delete the current CHX remove impediments to and perfect the virtually unlimited liability on its rule governing the procedures by which mechanism of a free and open market specialists to fill orders at the NBBO specialists are to obtain permission to and a national market system, and, in regardless of the aggregate number switch from automatic execution mode general, to protect investors and the shares actually available at the NBBO. to manual execution mode because the public interest. The Exchange believes that this is an elimination of the 100-share minimum The Commission notes that the unintended and unwarranted automatic execution threshold proposed rule change, among other consequence of automatic execution effectively permits CHX specialists to things, seeks to modify the co-specialist guarantees such as the Exchange’s switch to manual execution mode at any assignment and evaluation processes to current rule and that by eliminating the time. shift the emphasis from evaluation 100-share minimum automatic questionnaire responses to execution execution threshold, specialists will It is therefore ordered, pursuant to 8 quality data results (specifically, data on have the option to act as agent for an Section 19(b)(2) of the Act, that the effective spread and speed of order or manually execute the order, proposed rule change (File No. SR– rather than have an order execute CHX–2004–02) be, and hereby is, 1 15 U.S.C. 78s(b)(1). against him automatically at the NBBO. approved. 2 17 CFR 240.19b–4. Thus, the Commission believes that For the Commission, by the Division of 3 See letter from Ellen J. Nelly, Senior Vice eliminating the 100-share minimum Market Regulation, pursuant to delegated President and General Counsel, CHX, to Nancy J. Sanow, Assistant Director, Division of Market 9 authority. Regulation, Commission, dated May 11, 2004 1 15 U.S.C. 78s(b)(1). Margaret H. McFarland, (‘‘Amendment No. 1’’). Amendment No. 1 2 17 CFR 240.19b–4. superseded and replaced the original rule filing in 3 See Securities Exchange Act Release No. 49793 Deputy Secretary. its entirety. (June 2, 2004), 69 FR 32645. [FR Doc. 04–16557 Filed 7–20–04; 8:45 am] 4 See Securities Exchange Act Release No. 49721 4 In approving the proposal, the Commission has BILLING CODE 8010–01–P (May 18, 2004), 69 FR 29592. considered the rule’s impact on efficiency, 5 In approving this proposed rule change, the competition, and capital formation. See 15 U.S.C. Commission notes that it has considered the 78c(f). 7 17 CFR 240.11Ac1–1. proposed rule’s impact on efficiency, competition, 5 15 U.S.C. 78f(b). 8 15 U.S.C. 78s(b)(2). and capital formation. 15 U.S.C. 78c(f). 6 15 U.S.C. 78f(b)(5). 9 17 CFR 200.30–3(a)(12). 6 15 U.S.C. 78f(b)(5).

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execution). Currently, execution quality Committee under Rule 4, Article XVII of ‘‘Special Trades’’ which NSCC members data is not a factor for consideration the CHX rules. then have to manually enter into DTC as during either the co-specialist The Commission also notes that the ‘‘Valued Delivery Orders’’ (‘‘VDOs’’).3 In assignment or evaluation processes. proposed rule change strives to connection with NSCC’s project to Instead such processes rely on the streamline the co-specialist update and revise its Continuous Net results of the co-specialist questionnaire by reducing the range of Settlement (‘‘CNS’’) system (‘‘CNS questionnaire, with substantial weight rating scores and eliciting further Rewrite’’), NSCC requested DTC to given to the questionnaire in the responses for negative performance establish an interface to automate and assignment process. Under the proposed ratings. The Commission believes this facilitate the processing and book-entry rule change, the co-specialist change should make the questionnaires settlement of Balance Orders and questionnaire, while still a factor in the easier for brokers to complete and the Special Trades.4 assignment process, would not be given responses to the questionnaires more DTC and NSCC currently have an substantial weight in the assignment useful to the CSAE. Therefore, the automated VDO municipal bond process and would no longer be a factor Commission finds that the proposed interface known as the PDQ Automated in the evaluation process. Order rule change is consistent with the Act. Municipal Bond Settlement Facility execution quality data would be It is Therefore Ordered, pursuant to (‘‘PDQ Facility’’). Pursuant to the PDQ introduced as a factor in both the co- Section 19(b)(2) of the Act,8 that the Facility, NSCC members and NSCC specialist assignment and evaluation proposed rule change (SR–CHX–2004– municipal comparison only members processes and would be given 10), as amended by Amendment No. 1, (‘‘MCOMs’’) that are also DTC substantial weight in the assignment be, and hereby is, approved. participants (‘‘common participants’’) or that clear through DTC participants may process. The Commission believes that For the Commission, by the Division of this change should help improve the Market Regulation, pursuant to delegated authorize NSCC to send to DTC their quality of co-specialists serving on the authority.9 compared municipal bond transaction data in an automated file and may CHX because it would require the CHX’s Margaret H. McFarland, Committee on Specialist Assignment authorize DTC to accept and input such Deputy Secretary. data as VDOs. and Evaluation (‘‘CSAE’’) to make [FR Doc. 04–16558 Filed 7–20–04; 8:45 am] assignment and reallocation decisions As a result of requests from common BILLING CODE 8010–01–P based on objective, quantifiable participants and based upon DTC’s and performance criteria, rather than relying NSCC’s positive experience with the PDQ Facility, DTC and NSCC will on the more subjective co-specialist SECURITIES AND EXCHANGE questionnaire answers. expand the PDQ Facility to include all COMMISSION NSCC Balance Orders and Special The proposed rule change also Trades. The VDO Interface will establishes a new process for evaluating [Release No. 34–50025; File No. SR–DTC– 2004–04] automatically convey from NSCC to co-specialists. Under this proposed DTC VDO instructions for each common evaluation process, on a quarterly basis, Self-Regulatory Organizations; The participant’s Balance Orders and each co-specialist would be given an Depository Trust Company; Order Special Trades pursuant to standing order execution quality score (derived Granting Approval of a Proposed Rule instructions given to NSCC by the from the execution quality data reported Change To Establish a Valued Delivery common participant. For NSCC MCOMs pursuant to Rule 11Ac1–5 under the Order Interface With the National that are not common participants, NSCC 7 Act ) and those co-specialists whose Securities Clearing Corporation will create delivery versus payment scores rank in the bottom 5% of all co- VDO instructions for a MCOM’s Special specialist scores would be required to July 15, 2004. Trades if both the MCOM and its DTC participate in a special performance I. Introduction clearing broker have each provided meeting with the CSAE. In the course of standing instructions to process such On May 3, 2004, The Depository Trust the special performance meeting, the trades through the VDO Interface. The Company (‘‘DTC’’) filed with the CSAE would be permitted to take a VDO Interface will incorporate the PDQ Securities and Exchange Commission variety of informal actions to encourage Facility’s functionality and will replace (‘‘Commission’’) proposed rule change or assist the affected co-specialist. A the PDQ Facility.5 DTC intends to File No. SR–DTC–2004–04 pursuant to special performance meeting could also implement the proposed rule change in Section 19(b)(1) of the Securities be triggered by any of the factors conjunction with the implementation of Exchange Act of 1934 (‘‘Act’’).1 Notice considered in the assignment process NSCC’s CNS Rewrite on or about August of the proposed rule change was (except the co-specialist questionnaire). 6, 2004.6 If the informal actions from the special published in the Federal Register on June 2, 2004.2 No comment letters were performance meeting do not result in 3 The terms Balance Order Securities and Special improved co-specialist performance, the received. For the reasons discussed Trades are defined in Rule 1 of NSCC’s Rules and CSAE may conduct a formal hearing on below, the Commission is now granting Procedures. The term Valued Delivery Order refers approval of the proposed rule change. to an order to deliver securities where delivery is the co-specialist’s performance to to be made for payment as opposed to a Free determine whether to take action to II. Description Delivery which refers to an order to deliver reallocate the co-specialist’s securities securities free of any payment by the receiver. or suspend or terminate the co- The National Securities Clearing 4 The Commission recently approved NSCC’s specialist’s registration in accordance Corporation (‘‘NSCC’’) currently creates CNS Rewrite. Securities Exchange Act Release No. 50026 (July 15, 2004) [File No. SR–NSCC–2004–01]. with Rule 3, Article XVII of the CHX receive and deliver instructions for ‘‘Balance Order Securities’’ and for 5 Telephone conversation between Diane L. rules. In this regard, the Commission Brennan, Director of Risk Management, DTC, and notes that a co-specialist may appeal the staff of the Division of Market Regulation, 8 CSAE’s decision by filing a request for 15 U.S.C. 78s(b)(2). Commission (May 21, 2004). Supplemented by 9 17 CFR 200.30–3(a)(12). review with the CHX’s Executive letter from Diane L. Brennan, DTC (May 27, 2004). 1 15 U.S.C. 78s(b)(1). 6 The date for implementation in the Notice has 2 Securities Exchange Act Release No. 34–49777 been adjusted. E-mail from Diane L. Brennan, DTC 7 17 CFR 240.11Ac1–5. (May 26, 2004), 69 FR 31149. (June 23, 2004).

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III. Discussion the proposed rule change as described contract/side (collectively ‘‘Linkage Section 17A(b)(3)(F) of the Act in Items I and II below, which items fees’’). The Exchange represents that requires among other things that the have been substantially prepared by the these are the same fees that all ISE rules of a clearing agency be designed to Exchange. The Commission is Members pay for non-customer promote the prompt and accurate publishing this notice to solicit transactions executed on the Exchange. clearance and settlement of securities comments on the proposed rule change The ISE does not charge for the transactions.7 The Commission finds from interested persons and is execution of Satisfaction Orders sent that DTC’s proposed rule change is approving the proposed rule change on through Linkage and is not proposing to consistent with this requirement an accelerated basis. charge for such orders. because VDO Interface being established I. Self-Regulatory Organization’s In the Permanent Fee Filing, the ISE will promote the prompt and accurate Statement of the Terms of Substance of discusses in detail the reasoning why it clearance and settlement of securities the Proposed Rule Change believes it is appropriate to charge fees transactions by providing greater for P and P/A Orders executed through efficiency in the processing and book- The ISE is proposing to extend until Linkage. In sum, the ISE argues that entry settlement of Balance Orders and July 31, 2005 the current pilot program market makers on competing exchanges Special Trades by providing greater regarding transaction fees charged for can match a better price on the ISE; they functionality and by allowing members trades executed through the intermarket are never obligated to send orders to the to focus less attention on exception options linkage (‘‘Linkage’’). Currently ISE through Linkage. However, if such processing. pending before the Commission is a market makers do seek the ISE’s filing to make such fees permanent.3 liquidity, whether through conventional IV. Conclusion The proposed fee schedule is orders or through the use of P or P/A On the basis of the foregoing, the available at the Exchange and at the Orders, the Exchange believes it is Commission finds that the proposed Commission. appropriate to charge ISE Members the rule change is consistent with the II. Self-Regulatory Organization’s same fees levied on other non-customer requirements of the Act and in Statement of the Purpose of, and orders. The ISE appreciates that there particular Section 17A of the Act and Statutory Basis for, the Proposed Rule has been limited experience with the rules and regulations thereunder. Change Linkage and that the Commission is It is therefore ordered, pursuant to continuing to study Linkage in general 8 In its filing with the Commission, the Section 19(b)(2) of the Act, that the and the effect of fees on trades executed ISE included statements concerning the proposed rule change (File No. SR– through Linkage. Thus, this filing would purpose of, and basis for, the proposed DTC–2004–04) be and hereby is extend the status quo for ISE’s Linkage rule change and discussed any approved. fees for one year while the Commission comments it received on the proposed For the Commission by the Division of considers the Permanent Fee Filing. Market Regulation, pursuant to delegated rule change. The text of these statements authority.9 may be examined at the places specified 2. Statutory Basis in Item III below. The Exchange has Margaret H. McFarland, The ISE believes that the basis for this prepared summaries, set forth in Deputy Secretary. proposed rule change is the requirement Sections A, B, and C below, of the most [FR Doc. 04–16562 Filed 7–20–04; 8:45 am] under Section 6(b)(4) of the Act 5 that an significant aspects of such statements. BILLING CODE 8010–01–P exchange provide for the equitable A. Self-Regulatory Organization’s allocation of reasonable dues, fees and Statement of the Purpose of, and other charges among its members and SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule other persons using its facilities. As COMMISSION Change discussed in more detail above, the ISE believes that this proposed rule change [Release No. 34–50010; File No. SR–ISE– 1. Purpose 2004–25] will equitably allocate fees by having all The purpose of this proposed rule non-customer users of ISE transaction Self-Regulatory Organizations; Notice change is to extend for one year the services pay the same fees. If the ISE of Filing and Order Granting pilot program establishing ISE fees for were not to charge Linkage fees, the ISE Accelerated Approval of Proposed Principal (‘‘P’’) Orders and Principal believes that the Exchange’s fee would Rule Change by the International Acting as Agent (‘‘P/A’’) Orders not be equitable, in that ISE Members Securities Exchange, Inc., Relating to executed through Linkage. The fees would be subsidizing the trading of the Extension of the Linkage Fee Pilot currently are effective for a pilot their competitors, all of whom access Program program scheduled to expire on July 31, the same trading services. 2004,4 and this filing would extend the July 13, 2004. fees through July 31, 2005. The three B. Self-Regulatory Organization’s Pursuant to Section 19(b)(1) of the fees the ISE charges for P and P/A Statement on Burden on Competition Securities Exchange Act of 1934 orders are: the basic execution fees for 1 2 The Exchange does not believe that (‘‘Act’’), and Rule 19b–4 thereunder, trading on the ISE, which range from the proposed rule change imposes any notice is hereby given that on July 1, $.12 to $.21 per contract/side depending burden on competition that is not 2004, the International Securities on average daily trading volume on the necessary or appropriate in furtherance Exchange, Inc. (the ‘‘Exchange’’ or the Exchange; a $.10 surcharge per contract/ of the purposes of the Act. Moreover, ‘‘ISE’’) filed with the Securities and side for trading certain licensed the ISE believes that failing to adopt the Exchange Commission (‘‘Commission’’) products; and a $.03 comparison fee proposed rule change would impose a burden on competition by requiring ISE 7 15 U.S.C. 78q–1(b)(3)(F). 3 See File No. SR–ISE–2003–30 (the ‘‘Permanent Members to subsidize the trading of 8 15 U.S.C. 78s(b)(2). Fee Filing’’). 9 their competitors. 17 CFR 200.30–3(a)(12). 4 See Securities Exchange Act Release No. 49009 1 15 U.S.C. 78s(b)(1). (December 30, 2003), 69 FR 714 (January 6, 2004) 2 17 CFR 240.19b–4. (SR–ISE–2003–39). 5 15 U.S.C. 78f(b)(4).

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C. Self-Regulatory Organization’s should refer to File Number SR-ISE– SECURITIES AND EXCHANGE Statement on Comments on the 2004–25 and should be submitted on or COMMISSION Proposed Rule Change Received from before August 11, 2004. Members, Participants or Others [Release No. 34–50026; File No. SR–NSCC– IV. Commission’s Findings and Order 2004–01] The Exchange has not solicited, and Granting Accelerated Approval of Self-Regulatory Organizations; does not intend to solicit, comments on Proposed Rule Change this proposed rule change. The National Securities Clearing Exchange has not received any After careful consideration, the Corporation; Order Granting Approval unsolicited written comments from Commission finds that the proposed of a Proposed Rule Change To Modify members or other interested parties. rule change is consistent with the the National Securities Clearing Corporation’s Continuous Net III. Solicitation of Comments requirements of the Act and the rules and regulations thereunder, applicable Settlement System Interested persons are invited to to a national securities exchange,6 and, submit written data, views, and July 15, 2004. arguments concerning the foregoing, in particular, with the requirements of 7 I. Introduction including whether the proposed rule Section 6(b) of the Act and the rules change is consistent with the Act. and regulations thereunder. The On February 23, 2004, the National Comments may be submitted by any of Commission finds that the proposed Securities Clearing Corporation the following methods: rule change is consistent with Section (‘‘NSCC’’) filed with the Securities and 6(b)(4) of the Act,8 which requires that Exchange Commission (‘‘Commission’’) Electronic comments the rules of the Exchange provide for the and on March 26, 2004, amended • Use the Commission’s Internet equitable allocation or reasonable dues, proposed rule change File No. SR– comment form (http://www.sec.gov/ fees and other charges among its NSCC–2004–01 pursuant to Section rules/sro.shtml); or members and other persons using its 19(b)(1) of the Securities Exchange Act • Send an e-mail to rule- facilities. The Commission believes that of 1934 (‘‘Act’’).1 Notice of the proposed [email protected]. Please include File the extension of the Linkage fee pilot rule change was published in the Number SR–ISE–2004–25 on the subject until July 31, 2005 will give the Federal Register on May 24, 2004.2 No line. Exchange and the Commission further comment letters were received. For the reasons discussed below, the Paper comments opportunity to evaluate whether such fees are appropriate. Commission is now granting approval of • Send paper comments in triplicate the proposed rule change. to Jonathan G. Katz, Secretary, The Commission finds good cause, Securities and Exchange Commission, pursuant to Section 19(b)(2) of the Act,9 II. Description 450 Fifth Street, NW., Washington, DC for approving the proposed rule change As part of the securities industry’s 20549–0609. prior to the thirtieth day after the date straight-through processing (‘‘STP’’) All submissions should refer to File of publication of the notice of the filing initiative, NSCC has been engaged in a Number SR–ISE–2004–25. This file thereof in the Federal Register. The project to update and revise its number should be included on the Commission believes that granting Continuous Net Settlement (‘‘CNS’’) subject line if e-mail is used. To help the accelerated approval will preserve the system (‘‘CNS Rewrite’’). The major Commission process and review your Exchange’s existing pilot program for aspects of the CNS Rewrite include a comments more efficiently, please use Linkage fees without interruption as the completely new platform on which the only one method. The Commission will ISE and the Commission further CNS system will run that will post all comments on the Commission’s consider the appropriateness of Linkage accommodate real-time updates to the Internet Web site (http://www.sec.gov/ fees. system, will improve access to CNS and rules/sro.shtml). Copies of the depository information for members, submission, all subsequent V. Conclusion and will provide the capability to add amendments, all written statements trades to the settlement process on a with respect to the proposed rule It is Therefore Ordered, pursuant to Section 19(b)(2) of the Act 10 that the real-time basis until 11:30 a.m. on change that are filed with the settlement day. proposed rule change (SR–ISE–2004–25) Commission, and all written The new CNS system, with a targeted is hereby approved on an accelerated communications relating to the implementation date of August 2004, proposed rule change between the basis for a pilot period to expire on July will be able to take in trades until 11:30 Commission and any person, other than 31, 2005. a.m. on settlement day and to net and those that may be withheld from the For the Commission, by the Division of settle them that day.3 To support this, public in accordance with the Market Regulation, pursuant to delegated NSCC has developed new Supplemental provisions of 5 U.S.C. 552, will be authority.11 Consolidated Trade Summaries that will available for inspection and copying in Margaret H. McFarland, report trades settling on settlement date. the Commission’s Public Reference Deputy Secretary. Section, 450 Fifth Street, NW., 1 15 U.S.C. 78s(b)(1). [FR Doc. 04–16556 Filed 7–20–04; 8:45 am] Washington, DC 20549. Copies of such 2 Securities Exchange Act Release No. 49717 (May filing also will be available for BILLING CODE 8010–01–P 17, 2004), 69 FR 29605. inspection and copying at the principal 3 At the current time, trades in debt securities 6 In approving this rule, the Commission notes compared or recorded through NSCC’s Real-Time offices of the ISE. All comments Trade Matching (‘‘RTTM’’) system will not utilize received will be posted without change; that it has considered its impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). this same day settling capability. Instead, as-of trades in such securities compared or recorded the Commission does not edit personal 7 15 U.S.C. 78f(b). through RTTM after its cutoff time on T+2 will not identifying information from 8 15 U.S.C. 78f(b)(4). settle in the normal settlement cycle but will be submissions. You should submit only 9 15 U.S.C. 78s(b)(2). assigned a new settlement date which will be the information that you wish to make 10 Id. settlement day following the day the trade is available publicly. All submissions 11 17 CFR 200.30–3(a)(12). compared or recorded by NSCC.

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CNS will produce the Supplemental Other new features that will be (1) Rule 11, ‘‘CNS System,’’ is being Consolidated Trade Summary at or implemented include the enhancement amended to reflect the addition of the about 2 a.m. and at or about 1 p.m. on of the CNS Stock Borrow Program to Supplemental Consolidated Trade each settlement date. In addition, so that include acceptance of borrowing Summaries that will be produced on members can update their CNS instructions for the day cycle and the each settlement day. Because of the new positions immediately, CNS will acceptance and real-time application of system’s ability to take in trades, to net provide intraday messages for activity CNS ‘‘Fully Paid For’’ securities them, and to update CNS processing on that occurs after the start of the day instructions. The CNS Stock Borrow a real-time basis on settlement day, Rule cycle as a result of settling trades and Program enhancement is intended to 11 is also being amended to make clear miscellaneous activity going into CNS maximize the use of excess collateral that with respect to trades settling on on settlement date.4 These messages and reduce the number of CNS fails. In that day, a member’s obligation to will be optional to the member because addition to providing instructions for deliver or pay for and receive CNS the same information will also be securities available for borrowing in the securities will be fixed each time the reported in the second Supplemental night cycle, members will now also be member’s net settling position is Consolidated Trade Summary made able to provide CNS with a new file of determined by CNS processing and the available at 1 p.m. and in the Daytime available excess collateral from 5 a.m. net settling position is made available Miscellaneous Activity Report issued until 1 p.m. for use in the day cycle. by NSCC. later in the afternoon on each settlement The real-time acceptance of CNS In addition, Section 9 of Rule 11 is date.5 In addition, members will be able ‘‘Fully Paid For’’ instructions is being amended to provide the to view their CNS positions on a real- intended to further facilitate members’ mechanism whereby a member with time basis using the Participant Browser compliance with securities law trades in CNS or Balance Order Service (‘‘PBS’’) developed by The requirements concerning possession or securities designated as ‘‘Special Depository Trust Company (‘‘DTC’’). control of customer securities. At the Trades’’ (which must be settled on a The CNS Cash Reconciliation Statement current time, a member that delivers member-to-member basis) may issue will be updated on a real-time basis and securities in its possession or control in NSCC standing instructions to provide will be available on PBS after night anticipation of receiving securities from automated DO instructions to DTC.11 cycle processing. CNS as a result of allocations during the Any such instructions will cover all of Another new STP feature available in night cycle may instruct NSCC to move the delivering member’s balance orders the new CNS system will be the ability the open CNS long position from its and Special Trades. to create automated Deliver Orders CNS A (long valued) Account to its (2) Rule 44, ‘‘Deliveries Pursuant to (‘‘DOs’’) for non-CNS, depository Fully-Paid-For E Subaccount to meet its Balance Orders,’’ is being amended to eligible securities.6 Today, NSCC creates customer possession or control provide the mechanism whereby a receive and deliver instructions, or requirements. NSCC makes such delivering member can issue standing balance orders, for non-CNS depository movements at the end of the processing instructions to NSCC to provide eligible securities. Its members then day and concurrently debits the automated delivery instructions to DTC. have to enter the balance orders as DOs member’s settlement account for the Any such instructions will cover all of at DTC. To automate and streamline the value of the position in the E the delivering member’s balance orders 12 processing of trades in non-CNS, subaccount. NSCC then segregates the and Special Trades. depository eligible issues, at the request funds received as a result of such debit (3) Procedures II, ‘‘Trade Comparison of the member with the delivery so that it constitutes a control location Service,’’ and III, ‘‘Trade Recording obligation, NSCC will create delivery within the meaning of Securities Service (Interface Clearing Procedures),’’ versus payment DOs that will Exchange Act Rule 15c3–3.9 are being amended to make conforming automatically be transmitted to DTC for The proposed CNS changes modify changes to account for same day settling processing.7 This is an optional feature this procedure to (a) expand the trades by indicating that the cutoff times that can be activated by the delivery of capability of a member to utilize the for trade comparison and recording of standing instructions to NSCC that will Fully-Paid-For E Subaccount in as-of trades to settle on their originally cover all of the deliverer’s balance anticipation of CNS allocations in the designated settlement schedules will orders and special trades.8 day cycle as well as in the night cycle now be the cutoff time set on T+3 and (b) permit fully-paid instructions to (instead of T+2). T+3 and older as-of trades received thereafter will be 4 In general, the day cycle currently begins at be received and applied on a real-time approximately 7 a.m. and ends at 3:10 p.m., and the basis during the day cycle up through assigned a new settlement date, which 13 night cycle begins at approximately 7 p.m. and ends 2:45 p.m. By accepting such instructions will be the following settlement day. at 12 a.m. on a real-time basis, any securities 5 The Daytime Miscellaneous Activity Report will 11 A technical change is also being made to this also include corporate actions, stock borrows, and received into a member’s Fully-Paid-For section to delete the reference to such trades having any other miscellaneous activity received in CNS E subaccount can automatically be the status of ‘‘security balance orders.’’ This after the start of the day cycle. updated to the member’s memo seg deletion should have been made at the same time 6 Transactions in securities that are not eligible position at DTC on an intraday basis at Rule 18 was amended in 2000 to clarify that Special for CNS are processed through NSCC’s Balance Trades are to be settled directly between the Order Accounting Operation. Such securities are the member’s election through standing members. Securities Exchange Act Release No. 10 referred to as ‘‘Balance Order Securities.’’ instructions. 42747 (May 2, 2000), 65 FR 30170 [File No. SR– 7 The Commission recently approved DTC’s The following is a summary of NSCC NSCC–98–14]. establishing an interface to accommodate this rules that have to be changed to 12 Once this functionality is implemented, NSCC transmission. Securities Exchange Act Release No. implement the modifications to the CNS will no longer provide the PDQ Automated 50025 (July 15, 2004) [File No. SR–DTC–2004–04]. Municipal Bond Settlement Facility. This service 8 All such DOs will be subject to DTC’s applicable system: currently provides for automated DTC delivery DO fees. The DO standing instructions will cover instructions for compared municipal bond all of the member’s NSCC balance orders and 9 17 CFR 240.15c3–3. transactions. special trades. The delivering member can use 10 For a description of DTC’s memo seg service, 13 At this time, no corresponding change is being DTC’s Inventory Management System if it wishes to refer to Securities Exchange Act Release No. 26250 made to Procedure II.D. because both the Fixed control the timing and flow of any particular (November 3, 1988), 53 FR 45638 [File No. SR– Income Transaction System (‘‘FITS’’) and its balance order transaction. DTC–88–16]. Continued

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(4) Procedure V, ‘‘Balance Order The daytime stock borrow process (1) It defines the terms ‘‘Settlement Accounting Operation,’’ is being will be separate from the nighttime Date’’ 15 and ‘‘settlement day’’ 16 which amended to reflect that security balance stock borrow process. Securities that are used throughout NSCC’s Rules & orders will be shown on the members make available for the Procedures and makes clear that the Consolidated Trade Summary and nighttime process will not be applied in Consolidated Trade Summary is issued Supplemental Consolidated Trade the daytime process. Members will have on each day that is a settlement day. Summaries issued on each settlement the option to participate in the (2) It revises Procedure I, day. An indicator will be added to these nighttime stock borrow program, the ‘‘Introduction,’’ to delete references to reports to reflect any standing daytime stock borrow program, or in SIAC as NSCC’s facilities manager and instructions given by the member for the both programs. The changes also reflect to codify NSCC’s longstanding issuance of DOs for balance orders and the member’s ability to be advised of established practice of setting data Special Trades. any borrows through intraday messages submission thresholds to minimize data (5) Procedure VII, ‘‘CNS Accounting so that members have the ability to transmission errors and data field Operation,’’ is being amended to reflect make movements into their Fully-Paid- requirements. (a) NSCC’s ability to accept through For Accounts as needed. (3) It changes the heading of 11:30 a.m. and process on a real-time (7) Addendum G, ‘‘Fully-Paid-For Procedure II, ‘‘Trade Comparison basis on settlement date trades settling Account,’’ is being amended to reflect Service,’’ to ‘‘Trade Comparison and on that day, (b) the issuance of the two that this application will be available to Recording Service’’ to reflect that this Supplemental Consolidated Trade members on a real-time basis during the procedure covers trade recording as well Summaries on each settlement day, (c) day cycle on each settlement day in as trade comparison. the updated reports and methods of order to facilitate members’ compliance NSCC intends to implement changes reporting information (including with their securities possession or to the CNS system on or about August through real-time message updates, the control requirements. 6, 2004. At that time, all CNS Rewrite web-based PBS screens which report At this time a clarification is also functionality will be implemented updated CNS positions on a real-time being made to Rule 12, ‘‘Settlement,’’ except for processing same day settling basis, and additional Miscellaneous consistent with NSCC’s collection and trades and the two Supplemental Activity Reports), and (d) certain segregation of amounts debited in Consolidated Trade Summaries that conforming changes to properly reflect connection with positions in the Fully- support same-day trade settlement. current processing. Paid-For E subaccount. It has always NSCC intends to begin processing same In addition, the Fully-Paid-For been understood that the movement into day settling trades and the supporting Account procedures included in this subaccount was contingent upon Supplemental Consolidated Trade Procedure VII, ‘‘CNS Accounting the member’s due payment of the funds Summaries on or about August 19, Operation,’’ are being amended to debited with respect to the value of that 2004.17 reflect the extension of this program to position. It is the collection and III. Discussion the day cycle allocation process, the segregation of such funds that permits real-time acceptance of instructions NSCC to guarantee the position ‘‘free of Section 17A(b)(3)(F) of the Act through the day cycle, and the real-time payment’’ and thus constitute a valid requires among other things that the application of such instructions. Also ‘‘control location.’’ Thus, Rule 12 is rules of a clearing agency be designed to the Note accompanying Procedure being amended to make clear that any promote the prompt and accurate VII.E.5. is being modified because the movement of a long valued position to clearance and settlement of securities portion relating to stock loan recalls is the Fully-Paid-For E subaccount will transactions.18 The Commission finds no longer applicable.14 not become final until the member that NSCC’s proposed rule change is (6) Addendum C, ‘‘NSCC Automated satisfies its end-of-day money consistent with this requirement Stock Borrow Procedures,’’ is being settlement obligation. because the changes being made to the amended to reflect the extension of this (8) Addendum K, ‘‘Interpretation of NSCC’s CNS system will promote the service to the daytime processing cycle the Board of Directors—Application of prompt and accurate clearance and and to provide the mechanism whereby Clearing Fund,’’ is being amended to settlement of securities transactions by members can loan their available reflect that with respect to trades providing greater functionality and securities to NSCC during the morning received by NSCC after commencement capacity and by allowing members to of settlement day. These securities will of the nighttime processing cycle and focus less attention on exception be used for any shortfalls that the CNS prior to 11:30 a.m. on each settlement processing. system has in the day cycle. day, NSCC’s trade guaranty will attach IV. Conclusion to such trades as of the completion of successor, RTTM, do not have same day settling the trade comparison process or the On the basis of the foregoing, the trade capability. They will continue to maintain trade recording process for such trades. Commission finds that the proposed their current T+2 cutoff times so that trades rule change is consistent with the received for comparison or recording by FITS or (9) Consistent with NSCC’s extension RTTM after T+2 will be assigned a new settlement of its trade guaranty to same day settling requirements of the Act and in date, which will be the settlement day following the trades, Rule 15, ‘‘Financial particular Section 17A of the Act and date the trade is compared or recorded. A the rules and regulations thereunder. subsequent rule filing will be made to make any Responsibility and Operational necessary conforming changes at such time as the Capability,’’ is being amended to make RTTM system is modified to accept and process clear that additional clearing fund 15 ‘‘Settlement Date’’ is defined as the date specified for a transaction to settle. same day settling trades. payments that may be assessed on 14 The portion of the Note relating to stock loan 16 ‘‘Settlement day’’ is defined as any business recalls was made inapplicable pursuant to a no- members may also include charges day on which settlement may be made through action letter to Robert J. Woldow, Senior Vice relative to such same day settling trades. NSCC’s facilities. President and General Counsel, NSCC, from In addition, the rule change makes a 17 The dates for implementation in the Notice Michael Macchiaroli, Assistant Director, Division of have been adjusted. E-mails from Merrie Witkin, Market Regulation, Securities and Exchange number of technical corrections, NSCC (June 10, 2004 and June 14, 2004). Commission (June 28, 1985). including the following: 18 15 U.S.C. 78q–1(b)(3)(F).

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It is therefore ordered, pursuant to Rule 132B Order Tracking Requirements with respect to orders in any security 19 Section 19(b)(2) of the Act, that the 1. With respect to any security listed listed on the Exchange received or proposed rule change (File No. SR– on the New York Stock Exchange except originated by a member or member NSCC–2004–01) be and hereby is bonds, each member and member organization. It requires a member or approved. organization shall: member organization to immediately record data elements as detailed in the For the Commission by the Division of * * * * * Rule. If an order is transmitted to Market Regulation, pursuant to delegated (Remainder of rule unchanged.) authority.20 another member or member Margaret H. McFarland, II. Self-Regulatory Organization’s organization, is transmitted to another Statement of the Purpose of, and Deputy Secretary. department of the same member, or is Statutory Basis for, the Proposed Rule modified or cancelled, information [FR Doc. 04–16561 Filed 7–20–04; 8:45 am] Change detailed in the Rule must be recorded. BILLING CODE 8010–01–P In its filing with the Commission, the Additionally, the recipient of the order NYSE included statements concerning must record the order details as SECURITIES AND EXCHANGE the purpose of and basis for the provided in the Rule. Orders submitted to the Floor via an COMMISSION proposed rule change and discussed any comments it received on the proposed exchange or proprietary system that rule change. The text of these statements comply with existing NYSE Rule [Release No. 34–50021; File No. SR–NYSE– 123(e) 5 (requiring the electronic capture 2004–38] may be examined at the places specified in Item III below. The Exchange has of orders on the floor via NYSE’s Front End Systemic Capture Program) are Self-Regulatory Organizations; Notice prepared summaries, set forth in exempt from recording the order details of Filing and Order Granting Sections A, B, and C below, of the most from the point at which the order Accelerated Approval of Proposed significant aspects of such statements. arrives on the Floor. The transmitting Rule Change and Amendment No. 1 A. Self-Regulatory Organization’s and receiving floor members, however, Thereto by the New York Stock Statement of the Purpose of, and are required to record the unique Order Exchange, Inc. Exempting Bonds from Statutory Basis for, the Proposed Rule ID, the transmitting firm, and the the Order Tracking System Change recipient firm. Requirements (NYSE Rule 132B) 1. Purpose Rule 132C. Members and member July 14, 2004. organizations must record and retain the Background. NYSE Rules 132A, B and order details as required by the Rule, Pursuant to section 19(b)(1) of the C 4 (‘‘OTS rules’’) require that members and upon Exchange request, submit Securities Exchange Act of 1934 and member organizations record such details to the Exchange. The (‘‘Act’’),1 and Rule 19b–4 thereunder,2 details of every customer and Exchange makes requests for order notice is hereby given that on July 7, proprietary order in any security listed tracking information on an as-needed 2004, the New York Stock Exchange, on the Exchange from the time of receipt basis in order for the Exchange to carry Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with or origination through the time of out its surveillance and regulatory the Securities and Exchange execution or cancellation. The purpose functions. Members and member Commission (‘‘Commission’’) the of these requirements is to provide a organizations are required to submit the proposed rule change as described in complete audit trail for orders in data in an automated format. Items I and II below, which Items have Exchange-listed securities. Thereby, the Proposed Exemption for Listed Bonds. been prepared by the Exchange. On July Exchange is able to provide an accurate, The Exchange proposes to exempt listed 13, 2004, the NYSE amended the time-sequenced record of orders, bonds from the requirements of the OTS proposed rule change.3 The Commission quotations and transactions beginning rules. As adopted, the OTS rules apply is publishing this notice to solicit with the receipt of an order by any to any security 6 listed on the Exchange, comments on the proposed rule change, NYSE member firm and further which includes bonds. However, at the as amended, from interested persons documenting the life of the order time the OTS rules proposal was and to grant accelerated approval of the through the process of execution or promulgated, the Exchange was proposed rule change, as amended. cancellation of that order. focusing its attention on the application Rule 132A. NYSE Rule 132A requires of the OTS rules to equity securities. I. Self-Regulatory Organization’s members and member organizations to The Exchange believes there are several Statement of the Terms of Substance of synchronize the business clocks used to reasons why the exclusion of bonds the Proposed Rule Change record the date and time of any event from the OTS rules would not be against This proposal is to amend NYSE Rule that the Exchange requires to be the public interest and would not 132B to eliminate the requirement to recorded. The Exchange requires the diminish the protection of investors. capture order information for listed date and time of orders in Exchange- These are explained below. bonds. The text of the proposed rule listed securities to be recorded. The Cost and Effectiveness. The Exchange change is below. Proposed new Rule also requires members and member represents that its member organizations language is italicized. organizations to maintain the would have to make extensive changes synchronization of this equipment in 5 NYSE Rule 123, Record of Orders, requires that 19 conformity with procedures prescribed 15 U.S.C. 78s(b)(2). all orders in any security traded on the Exchange 20 17 CFR 200.30–3(a)(12). by the Exchange. Rule 132B. NYSE Rule 132B be entered into a database before they can be 1 15 U.S.C. 78s(b)(1). represented in the Exchange’s auction market. 2 17 CFR 240.19b–4. prescribes requirements and procedures 6 NYSE Rule 3 defines the terms ‘‘security’’ and 3 See letter from Darla C. Stuckey, Corporate ‘‘securities’’ as having the meaning given those Secretary, NYSE, to Nancy J. Sanow, Assistant 4 See Securities Exchange Act Release No. 47689 terms in the Act and the General Rules and Director, Commission, dated July 13, 2004 (April 17, 2003), 68 FR 20200 (April 24, 2003) (SR– Regulations thereunder. Section 3(a)(10) of the Act, (‘‘Amendment No. 1’’). Amendment No. 1 revised NYSE–99–51) and NYSE Information Memo 03–26 in turn, defines ‘‘security’’ as any ‘‘note, stock, the proposed rule text. Amendment No. 1 is (June 10, 2003) for further information on NYSE treasury stock, security future, bond, debenture,’’ incorporated into this notice. Rules 132A, B, and C. etc. (emphasis added).

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to their existing systems to capture general, to protect investors and the inspection and copying at the principal order details for listed bonds in an public interest. office of the NYSE. All comments electronic system as required by the received will be posted without change; B. Self-Regulatory Organization’s OTS rules. At this time, the Exchange the Commission does not edit personal Statement on Burden on Competition understands that member organizations identifying information from have not established automated order The Exchange does not believe that submissions. You should submit only tracking mechanisms and protocols for the proposed rule change, as amended, information that you wish to make debt securities trading. The Exchange will impose any burden on competition available publicly. All submissions represents that such changes would be that is not necessary or appropriate in should refer to File Number SR–NYSE– expensive, especially since they would furtherance of the purposes of the Act. 2004–38 and should be submitted on or have to be accomplished in a short time C. Self-Regulatory Organization’s before August 11, 2004. frame. Statement on Comments on the IV. Commission’s Findings and Order In addition, the Exchange believes Proposed Rule Change Received from Granting Accelerated Approval of that the information that would be Members, Participants or Others Proposed Rule Change captured through such systems would The Exchange has neither solicited The Commission finds that the not seem to provide a commensurate nor received written comments on the proposed rule change, as amended, is benefit in terms of increased compliance proposed rule change. consistent with the requirements of the efforts. Trades on the Exchange in listed Act and the rules and regulations bonds are conducted through the III. Solicitation of Comments thereunder applicable to a national Automated Bond System, which Interested persons are invited to securities exchange.10 The Commission electronically captures order and submit written data, views, and finds that the proposed rule change is execution details of each bond trade, arguments concerning the foregoing, consistent with section 6(b) of the Act 11 providing an audit trail for these trades including whether the proposed rule in general and furthers the objectives of independent of the requirements of the change is consistent with the Act. section 6(b)(5) of the Act 12 in particular OTS rules. Thus, for bond transactions Comments may be submitted by any of in that it is designed to promote just and conducted on the Exchange, the the following methods: equitable principles of trade and to Exchange believes that existing remove impediments to and perfect the procedures provide adequate regulatory Electronic Comments mechanism of a free and open market. information substantially comparable to • Use the Commission’s Internet Specifically, in light of the Exchange’s the requirements of the OTS rules. comment form (http://www.sec.gov/ representations that: (1) Existing In view of the fact that there are a rules/sro.shtml); or • procedures provide regulatory significant number of bonds that are not Send an e-mail to rule- information that is adequate and listed and that the vast majority of [email protected]. Please include File comparable to the information required transactions in bonds are conducted Number SR–NYSE–2004–38 on the by the OTS rules, and (2) Nasdaq’s away from the Exchange, the Exchange subject line. Order Audit Trail System rules, which believes that requiring member Paper Comments serve a similar purpose to the OTS organizations to establish different • rules, do not apply to debt securities,13 systems and procedures for listed bonds Send paper comments in triplicate to Jonathan G. Katz, Secretary, the Commission finds that the proposed and non-listed bonds would be costly 14 Securities and Exchange Commission, rule change is consistent with the Act. and would not provide a significant The Exchange has requested that the 450 Fifth Street, NW., Washington, DC improvement in regulatory capability.7 Commission find good cause pursuant 20549–0609. 15 Given the reasons set forth above, the All submissions should refer to File to Section 19(b)(2) of the Act for Exchange believes that exempting listed Number SR–NYSE–2004–38. This file approving the proposed rule change, as bonds from the OTS rules should not number should be included on the amended, on an accelerated basis prior present any significant regulatory subject line if e-mail is used. To help the to the thirtieth day after its publication issues. Commission process and review your in the Federal Register. The provisions of Rule 132B are scheduled to be 2. Statutory Basis comments more efficiently, please use only one method. The Commission will effective July 16, 2004. The The Exchange believes that the post all comments on the Commission’s Commission’s grant of accelerated proposed rule change, as amended, is Internet Web site (http://www.sec.gov/ approval would help ensure that consistent with section 6(b) of the Act 8 rules/sro.shtml). Copies of the Exchange members are able to comply in general and furthers the objectives of submission, all subsequent with the provisions of Rule 132B when section 6(b)(5) of the Act 9 in particular amendments, all written statements it becomes effective. Further, Exchange in that it is designed to prevent with respect to the proposed rule 10 In approving this proposal, the Commission has fraudulent and manipulative acts and change that are filed with the considered its impact on efficiency, competition, practices, to promote just and equitable Commission, and all written and capital formation. 15 U.S.C. 78c(f). principles of trade, to remove communications relating to the 11 15 U.S.C. 78f(b). impediments to and perfect the proposed rule change between the 12 15 U.S.C. 78f(b)(5). mechanism of a free and open market Commission and any person, other than 13 See note 7 supra. and a national market system and, in those that may be withheld from the 14 The Commission notes, however, that should the trading environment for bonds listed on the public in accordance with the NYSE change such that the Automated Bond 7 The Exchange understands that the rules of the provisions of 5 U.S.C. 552, will be System no longer captures information sufficient to National Association of Securities Dealers available for inspection and copying in create adequate audit trails for bond trades, or such (‘‘NASD’’) regarding Nasdaq’s Order Audit Trail the Commission’s Public Reference that any of the Exchange’s representations above System apply only to equity securities. See NASD under the subheading ‘‘Cost and Effectiveness’’ are Rule 6951(j) (defining ‘‘order’’). Section, 450 Fifth Street, NW, no longer valid, then the Commission’s analysis and 8 15 U.S.C. 78f(b). Washington, DC 20549. Copies of such conclusion may change. 9 15 U.S.C. 78f(b)(5). filing also will be available for 15 15 U.S.C. 78s(b)(2).

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members would not have to expend SOCIAL SECURITY ADMINISTRATION testimony will be heard in person valuable resources to establish Tuesday, August 17, 2004 from 3:30 procedures that comply with the OTS The Ticket to Work and Work p.m. to 4 p.m. and on Thursday, August rules for mandatory electronic capture Incentives Advisory Panel Meeting 19, 2004 from 9 a.m. to 9:30 a.m. of order information in listed bonds. As AGENCY: Social Security Administration Members of the public must schedule a discussed above, the Exchange asserts (SSA). timeslot in order to comment. In the that instituting OTS rules for listed ACTION: Notice of meetings. event that the public comments do not bonds would not provide a significant take up the scheduled time period for improvement in regulatory capability, DATES: August 17, 2004, 9 a.m.–4 p.m.*; public comment, the Panel will use that would be largely duplicative, and would August 18, 2004, 9 a.m.–5 p.m.; August time to deliberate and conduct other be costly to Exchange members. 19, 2004, 9 a.m.–1 p.m. Panel business. Accordingly, the Commission finds *The full deliberative panel meeting Individuals interested in providing good cause for approving the proposed ends at 4:45. The standing committees testimony in person should contact the rule change, as amended, on an of the Panel will meet from 4 p.m. until Panel staff as outlined below to accelerated basis prior to the thirtieth 5:30 p.m. schedule time slots. Each presenter will day after publication of notice in the ADDRESSES: Woodfin Suites Hotel, 5800 be called on by the Chair in the order Federal Register. Shellmound Street, Emeryville, CA in which they are scheduled to testify 94608, Phone: (510) 601–5880. V. Conclusion and is limited to a maximum five- SUPPLEMENTARY INFORMATION: minute verbal presentation. Full written Type of meeting: This is a quarterly It is therefore ordered, pursuant to testimony on TWWIIA Implementation, 16 meeting open to the public. The public section 19(b)(2) of the Act, that the no longer than 5 pages, may be proposed rule change, as amended (SR– is invited to participate by coming to the submitted in person or by mail, fax or NYSE–2004–38), is hereby approved on address listed above. Public comment e-mail on an on-going basis to the Panel an accelerated basis. will be taken during the quarterly meeting. The public is also invited to for consideration. For the Commission, by the Division of submit comments in writing on the Since seating may be limited, persons Market Regulation, pursuant to delegated implementation of the Ticket to Work interested in providing testimony at the authority.17 and Work Incentives Improvement Act meeting should contact the Panel staff Margaret H. McFarland, (TWWIIA) of 1999 at any time. by e-mailing Monique Fisher, at Deputy Secretary. Purpose: In accordance with section [email protected] or calling (202) [FR Doc. 04–16560 Filed 7–20–04; 8:45 am] 10(a)(2) of the Federal Advisory 358–6435. BILLING CODE 8010–01–P Committee Act, the Social Security Administration (SSA) announces a The full agenda for the meeting will meeting of the Ticket to Work and Work be posted on the Internet at http:// Incentives Advisory Panel (the Panel). www.ssa.gov/work/panel at least one SMALL BUSINESS ADMINISTRATION Section 101(f) of Public Law 106–170 week before the meeting or can be establishes the Panel to advise the received in advance electronically or by fax upon request. [Declaration of Disaster #3585; Amdt. #5] President, the Congress, and the Commissioner of SSA on issues related Contact Information: Anyone State of Indiana to work incentives programs, planning, requiring information regarding the and assistance for individuals with Panel should contact the TWWIIA Panel In accordance with a notice received disabilities as provided under section staff. Records are being kept of all Panel from the Department of Homeland 101(f)(2)(A) of the TWWIIA. The Panel proceedings and will be available for Security—Federal Emergency is also to advise the Commissioner on public inspection by appointment at the Management Agency, effective July 14, matters specified in section 101(f)(2)(B) Panel office. Anyone requiring 2004, the above numbered declaration is of that Act, including certain issues information regarding the Panel should related to the Ticket to Work and Self- hereby amended to reopen the incident contact the Panel staff by: period. The incident period for this Sufficiency Program established under • Mail addressed to Social Security declared disaster is now May 25, 2004, section 101(a) of that Act. Administration, Ticket to Work and through and including June 25, 2004. Interested parties are invited to attend the meeting. The Panel will use the Work Incentives Advisory Panel Staff, All other information remains the meeting time to receive briefings, hear 400 Virginia Avenue, SW., Suite 700, same, i.e., the deadline for filing presentations, conduct full Panel Washington, DC 20024. applications for physical damage is deliberations on the implementation of • August 2, 2004, and for economic injury Telephone contact with Monique TWWIIA, and receive public testimony. Fisher at (202) 358–6435. the deadline is March 3, 2005. The Panel will meet in person • Fax at (202) 358–6440. Dated: July 15, 2004. commencing on Tuesday, August 17, • (Catalog of Federal Domestic Assistance 2004 from 9 a.m. to 4 p.m. (standing E-mail to [email protected]. committee meetings from 4 p.m. to 5:30 Program Nos. 59002 and 59008.) Dated: July 14, 2004. p.m.); Wednesday, August 18, 2004 Herbert L. Mitchell, from 9 a.m. to 5 p.m.; and Thursday, Carol Brenner, Associate Administrator for Disaster August 19, 2004 from 9 a.m. to 1 p.m. Designated Federal Officer. Assistance. Agenda: The Panel will hold a [FR Doc. 04–16480 Filed 7–20–04; 8:45 am] [FR Doc. 04–16599 Filed 7–20–04; 8:45 am] quarterly meeting. Briefings, BILLING CODE 4191–02–P BILLING CODE 8025–01–P presentations, full Panel deliberations and other Panel business will be held 16 15 U.S.C. 78s(b)(2). Tuesday, Wednesday and Thursday, 17 17 CFR 200.30–3(a)(12). August 17, 18, and 19, 2004. Public

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DEPARTMENT OF STATE to violate the AECA (see 59 FR 33811, Dated: July 14, 2004. June 30, 1994). Lincoln P. Bloomfield, Jr., [Public Notice 4768] Subsequently, after the companies Assistant Secretary, Bureau of Political- Bureau of Political-Military Affairs; accepted plea agreements in connection Military Affairs, Department of State. Rescission of Statutory Debarment with the criminal charges, the [FR Doc. 04–16588 Filed 7–20–04; 8:45 am] and Reinstatement of Eligibility To Department of State imposed statutory BILLING CODE 4710–25–P Apply for Export/Retransfer debarment against Armscor and Denel Authorizations Pursuant to Section and its divisions effective February 27, 38(g)(4) of the Arms Export Control 1997 (see 62 FR 13932, March 24, 1997). OFFICE OF THE UNITED STATES Act; Armaments Corporation of South TRADE REPRESENTATIVE Africa Ltd. (Armscor) and the Denel A Federal Register notice was Group (Pty) Ltd. (Denel) published on March 4, 1998 (63 FR Andean Trade Preference Act (ATPA), 10671), that rescinded the policy of as Amended: Notice Regarding the AGENCY: Department of State. denial and temporarily suspended the 2003 Annual Review ACTION: Notice. statutory debarment against Armscor AGENCY: and Denel in accordance with section Office of the United States SUMMARY Trade Representative. : Notice is hereby given that 38(g)(4) of the AECA. The temporary the Department of State has fully suspension of the statutory debarment ACTION: Notice. rescinded the statutory debarment was consistent with the Agreement against the Armaments Corporation of SUMMARY: The Office of the United Between the Government of the United South Africa Ltd. (Armscor) and the States Trade Representative (USTR) States of America and the Government Denel Group (Pty) Ltd. (Denel) and its received petitions in September 2003 to of the Republic of South Africa divisions; and any divisions, review certain practices in certain subsidiaries, associated companies, Concerning Cooperation on Defense beneficiary developing countries to affiliated persons, and successor entities Trade Controls (the Agreement). The determine whether such countries are in pursuant to section 38(g)(4) of the Arms Agreement provided that the companies compliance with the ATPA eligibility Export Control Act (AECA) (22 U.S.C. would establish internal compliance criteria. This notice specifies the results 2778) and § 127.11 of the International programs and further required that the of the preliminary review of those Traffic in Arms Regulations (ITAR) (22 companies would make available an petitions. amount of money equivalent to CFR parts 120–130). FOR FURTHER INFORMATION CONTACT: suspended civil fines to the South EFFECTIVE DATE: July 14, 2004. Bennett M. Harman, Deputy Assistant African Government to support the FOR FURTHER INFORMATION CONTACT: U.S. Trade Representative for Latin effective implementation of its national Robert W. Maggi, Managing Director, America, at (202) 395–9446. export control regime. Directorate of Defense Trade Controls, SUPPLEMENTARY INFORMATION: The ATPA Bureau of Political-Military Affairs, Section 38(g)(4) of the AECA permits (19 U.S.C. 3201 et seq.), as renewed and Department of State (202) 663–2700. rescission of debarment after amended by the Andean Trade SUPPLEMENTARY INFORMATION: Section consultation with the Secretary of the Promotion and Drug Eradication Act of 38(g)(4) of the AECA and § 127.7 of the Treasury and after a thorough review of 2002 (ATPDEA) in the Trade Act of ITAR prohibit the issuance of export the circumstances surrounding the 2002 (Pub. L. 107–210), provides trade licenses or other approvals to a person, conviction and a finding that benefits for eligible Andean countries. or any party to the export, who has been appropriate steps have been taken to Pursuant to section 3103(d) of the convicted of violating certain U.S. mitigate any law enforcement concerns. ATPDEA, USTR promulgated criminal statutes enumerated at section After thoroughly reviewing the steps regulations (15 CFR part 2016) (68 FR 38(g)(1)(A) of the AECA and § 120.27 of Armscor and Denel have taken with 43922) regarding the review of the ITAR. The term ‘‘person’’ means a respect to the establishment of internal eligibility of countries for the benefits of natural person as well as a corporation, compliance programs and supporting the ATPA, as amended. business association, partnership, the effective implementation of a In a Federal Register notice dated society, trust, or any other entity, national export regime, the Department August 14, 2003, USTR initiated the organization, or group, including of State has determined that Armscor 2003 ATPA Annual Review and governmental entities. The term ‘‘party and Denel have taken the appropriate announced a deadline of September 15, to the export’’ means the president, the initiatives to address the causes of the 2003 for the filing of petitions (68 FR chief executive officer, and any other violations and to mitigate any law 48657). Several of these petitions senior officers of the license applicant; enforcement concerns. requested the review of certain practices and any consignee or end-user of any in certain beneficiary developing item to be exported. Therefore, in accordance with section countries regarding compliance with the Effective June 8, 1994, the Department 38(g)(4) of the AECA and section 127 of eligibility criteria set forth in sections of State implemented a policy of denial the ITAR, effective July 14, 2004, the 203(c) and (d) and section 204(b)(6)(B) pursuant to sections 38 and 42 of the debarment against Armscor and Denel is of the ATPA, as amended (19 U.S.C. AECA and §§126.7(a)(1) and (a)(2) of the fully rescinded. The effect of this notice 3203 (c) and (d); 19 U.S.C. ITAR for Armscor, Denel and its is that Armscor, Denel and its divisions, 3203(b)(6)(B)). divisions (including Kentron (Pty) Ltd.), and any divisions, subsidiaries, In a Federal Register notice dated and any divisions, subsidiaries, associated companies, affiliated November 13, 2003, USTR published a associated companies, affiliated persons, and successor entities may list of the responsive petitions filed persons, and successor entities based participate, without prejudice, in the pursuant to the announcement of the upon an indictment returned in the U.S. export or transfer of defense articles, annual review. The Trade Policy Staff District Court for the Eastern District of related technical data, and defense Committee (TPSC) has conducted a Pennsylvania charging Armscor and services subject to section 38 of the preliminary review of these petitions. 15 Kentron with violating and conspiring AECA and the ITAR. CFR 2016.2(b) provides for

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announcement of the results of the Administration, Attn: Ann Azevedo, DEPARTMENT OF TRANSPORTATION preliminary review on or about Engine and Propeller Standards Staff, December 1. 15 CFR 2016.2(b) also ANE–110, Engine and Propeller Federal Aviation Administration provides for modification of the Directorate, Aircraft Certification schedule if specified by Federal Service, 12 New England Executive Notice of Intent To Rule on Application Register notice. In a Federal Register Park, Burlington, MD 01803–5299. 04–07–C–00–BGM To Impose/Use the Revenue From a Passenger Facility notice dated December 30, 2003, USTR FOR FURTHER INFORMATION CONTACT: Ann modified the schedule for this review, Charge (PFC) at Greater Binghamton Azevedo, Engine and Propeller Airport, Binghamton, NY specifying that the results would be Standards Staff, ANE–110, at the above announced on or about March 31, 2004. address, telephone (781) 238–7117, fax AGENCY: Federal Aviation In a Federal Register notice dated April (781) 238–7199. If you have access to Administration (FAA), DOT. 5, 2004, USTR modified the schedule the Internet, you may also obtain further ACTION: Notice of intent to rule on for this review, specifying that the information by writing to the following application. results would be announced on or about address: [email protected]. May 15, 2004. SUPPLEMENTARY INFORMATION: SUMMARY: The FAA proposes to rule and Following is the status of the invites public comment on the responsive petitions filed pursuant to Comments Invited application to impose/use the revenue the announcement of the annual review. You may obtain a copy of the draft AC from a PFC at Greater Binghamton The TPSC has determined that certain of by contacting the person named under Airport under the provisions of the the petitions do not require action and FOR FURTHER INFORMATION CONTACT, or if Aviation Safety and Capacity Expansion terminates their review. These include: using the Internet, you may obtain a Act of 1990 (Title IX of the Omnibus Nortel Networks—Colombia, PhRMA— copy at the following address: http:// Budget Reconciliation Act of 1990) Peru, Big 3 Marine—Peru, Duke www.airweb.faa.gov/rgl. Interested (Pub. L. 101–508) and Part 158 of the Energy—Ecuador, and PhRMA— persons are invited to comment on the Federal Aviation Regulations (14 CFR Ecuador. proposed AC and to submit written Part 158). The TPSC has decided to modify the data, views, or arguments. Commenters DATES: date of the announcement of the results Comments must be received on must identify the subject of the AC, and of preliminary review for the following or before August 20, 2004. submit comments to the address petitions: Engelhard—Peru, Princeton ADDRESSES: Comments on this specified above. The Engine and Dover—Peru, LeTourneau—Peru, Duke application may be mailed or delivered Propeller Directorate, Aircraft Energy—Peru, AFL-CIO—Ecuador, in triplicate to the FAA at the following Certification Service, will consider all Human Rights Watch—Ecuador, and address: Federal Aviation responses received on or before the US/LEAP—Ecuador. USTR will Administration, New York Airports closing date for comments before it announce the results of the preliminary District Office, 600 Old Country Road, issues the final AC. review of these petitions at the same Suite 446, Garden City, NY 11530. We will also file in the docket all time it publishes the list of responsive In addition, one copy of any substantive comments received, and a petitions filed pursuant to the 2004 comments submitted to the FAA must report summarizing them. The docket is Annual ATPA Review. be mailed or delivered to Mr. Carl R. available for public inspection both Beardsley, Jr., Deputy Commissioner of Bennett M. Harman, before and after the comment date. If Aviation, of the Broome County Deputy Assistant U.S. Trade Representative you wish to review the docket in Department of Aviation at the following for Latin America. person, you may go the address above address: Broome County Department of [FR Doc. 04–16479 Filed 7–20–04; 8:45 am] between 9 a.m. and 5 p.m., Monday Aviation, Greater Binghamton Airport, BILLING CODE 3190–W3–P through Friday, except Federal holidays. 2534 Airport Road, Box 16, Johnson If you wish to contact the above City, NY 13790. individual directly, you can use the Air carriers and foreign air carriers DEPARTMENT OF TRANSPORTATION above telephone number or e-mail may submit copies of written comments address provided. previously provided to the Broome Federal Aviation Administration Background County Department of Aviation under section 158.23 of Part 158. Proposed Advisory Circular; Guidance This draft advisory circular (AC) FOR FURTHER INFORMATION CONTACT: Mr. Material for 14 CFR 33.75, Safety would provide guidance and acceptable Robert Levine, Airport Engineer, New Analysis methods, but not the only methods that York Airports District Office, 600 Old may be used to demonstrate compliance AGENCY: Federal Aviation Country Road, Suite 446, Garden City, with the safety analysis requirements of Administration, DOT. NY 11530, (516) 227–3807. The Title 14 of the Code of Federal application may be reviewed in person ACTION: Notice of availability of Regulation (14 CFR) § 33.75. at this same location. proposed advisory circular and request This advisory circular would be for comments. published under the authority granted SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public SUMMARY: This notice announces the to the Administrator by 49 U.S.C. 106(g), 40113, 44701–44702, 44704, and comment on the application to impose/ availability and request for comments of use the revenue from a PFC at Greater draft Advisory Circular (AC), No 33.75– would provide guidance for the requirements in 14 CFR part 33. Binghamton Airport under the 1, Guidance Material for 14 CFR 33.75, provisions of the Aviation Safety and Safety Analysis. Jay J. Pardee, Capacity Expansion Act of 1990 (Title DATES: Comments must be received on Manager, Engine and Propeller Directorate, IX of the Omnibus Budget or before October 30, 2004. Aircraft Certification Service. Reconciliation Act of 1990) (Pub. L. ADDRESSES: Send all comments on the [FR Doc. 04–16522 Filed 7–20–04; 8:45 am] 101–508) and Part 158 of the Federal proposed AC to the Federal Aviation BILLING CODE 4910–13–M Aviation Regulations (14 CFR Part 158).

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On June 29, 2004, the FAA DEPARTMENT OF TRANSPORTATION application, in whole or in part, no later determined that the application to than October 13, 2004. impose/use the revenue from a PFC Federal Aviation Administration The following is a brief overview of submitted by the Broome County the application. Notice of Intent To Rule on Application Department of Aviation was Level of the proposed PFC: $4.50. (04–03–C–00–SHR) To Impose and Use substantially complete within the Proposed charge-effective date: March the Revenue From a Passenger Facility 1, 2005. requirements of § 158.25 of Part 158. Charge (PFC) at the Sheridan County The FAA will approve or disapprove the Proposed charge-expiration date: May Airport, Submitted by the County of 1, 2010. application, in whole or in part, no later Sheridan, Sheridan, WY than September 29, 2004. Total requested for use approval: $247,309.00. The following is a brief overview of AGENCY: Federal Aviation Administration (FAA), DOT. Brief description of proposed projects: the application. Perimeter fencing; Land acquisition for ACTION: Notice of intent to rule on PFC Application No.: 04–07–C–00– approaches (easements); Reconstruction application. BGM. of parallel Taxiway A; Reconstruct Level of the proposed PFC: $4.50. SUMMARY: The FAA proposes to rule and commercial apron; Update airport layout plan; Snow removal equipment, Proposed charge effective date: May 1, invites public comment on the application to impose and to use PFC and security gates. 2005. revenue at the Sheridan County Airport Class or classes of air carriers that the Proposed charge expiration date: under the provisions of 49 U.S.C. 40117 public agency has requested not be December 1, 2005. and Part 158 of the Federal Aviation required to collect PFC’s: None. Total estimated PFC revenue: Regulations (14 CFR 158). Any person may inspect the application in person at the FAA office $531,220. DATES: Comments must be received on listed above under FOR FURTHER or before August 20, 2004. Brief description of proposed INFORMATION CONTACT and at the FAA project(s): ADDRESSES: Comments on this Regional Airports Office located at: —Glycol Collection Rehabilitation application may be mailed or delivered Federal Aviation Administration, in triplicate to the FAA at the following Northwest Mountain Region, Airports —Runway 16/34 Rehabilitation, address: Craig A. Sparks, Manager; Division, ANM–600, 1601 Lind Avenue Design/Construction Denver Airports District Office, DEN– SW., Suite 315, Renton, WA 98055– —Runway 10/28 Safety Area Study ADO; Federal Aviation Administration; 4056. —Airport Wildlife Hazard Study 26805 E. 68th Avenue, Suite 224; In addition, any person may, upon Denver, Colorado 80249–6361. request, inspect the application, notice —Airport Entrance Road In addition, one copy of any and other documents germane to the Improvements comments submitted to the FAA must application in person at the Sheridan —Taxiway Rehabilitation—Design be mailed or delivered to Mr. John W. County Airport. Class or classes of air carriers which Stopka, Airport Manager, at the following address: Sheridan County Issued in Renton, Washington on July 13, the public agency has requested not be 2004. Airport, 908 W. Brundage Lane, required to collect PFCs: Non- Sheridan, Wyoming 82801. David A. Field, Scheduled/On Demand Air Carriers Air Carriers and foreign air carriers Manager, Planning, Programming and filing FAA form 1800–31. may submit copies of written comments Capacity Branch, Northwest Mountain Region. Any person may inspect the previously provided to the Sheridan application in person at the FAA office County Airport, under section 158.23 of [FR Doc. 04–16524 Filed 7–20–04; 8:45 am] listed above under FOR FURTHER Part 158. BILLING CODE 4910–13–M INFORMATION CONTACT and at the FAA FOR FURTHER INFORMATION CONTACT: Mr. regional airports office located at: Chris Schaffer, (303) 342–1258; Denver Federal Aviation Administration, Airports District Office, DEN–ADO; DEPARTMENT OF THE TREASURY Airports Division, AEA–610, Eastern Federal Aviation Administration; 26805 Submission for OMB Review; Region, 1 Aviation Plaza, Jamaica, New 68th Avenue, Suite 224; Denver, Comment Request York, 11434–4809. Colorado 80249–6361. The application In addition, any person may, upon may be reviewed in person at this same July 14, 2004. request, inspect the application, notice location. The Department of Treasury has and other documents germane to the SUPPLEMENTARY INFORMATION: The FAA submitted the following public application in person at the Broome proposes to rule and invites public information collection requirement(s) to County Department of Aviation. comment on the application (04–03–C– OMB for review and clearance under the 00–SHR) to impose and to use PFC Paperwork Reduction Act of 1995, Issued in Garden City, New York on July revenue at the Sheridan County Airport, Public Law 104–13. Copies of the 8, 2004. under the provisions of 49 U.S.C. 40117 submission(s) may be obtained by Philip Brito, and Part 158 of the Federal Aviation calling the Treasury Bureau Clearance Manager, New York Airports District Office, Regulations (14 CFR Part 158). Officer listed. Comments regarding this Eastern Region. On July 13, 2004, the FAA determined information collection should be [FR Doc. 04–16523 Filed 7–20–04; 8:45 am] that the application to impose and to addressed to the OMB reviewer listed BILLING CODE 4910–13–M use the revenue from a PFC submitted and to the Treasury Department by the County of Sheridan, Wyoming, Clearance Officer, Department of the was substantially complete within the Treasury, Room 11000, 1750 requirements of § 158.25 of Part 158. Pennsylvania Avenue, NW., The FAA will approve or disapprove the Washington, DC 20220.

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DATES: Written comments should be Description: PD F 1010 is completed Internal Revenue Service (IRS) received on or before August 20, 2004, by an official of an organization that is OMB Number: 1545–1054. to be assured of consideration. designated to act on behalf of the Form Number: IRS Form 8736. organization. Type of Review: Revision. Bureau of the Public Debt (PD) Respondents: Business or other for- Title: Application for Automatic OMB Number: 1535–0082. profit. Extension of Time to File U.S. Return Form Numbers: PD F 5237. Estimated Number of Respondents: for a Partnership, REMIC or Certain Type of Review: Extension. 500. Trusts. Title: Subscription for Purchase of Estimated Burden Hours Per Description: Form 8736 is used by U.S. Treasury Securities State and Local Respondent: 10 minutes. partnerships, REMICs, and by certain Government Series One-Day Certificate Frequency of Response: On occasion. trusts to request an automatic 3-month of Indebtedness Demand Deposit. Estimated Total Reporting Burden extension of time to file Form 1065, Description: PD F 5237 is used to Hours: 85 hours. Form 1041, or Form 1066. Form 8736 collect information from State and local OMB Number: 1535–0128. contains data needed by the IRS to government entities wishing to purchase Form Numbers: PD F 5396. determine whether or not a taxpayer Treasury securities. Type of Review: Extension. qualifies for such an extension. Respondents: State, local or tribal Title: Direct Deposit Sign-Up Form. Respondents: Business or other for- government. Description: PD F 5396 is used to profit, farms. Estimated Number of Respondents: process payment data to the financial Estimated Number of Respondents/ 100. institution. Recordkeepers: 36,000. Estimated Burden Hours Per Respondents: Individuals or Estimated Burden Hours Respondent/ Respondent: 8 minutes. households. Recordkeeper: Frequency of Response: On occasion. Estimated Number of Respondents: Recordkeeping—2 hr., 37 min. Estimated Total Reporting Burden 20,000. Learning about the law or the Hours: 13 hours. Estimated Burden Hours Per form—30 min. OMB Number: 1535–0083. Respondent: 10 minutes. Preparing, copying, assembling, and Form Numbers: PD F 5238. Frequency of Response: On occasion. sending the form to the IRS—34 min. Estimated Total Reporting Burden Type of Review: Extension. Frequency of response: Annually. Hours: 3,400 hours. Title: Request for Redemption of U.S. Estimated Total Reporting/ Clearance Officer: Vicki S. Thorpe, Treasury Securities-State and local Recordkeeping Burden: 132,840 hours. (304) 480–6553, Bureau of the Public government Series One-Day Certificates OMB Number: 1545–1601. Debt, 200 Third Street, Parkersburg, of Indebtedness. Revenue Procedure Number: Revenue West VA 26106–1328. Description: PD F 5238 is used to Procedure 98–32. OMB Reviewer: Joseph F. Lackey, Jr., collect information from State and local Type of Review: Extension. (202) 395–7316, Office of Management government entities to process Title: EFTPS Programs for Reporting and Budget, Room 10235, New redemptions of U.S. Treasury Securities. Agents. Executive Office Building, Washington, Respondents: State, local or tribal Description: The Batch and Bulk Filer DC 20503. government. programs are used by Filers for Estimated Number of Respondents: Lois K. Holland, electronically submitting enrollments, 100. Treasury PRA Clearance Officer. federal tax deposits, and federal tax Estimated Burden Hours Per [FR Doc. 04–16564 Filed 7–20–04; 8:45 am] payments on behalf of multiple Respondent: 3 minutes. BILLING CODE 4810–39–P taxpayers. These programs are part of Frequency of Response: On occasion. the Electronic Federal Tax Payments Estimated Total Reporting Burden System (EFTPS). Hours: 5 hours. DEPARTMENT OF THE TREASURY Respondents: Business or other for- OMB Number: 1535–0112. profit. Form Numbers: None. Submission for OMB Review; Estimated Number of Respondents/ Type of Review: Extension. Comment Request Recordkeepers: 3,000. Title: Sale and Issue of Marketable Estimated Burden Hours Respondent/ Book-Entry Treasury Bills, Notes and July 14, 2004. Recordkeeper: 82 hours, 23 minutes. Bonds. The Department of Treasury has Frequency of response: On occasion, Description: Information is needed in submitted the following public Weekly, Monthly, Quarterly, Semi- order to process tenders and to ensure information collection requirement(s) to annually, Annually, Biennially. compliance with Treasury Auction OMB for review and clearance under the Estimated Total Reporting/ Rules. Paperwork Reduction Act of 1995, Recordkeeping Burden: 246,877 hours. Respondents: Individuals or Public Law 104–13. Copies of the OMB Number: 1545–1620. households, business or other for-profit, submission(s) may be obtained by Form Number: IRS Form 8812. not-for-profit institutions. calling the Treasury Bureau Clearance Type of Review: Revision. Estimated Number of Respondents: 1. Officer listed. Comments regarding this Title: Additional Child Tax Credit. Estimated Burden Hours Per information collection should be Description: Section 24 of the Internal Respondent: 1. addressed to the OMB reviewer listed Revenue Code allows taxpayers a credit Frequency of Response: On occasion. and to the Treasury Department for each of their dependent children Estimated Total Reporting Burden Clearance Officer, Department of the who is under age 17 at the close of the Hours: 1 hour. Treasury, Room 11000, 1750 taxpayer’s tax year. The credit is OMB Number: 1535–0117. Pennsylvania Avenue, NW., advantageous to taxpayers as it directly Form Numbers: PD F 1010. Washington, DC 20220. reduces the tax liability for the year and, Type of Review: Extension. DATES: Written comments should be if the taxpayer has three or more Title: Resolution for Transactions received on or before August 20, 2004, children, may result in a refundable Involving Registered Securities. to be assured of consideration. amount of credit.

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Respondents: Individuals or Estimated Burden Hours ACTION: Notice. households. Recordkeeper: 8 hours. Estimated Number of Respondents/ Estimated Total Recordkeeping SUMMARY: An open meeting of the Wage Recordkeepers: 9,000,000. Burden: 3,200 hours. & Investment Reducing Taxpayer Estimated Burden Hours Respondent/ OMB Number: 1545–1884. Burden (Notices) Issue Committee of the Announcement Number: Recordkeeper: Taxpayer Advocacy Panel will be Announcement 2004–43. Recordkeeping—6 min. conducted in Pittsburgh, PA. The Learning about the law or the Type of Review: Extension. Taxpayer Advocacy Panel is soliciting form—9 min. Title: Election of Alternative Deficit public comments, ideas and suggestions Preparing the form—28 min. Reduction Contribution. Copying, assembling, and sending Description: Announcement 2004–43 on improving customer service at the the form to the IRS—20 min. describes the notice that must be given Internal Revenue Service. by an employer to plan participants and Frequency of response: Annually. DATES: The meeting will be held August beneficiaries and to the Pension Benefit Estimated Total Reporting/ 13 and 14, 2004. Recordkeeping Burden: 9,630,000 hours. Guaranty Corporation within 30 days of OMB Number: 1545–1731. making an election to take advantage of FOR FURTHER INFORMATION CONTACT: Revenue Procedure Number: Revenue the alternative deficit reduction Sallie Chavez at 1–888–912–1227, or Procedure 2001–37. contribution described in Public Law 954–423–7979. Type of Review: Extension. 108–18, and gives a special transition SUPPLEMENTARY INFORMATION: Notice is Title: Extraterritorial Income rule for the 1st quarter. Exclusion Elections. Respondents: Business or other for- hereby given pursuant to Section Description: This revenue procedure profit, Not-for-profit institutions. 10(a)(2) of the Federal Advisory provides guidance for implementing the Estimated Number of Respondents/ Committee Act, 5 U.S.C. App. (1988) elections (and revocation of such Recordkeepers: 200. that an open meeting of the Wage & Estimated Burden Hours Respondent/ elections) established under the ‘‘FSC Investment Reducing Taxpayer Burden Recordkeeper: Repeal and Extraterritorial Income (Notices) Issue Committee of the Respondents:—60 hours. Taxpayer Advocacy Panel will be held Exclusion Act of 2000.’’ Recordkeepers:—200 hours. Respondents: Business or other for- Frequency of response: On occasion. in Pittsburgh PA at the Courtyard profit. Estimated Total Reporting/ Pittsburgh Airport, 450 Cherrington Estimated Number of Respondents: Recordkeeping Burden: 12,000 hours. Parkway, Coraopolis, PA 15108, Friday 56. Clearance Officer: Glenn P. Kirkland August 13, 2004, from 8:30 a.m. to 4:30 Estimated Burden Hours Respondent: (202) 622–3428, Internal Revenue p.m. e.d.t. and Saturday August 14, 20 minutes. Service, Room 6411–03, 1111 2004, from 8:30 a.m. to 12 p.m. e.d.t. Frequency of response: Other (once). Constitution Avenue, NW., Washington, Individual comments will be limited to Estimated Total Reporting Burden: 19 DC 20224. 5 minutes. If you would like to have the hours. OMB Reviewer: Joseph F. Lackey, Jr., TAP consider a written statement, OMB Number: 1545–1847. (202) 395–7316, Office of Management please call 1–888–912–1227 or 954– Revenue Procedure Number: Revenue and Budget, Room 10235, New 423–7979, or write Sallie Chavez, TAP Procedure 2004–29. Executive Office Building, Washington, Office, 1000 South Pine Island Road, Type of Review: Extension. DC 20503. Title: Statistical Sampling in § 274 Suite 340, Plantation, FL 33324. Context. Lois K. Holland, Notification of intent to participate in Description: For taxpayers desiring to Treasury PRA Clearance Officer. the meeting must be made with Sallie establish for purposes of § 274(n)(2)(A), [FR Doc. 04–16565 Filed 7–20–04; 8:45 am] Chavez. Ms. Chavez can be reached at (C), (D), or (E) that a portion of the total BILLING CODE 4830–01–P 1–888–912–1227 or 954–423–7979. amount of substantiated expenses The agenda will include various IRS incurred for meals and entertainment is issues. excepted from the 50% limitation of DEPARTMENT OF THE TREASURY Dated: July 15, 2004. § 274(n), the revenue procedure requires Bernard Coston, that taxpayers maintain adequate Internal Revenue Service Director, Taxpayer Advocacy Panel. documentation to support the statistical Open Meeting of the Wage & [FR Doc. 04–16596 Filed 7–20–04; 8:45 am] application, sample unit findings, and Investment Reducing Taxpayer Burden BILLING CODE 4830–01–P all aspects of the sample plan. (Notices) Issue Committee of the Respondents: Business or other for- Taxpayer Advocacy Panel profit. Estimated Number of Recordkeepers: AGENCY: Internal Revenue Service (IRS) 400. Treasury.

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Corrections Federal Register Vol. 69, No. 139

Wednesday, July 21, 2004

This section of the FEDERAL REGISTER Honey FarmLamb’s Honey Farm’’ suporters,’’, the third entry, ‘‘Electralloy contains editorial corrections of previously should read, ‘‘Lamb’s Honey Farm’’. Empire Specialty Steel’’ should actually published Presidential, Rule, Proposed Rule, 2. On the same page, in the same be the third and fourth entries: and Notice documents. These corrections are table, under the same column, in the ‘‘Electralloy’’ and ‘‘Empire Specialty prepared by the Office of the Federal 17th entry from the bottom, ‘‘Talbott;s Steel’’. Register. Agency prepared corrections are Honey’’ should read, ‘‘Talbott’s Honey’’. issued as signed documents and appear in 3. On the same page, in the same 8. On the same page, in the same the appropriate document categories table, in the same column, the ninth elsewhere in the issue. table, in the same column, in the 5th entry from the bottom, ‘‘Wooten Golden entry, ‘‘Electralloy Empire Specialty Queens’’ should read, ‘‘Wooten’s Steel’’ should actually be the ninth and Golden Queens’’. 10th entries: ‘‘Electralloy’’ and ‘‘Empire DEPARTMENT OF HOMELAND 4. On page 31211, in the table, under Specialty Steel’’. SECURITY the column heading ‘‘Petitioners/ 9. On the same page, in the same suporters,’’ in the 32nd entry, ‘‘A.H. Customs and Border Protection table, in the same column, the 15th Meyers & Sons’’ should read, ‘‘A.H. entry, ‘‘Electralloy Empire Specialty Meyer & Sons’’. Distribution of Continued Dumping 5. On page 31212, in the table, under Steel’’ should actually be the 15th and and Subsidy Offset to Affected the column heading ‘‘Petitioners/ 16th entries: ‘‘Electralloy’’ and ‘‘Empire Domestic Producers suporters,’’, in the fifth entry from the Specialty Steel’’. Correction bottom, ‘‘Franklin Lumber Co.’’ should 10. On the same page, in the same read, ‘‘Franklin Timber Co.’’. table, in the same column, the 21st In notice document 04–12187 6. On page 31218, in the table, under entry, ‘‘Electralloy Empire Specialty beginning on page 31162 in the issue of the column titled ‘‘Petitioners/ Steel’’ should actually be the 21st and June 2, 2004, make the following suporters,’’, after the 22nd entry titled 22nd entries: ‘‘Electralloy’’ and ‘‘Empire corrections: ‘‘Shuqualak Lumber’’, add ‘‘Sierra Specialty Steel’’. 1. On page 31208, in the table, under Forest Products’’. the column heading, ‘‘Petitioners/ 7. On page 31220, in the table, under [FR Doc. C4–12187 Filed 7–20–04; 8:45 am] suporters,’’ in the 13th entry, ‘‘Lamb’s the column heading, ‘‘Petitioners/ BILLING CODE 1505–01–D

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Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Removing the Eastern Distinct Population Segment of the Gray Wolf From the List of Endangered and Threatened Wildlife; Proposed Rule

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DEPARTMENT OF THE INTERIOR • Email: [email protected]. Include actions that may positively or negatively ‘‘Attn: Gray Wolf Delisting’’ in the affect the EDPS if it were delisted. Fish and Wildlife Service subject line of the message. A. Biology and Ecology of Gray Wolves Instructions: All submissions received 50 CFR Part 17 must include the agency name and Gray wolves are the largest wild Regulatory Information Number (RIN) members of the Canidae, or dog family, RIN 1018–AJ03 for this rulemaking. For detailed with adults ranging from 18 to 80 instructions on submitting comments kilograms (kg) (40 to 175 pounds (lb)) Endangered and Threatened Wildlife and additional information on the depending upon sex and subspecies and Plants; Removing the Eastern rulemaking process, see the ‘‘Public (Mech 1974). The average weight of Distinct Population Segment of the Comments Solicited’’ heading of the male wolves in Wisconsin is 35 kg (77 Gray Wolf From the List of Endangered SUPPLEMENTARY INFORMATION section of lb) and ranges from 26 to 46 kg (57 to and Threatened Wildlife this document. 102 lb), while females average 28 kg (62 The complete file for this rule is lb) and range from 21 to 34 kg (46 to 75 AGENCY: Fish and Wildlife Service, available for inspection, by lb) (Wisconsin Department of Natural Interior. appointment, during normal business Resources (WI DNR) 1999a). Wolves’ fur ACTION: Proposed rule. hours at our Midwest Regional Office: color is frequently a grizzled gray, but U.S. Fish and Wildlife Service, Federal it can vary from pure white to coal SUMMARY: The U.S. Fish and Wildlife Building, 1 Federal Drive, Ft. Snelling, black. Wolves may appear similar to Service (Service or we) proposes to MN 55111–4056. Call 612–713–5350 to coyotes (Canis latrans) and some remove the Eastern Distinct Population make arrangements. The comments and domestic dog breeds (such as the Segment (EDPS) of the gray wolf (Canis materials we receive during the German shepherd or Siberian husky) (C. lupus) from the List of Endangered and comment period also will be made familiaris). Wolves’ longer legs, larger Threatened Wildlife established under available for public inspection, by feet, wider head and snout, and straight the Endangered Species Act of 1973, as appointment, during normal business tail distinguish them from both coyotes amended (Act). We propose this action hours. See the ‘‘Public Comments and dogs. Wolves primarily are predators of because available data indicate that this Solicited’’ section of SUPPLEMENTARY medium and large mammals. Wild prey DPS no longer meets the definitions of INFORMATION for location information. threatened or endangered under the Act. species in North America include white- FOR FURTHER INFORMATION CONTACT: The gray wolf population is stable or tailed deer (Odocoileus virginianus) and Direct all questions or requests for increasing in Minnesota, Wisconsin, mule deer (O. hemionus), moose (Alces additional information to the Service and Michigan, and exceeds its alces), elk (Cervus elaphus), woodland using the Gray Wolf Phone Line—612– numerical recovery criteria. Completed caribou (Rangifer caribou) and barren 713–7337, facsimile—612–713–5292, State wolf management plans will ground caribou (R. arcticus), bison the general gray wolf electronic mail provide adequate protection and (Bison bison), muskox (Ovibos address—[email protected], management to the species in these moschatus), bighorn sheep (Ovis or write to: Gray Wolf Questions, U.S. three States if the gray wolf is delisted canadensis) and Dall sheep (O. dalli), Fish and Wildlife Service, Federal in the EDPS. The proposed rule, if mountain goat (Oreamnos americanus), Building, 1 Federal Drive, Ft. Snelling, finalized, would remove this DPS from beaver (Castor canadensis), and MN 55111–4056. Additional the protections of the Act by ending its snowshoe hare (Lepus americanus), information is also available on our threatened classification. This proposed with small mammals, birds, and large World Wide Web site at http:// rule would also remove the currently invertebrates sometimes being taken midwest.fws.gov/wolf. In the event that designated critical habitat for the gray (Mech 1974, Stebler 1944, WI DNR our internet connection is not wolf in Minnesota and Michigan and 1999a). In the EDPS, during the last 22 functional, please contact the Service by remove the current special regulations years, wolves have also killed domestic the alternative methods mentioned for gray wolves in Minnesota and other animals including horses (Equus above. Individuals who are hearing- Midwestern States. This proposal, if caballus), cattle (Bos taurus), sheep impaired or speech-impaired may call finalized, would not change the status (Ovis aries), goats (Capra hircus), llamas the Federal Relay Service at 1–800–877– or special regulations currently in place (Lama glama), pigs (Sus scrofa), geese 8337 for TTY assistance. for the Western or Southwestern DPSs (Anser sp.), ducks (Anas sp.), turkeys of the gray wolf or for the red wolf (C. SUPPLEMENTARY INFORMATION: (Meleagris gallopavo), chickens (Gallus sp.), pheasants (Phasianus colchicus), rufus). Background dogs, and cats (Felis catus) (Paul 2001, DATES: We must receive comments by This rule begins with discussions on Wydeven et al. 2001a). November 18, 2004 in order to ensure the biology, ecology, taxonomy, and Wolves are social animals, normally their consideration in our final decision. historical range of the gray wolf. We living in packs of 2 to 12 wolves, We must receive requests for public then describe previous Federal listing although 2 packs in Yellowstone hearings by September 7, 2004. actions taken for this DPS of gray National Park (NP) had 22 and 27 ADDRESSES: You may submit comments wolves. Next, we discuss the purpose members in 2000; Yellowstone NP’s and other information, identified by RIN and relevant definitions of the Act and Druid Peak pack increased to 37 1018–AJ03, by any of the following conclude this introductory section with members in 2001 (USFWS et al. 2001, methods: a discussion of the conservation and 2002). Winter 2001–02 pack size in • Federal eRulemaking Portal: http:// recovery of the EDPS of the gray wolf. Michigan’s Upper Peninsula averaged www.regulations.gov. Follow the We then analyze the current status of 4.3 wolves (Potvin et al. submitted). instructions for submitting comments. the EDPS relative to the criteria set out Packs are primarily family groups • Mail: Gray Wolf Delist—EDPS, c/o in section 4(c)(1) of the Act to determine consisting of a breeding pair, their pups Content Analysis Team, P.O. Box whether it still warrants listing under from the current year, offspring from the 221150, Salt Lake City, UT 84122–1150 the Act. This analysis takes into account previous year, and occasionally an • Fax: (801) 517–1015 the effects of current and future likely unrelated wolf. Packs typically occupy,

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and defend from other packs and (Boitani 1995). Their attitudes, coupled 1, 2003), gray wolf-dog hybrids have no individual wolves, a territory of 50 to with perceived and real conflicts value to gray wolf recovery programs 550 square kilometers (km2) (20 to 214 between wolves and human activities and can introduce dog genes into wild square miles (mi2)). In the northern U.S. along the frontier, led to widespread wolf populations. Rocky Mountains, territories tend to be persecution of wolves. Poisons, B. Taxonomy of Gray Wolves in the larger, usually from 520 to 1,040 km2 trapping, and shooting spurred by Northeastern United States (200 to 400 mi2), and in Wood Buffalo Federal, State, and local government NP in Canada, territories of up to 2,700 bounties extirpated this once Both versions (USFWS 1978 and km2 (1,042 mi2) have been recorded widespread species from more than 95 1992a) of the Recovery Plan for the (Carbyn, Canadian Wildlife Service, in percent of its range in the 48 Eastern Timber Wolf (Recovery Plan) litt. 2000). Normally, only the top- conterminous States. At the time the Act were developed to recover the gray wolf ranking (‘‘alpha’’) male and female in was passed, only several hundred subspecies Canis lupus lycaon, each pack breed and produce pups. wolves occurred in northeastern commonly known as the eastern timber Litters are born from early April into Minnesota and on Isle Royale, wolf. Canis lupus lycaon was believed May; they range from 1 to 11 pups, but Michigan, and a few scattered wolves to be the gray wolf subspecies that generally include 4 to 6 pups (Michigan may have occurred in the Upper historically occurred throughout the Department of Natural Resources (MI Peninsula of Michigan, Montana, and northeastern quarter of the United States DNR) 1997; USFWS 1992a; USFWS et the American Southwest. east of the Great Plains (Young and al. 2001). Normally a pack has a single Researchers have learned a great deal Goldman 1944, Hall 1981, Mech 1974). litter annually, but the production of 2 about gray wolf biology, especially Since the publication of those recovery or 3 litters in one year has been about the species’ adaptability and its plans, various studies on the subspecific documented in Yellowstone NP use of nonwilderness habitats. Public taxonomy of the gray wolf have been (USFWS et al. 2002). Yearling wolves appreciation of the role of predators in conducted with conflicting results frequently disperse from their natal our ecosystems has increased. Surveys (Nowak 1995, 2002, 2003; Wayne et al. packs, although some remain with their indicate that approximately 60 percent 1995; Wilson et al. 2000). natal pack. Yearlings may range over of persons in the eastern and western Wilson et al. (2000) questioned the large areas as lone animals after leaving United States have positive attitudes identity of the Canis species in their natal pack or they may locate towards wolves and their restoration southeastern Canada, an area with an suitable unoccupied habitat and a (Williams et al. 2002). Most extant wolf population adjacent to the member of the opposite sex and begin importantly, within the last decade the northeastern United States. The their own pack. Dispersal distances of prospects for gray wolf recovery in alternative view of southeastern Canada 800 km (500 mi) have been documented several areas of their historical range in wolf taxonomy as advanced by Wilson (Fritts 1983; James Hammill, MI DNR, in the United States have greatly increased. et al. (2000) appears to be gaining wider litt. 2001). Individual wolves have more In the EDPS, wolves have dramatically acceptance among taxonomists. That recently traveled from central increased their numbers and occupied view is that the wolf currently occurring Wisconsin to east-central Indiana (655 range. in Algonquin Provincial Park and km (407 mi)) and northern Illinois The gray wolf is one of two North southern Quebec Province, and possibly (unknown distance), from the Upper American wolf species currently the ancestral wolf of southeastern Peninsula of Michigan to northern protected by the Act. The other species Canada and the northeastern United Missouri (965 km (600 mi)), and from is the red wolf (Canis rufus), which is States, is a smaller form of wolf, similar the Minnesota-Wisconsin-Michigan listed as endangered throughout its to or indistinguishable from the red population to east-central Nebraska historical range in the southeastern wolf. Others argue that ecologically, the (unknown distance). United States and extending west into ancestral wolf in northern New England The gray wolf historically occurred central Texas. The red wolf is the and northern New York where moose across most of North America, Europe, subject of a separate recovery program. and woodland caribou were the and Asia. In North America, gray wolves This final rule does not affect the predominant ungulate prey (Hall 1981), formerly occurred from the northern current listing status or protection of the and throughout New York State where reaches of Alaska, Canada, and red wolf. elk were indigenous (Hall 1981), was Greenland to the central mountains and Gray wolf populations in the United likely to be a large-bodied gray wolf, the high interior plateau of southern States are protected under the Act by rather than a smaller, deer-eating wolf, Mexico. The only areas of the separate listings covering the EDPS, the such as the red wolf (Daniel Harrison, conterminous United States that Western DPS, and the Southwestern University of Maine, pers. comm.). apparently lacked gray wolf populations DPS (50 CFR 17.11(h)), regulations We acknowledge that our since the last ice age are parts of establishing three non-essential understanding of wolf taxonomy at both California and portions of the eastern experimental populations (50 CFR the species and the subspecies levels is and southeastern United States (an area 17.84(i) and (k)), and by special likely to continue changing as new occupied by the red wolf). In addition, regulations for parts of the Western and studies are completed and the results of wolves were generally absent from the Eastern DPSs (50 CFR 17.40(d), (n), and additional genetic and morphometric deserts and mountaintop areas of the (o)). Regulations for the Western and analyses are published. Analyses of the western United States (Young and Southwestern DPSs would not be canids recently found in the Goldman 1944, Hall 1981, Mech 1974, removed or changed if this proposal is northeastern United States and Nowak 2000). (Refer to the Taxonomy of finalized. southeastern Canada point to a north- Gray Wolves in the Eastern United It is important to note that the south (and to a lesser extent, west-east) States section below for additional protections of the gray wolf under the gradient consisting of western gray wolf, discussion.) Act does not extend to gray wolf-dog eastern wolf, and coyote. The western European settlers in North America hybrids regardless of the geographic gray wolf historically occupied much of and their cultures often had location of the capture of their pure wolf the western United States and much of superstitions and fears of wolves and a ancestors. As noted in the final Canada. According to recent genetic unified desire to eliminate them reclassification rule (68 FR 15804, April analyses (Wilson et al. 2000), the eastern

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wolf, now referred to by some present, although wolf genetic material 2003) supports extending the historical investigators as Canis lycaon, currently is also present in these animals (Wilson range of the red wolf into southern New occupies southeastern Canada and may et al. 2004). It is extremely difficult to England or even further north. This have historically occupied the determine the genetic identity of the suggests that the historical range of the northeastern United States and portions wolf (or wolves) that occurred in the gray wolf in the eastern United States of the Great Lakes area as well (Fascione Northeast before European settlement. may have been more limited than et al. 2001). The Service believes that it The ranges of specific forms of wolf may previously believed, although the ranges is equally likely there was a contact have changed over time or intermingled of the wolf species may have expanded zone between the two forms of wolves along contact zones, and scientific and contracted after the last ice age. along this broad boundary between the consensus on one ancestral form of wolf The results of recent molecular northern extent of white-tailed deer for the Northeast may not be possible. genetic (Wilson et al. 2000) and range and the southern extent of caribou We, however, encourage additional morphometric studies (Nowak 1995, and moose range. research on the identity of the historical 2002) may help explain some of the past Currently, molecular genetic and wolf of the northeast region, the difficulties in determining the southern morphological data suggest several taxonomy and phylogeny of boundary of the gray wolf’s range in the plausible identities for the large canid contemporary wolves in southeastern eastern United States. Unless additional that historically occupied the Northeast. Canada, and new information on the data demonstrate that gray wolves did Nowak’s (1995) morphological data occurrence of wolves in the not historically occur in the support the contention that Canis lupus northeastern United States and northeastern U.S., we have defined the lycaon, a subspecies of the gray wolf, southeastern Canada. Due to the historical range of the gray wolf as occupied part of the Northeast, extreme uncertainty over wolf including those areas north of the Ohio including southern New England. A taxonomy, at this time we are adopting River, the southern borders of recent molecular genetics study (Wilson no final position on the identity of the Pennsylvania and New Jersey, and et al. 2000) disputes that this species is wolf (or wolves) that historically existed southern Missouri; and west from a gray wolf, and suggests it is a form of in the northeastern United States. As central Texas and Oklahoma (68 FR red wolf and both forms should be announced in the final reclassification 15804). This boundary is a reasonable referred to as C. lycaon. Nowak’s (2002) rule (68 FR 15804, April 1, 2003), we are compromise of several published more recent analysis places the treating gray wolves in the northeastern accounts, being somewhat south of that boundary between the gray wolf and red United States as part of the EDPS. shown by Nowak (2002) and north of wolf in central New York and northern the range boundary shown by Young Vermont, with C. l. lycaon to the north C. Historical Range of the Gray Wolf and Goldman (1944) and Mech (1974). and west of this line and the red wolf Until the molecular genetics studies The historical range boundary we used subspecies, C. rufus floridanus, to the of the last few years, the range of the to establish the southern boundary of east and south. Furthermore, Nowak gray wolf before European settlement the EDPS in 50 CFR 17.11(h) most (2002, 2003) now suggests that C. l. was generally believed to include most closely approximates that shown in Hall lycaon may be a subspecies of hybrid of North America. The only areas that (1981). origin resulting from matings of C. lupus were believed to have lacked gray wolf and C. rufus. populations are southern and interior While the historical range and The historical range of the gray wolf Greenland, the coastal regions of taxonomy of the wolf in the and the taxonomy of the wolf in the Mexico, all of Central America south of northeastern United States continues to conterminous United States is the Mexico, coastal and other parts of be debated, the fact that wolves were subject of substantial scientific debate. California, the extremely arid deserts indigenous to that region is well As pointed out in the April 2003 final and the mountaintops of the western established in historical accounts and reclassification (68 FR 15804) and by United States, and parts of the eastern bounty records. As early as 1645, the Brewster and Fritts (1995), wolf and southeastern United States (Young Massachusetts Court complained of ‘‘the systematics is a continually evolving and Goldman 1944, Hall 1981, Mech great losse and damage’’ suffered by the science. During the 1800s and through 1974, Nowak 1995). (Some authorities, colony because wolves killed settlers’ the mid-1900s, which Brewster and however, question the reported cattle (Cronon 1983). Cronon (1983) Fritts (1995) refer to as the ‘‘descriptive historical absence of gray wolves from reports that such complaints persisted era,’’ wolf taxonomies were based on parts of California (Carbyn in litt. 2000, in newly settled areas throughout the physical attributes such as color, Mech, U.S. Geological Survey, in litt. colonial period. Young and Goldman weight, and size. During the 2000)). Authors are inconsistent on their (1944) recount the early years of wolf ‘‘multivariate analysis era’’ (1950s to views of the precise boundary of bounties offered on Long Island, New present), alternative wolf taxonomies historical gray wolf range in the eastern York, where in 1663 it was agreed that were based on statistical analyses of and southeastern United States. Some settlers be provided bushels of Indian multiple morphometric data, use Georgia’s southeastern corner as the corn in exchange for wolf heads. In particularly cranial measurements. southern extent of gray wolf range 1794, Samuel Williams recorded in The Lastly, recent advances in molecular (Young and Goldman 1944, Mech 1974); Natural and Civil History of Vermont taxonomy (1970s to present) have made others believe gray wolves did not occur that, ‘‘One of the most common and it possible to compare phylogenic at all in the southeastern U.S. (Hall noxious of all our animals, is the Wolf.’’ relatedness between closely related 1981) or only to a limited extent, A review of wolf bounty records in species and subspecies and to primarily at relatively high elevations Maine revealed documentation for well characterize their differences. (Nowak 1995). The southeastern and over 100 bounties paid, primarily Proponents of each alternative wolf mid-Atlantic States have generally been during the 1800s (R. Joseph, USFWS, in taxonomy offer a different view of the recognized as being within the historical litt. 2000). In the Proceedings of the range of wolf species and subspecies in range of the red wolf; the extent of Portland Society of Natural History North America. overlap between the ranges of these (1930), it is reported that wolves were The coyote is the dominant canid in competing canids is unknown. Recent numerous in the Portland, Maine, the northeastern United States at morphological work (Nowak 2002, region, and existed at least until 1740 in

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the immediate vicinity of the present the bounties, and by 1900, the wolf was 15806), we included a detailed city. considered extirpated from the summary of the previous Federal From the first reward offered by the northeastern United States (Nowak actions completed prior to publication Massachusetts Bay Colony in 1630, wolf 2002). Hamilton (1943) noted that where of that final rule. bounties became a common means of the wolf formerly ranged widely The first part of the April 1, 2003, throughout the eastern States, persistent addressing livestock losses to wolf final rule delisted gray wolves in parts hunting, trapping, and poisoning predation in colonial America. By the or all of 16 southern States because that resulted in its extermination in early eighteenth and into the nineteenth area is outside the historical range of the Pennsylvania, New York, and New centuries, bounties on the wolf were England well before the close of the species. The second part of the final rule common throughout the United States. nineteenth century. separated the remainder of the 32 States Wolf populations in the northeastern and Mexico into three gray wolf DPSs, United States were strongly affected as D. Previous Federal Action and it gave each DPS a separate listing colonial settlement progressed and On April 1, 2003, we published a final under the Act as threatened or activities such as forest clearing, rule (68 FR 15804) that reclassified and endangered (see Figure 1 below). hunting, and trapping reduced the delisted gray wolves, as appropriate, Additionally, new special regulations wolf’s natural habitat and prey across their range in the 48 under section 4(d) of the Act were (ungulates and beaver). Remaining wolf conterminous United States and established for portions of the Western populations were largely eliminated by Mexico. In that final rule (on page and Eastern Gray Wolf DPSs.

On March 1, 2000, we received a proposal (65 FR 43450) to revise the in the northeastern United States. As petition from Mr. Lawrence Krak of current listing of the gray wolf across explained in the April 1, 2003, Gilman, Wisconsin, and on June 28, most of the conterminous United States, reclassification rule (68 FR 15804) and 2000, we received a petition from the we did not initiate separate reviews in our September 12, 2003, response to the Minnesota Conservation Federation. Mr. response to those two petitions. This petitioners, the absence of a wolf Krak’s petition requested the delisting of proposed rule constitutes both our 90- population in the Northeast precluded gray wolves in Minnesota, Wisconsin, day finding that the petitioned actions us from designating that entity as a and Michigan. The Minnesota may be warranted and our 12-month separate DPS. Instead, the EDPS Conservation Federation requested the finding that the actions are warranted. includes New Hampshire, Maine, delisting of gray wolves in a Western On April 1, 2003, we also received a Vermont, and New York; any gray Great Lakes DPS. Because the data petition from Defenders of Wildlife, wolves that may exist in or disperse into reviews resulting from the processing of Sierra Club, RESTORE: The North these States continue to be protected as these petitions would be a subset of the Woods, and The Wildlands Project threatened under the Act until a final review begun by our July 13, 2000, requesting that we list a DPS of wolves delisting of the EDPS is published.

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E. Purpose and Definitions of the Act to the point at which it no longer needs recovery, recovery plans describe and The primary purpose of the Act is to the protections of the Act because the prioritize specific actions necessary to prevent the endangerment and species is no longer threatened or achieve the recovery criteria and extinction of animal and plant species. endangered. objectives and identify appropriate The Service will determine whether a The Act requires the Service to identify parties to implement each action. species is endangered or threatened Once a species has met its delisting species that meet the Act’s definitions of only after assessing its status throughout criteria and no longer meets the endangered or threatened, to add those all or a significant portion of its range. definition of endangered or threatened, species that meet either of these A species does not have to be recovered it is considered to be recovered and definitions to the Federal Lists of throughout all of its historical range should be delisted. The restoration of a Endangered and Threatened Wildlife before it can be delisted; however, species throughout its historical range, and Plants (50 CFR 17.11 and 17.12, within its current range it must no or even throughout the entire remaining respectively), and to plan and longer be in danger of extinction or suitable habitat, may not be necessary implement conservation actions to likely to become endangered in the for a species to be delisted. Recovery improve their status to the point at foreseeable future. plans generally do not require which they no longer need the restoration of the species throughout its F. Recovery Planning and Recovery protections of the Act. When that historical range to achieve recovery Criteria for the Eastern Timber Wolf protection is no longer needed, we take under the Act. steps to remove (delist) the species from The Eastern Gray Wolf DPS was The 1978 Recovery Plan for the the Federal lists. If a species is listed as established on April 1, 2003 (68 FR Eastern Timber Wolf (Recovery Plan) endangered, we may first reclassify it to 15804). It is important to note that a was approved on May 2, 1978, (USFWS threatened status as an intermediate DPS is a listed entity under the Act, and 1978) and revised and approved on step, if the species has met the is treated the same as a listed species or January 31, 1992 (USFWS 1992a). The downlisting criteria outlined in its subspecies. It is listed, protected, 1978 Recovery Plan and its 1992 recovery plan before its eventual subject to interagency consultation, and revision were intended to recover the delisting; reclassification before recovered just as any other threatened or eastern timber wolf, Canis lupus lycaon, delisting, however, is not required. endangered species or subspecies. A thought at that time to be the gray wolf Section 3 of the Act provides the DPS will have its own recovery plan subspecies that historically inhabited following definitions that are relevant to and its own recovery goals. As with a the United States east of the Great this rule: species or subspecies, we are not Plains. Thus, this Recovery Plan covers Endangered species—any species required to seek restoration of the a geographic triangle extending from which is in danger of extinction animal throughout the entire geographic Minnesota to Maine and into throughout all or a significant portion of area of the DPS, but only to the point northeastern Florida, an area consistent its range; at which it no longer meets the with the geographic coverage of the Threatened species—any species definition of a threatened or endangered EDPS (when corrected for the lack of which is likely to become an species. historical gray wolf range in the endangered species within the Section 4(f) of the Act directs us to southeastern United States). The foreseeable future throughout all or a develop and implement recovery plans Recovery Plan was based on the best significant portion of its range; and for listed entities: Species, subspecies, available information on wolf taxonomy Species—includes any subspecies of or DPS. In some cases, we appoint at the time of its original publication fish or wildlife or plants, and any recovery teams of experts to assist in the and subsequent revision. Since the distinct population segment of any writing of recovery plans and to provide publication of those recovery plans, species of vertebrate fish or wildlife advice to the Service on subsequent various studies have produced which interbreeds when mature. (For recovery efforts. Recovery plans contain conflicting results regarding the identity further information on DPSs, see our criteria that trigger our consideration of of the wolf that historically occupied February 7, 1996, DPS policy (61 FR the need to either reclassify (from the eastern States. Because this conflict 4722) or the April 1, 2003, final gray endangered to threatened) a species due is still unresolved, this recovery wolf reclassification rule (68 FR 15804)). to improvements in its status or to delist program has continued its original focus Understanding the Service’s strategy the species due to its recovery under the on recovering the gray wolf population for gray wolf recovery also requires an Act. Reclassification and recovery that survived in, and has expanded understanding of the meaning of criteria are based on factors that can be outward from, northeastern Minnesota, ‘‘recover’’ and ‘‘conserve’’ under the measured or otherwise objectively regardless of its subspecific identity. Act. ‘‘Conserve’’ is defined in the Act evaluated to document improvements in (See the Taxonomy of Gray Wolves in itself (section 3(3)) whereas ‘‘recovery’’ a species’ status. Examples of the type the Northeastern United States section is defined in the Act’s implementing of criteria typically used are numbers of above). regulations at 50 CFR 402.02. individuals, numbers and distribution Conserve—defined, in part as ‘‘the use of subgroups or populations of the G. Recovery of the Eastern Gray Wolf of all measures and procedures which species, rates of productivity of The 1978 and the 1992 revised are necessary to bring any endangered individuals or populations, protection Recovery Plans each have two delisting species or threatened species to the of habitat, and reduction or elimination criteria. The first delisting criterion point at which the measures provided of specific threats to the species and its states that the survival of the wolf in pursuant to this Act are no longer habitat. Minnesota must be assured. We, and the necessary.’’ We initiated recovery programs for Eastern Timber Wolf Recovery Team Recovery—improvement in the status the originally listed gray wolf (Rolf Peterson, Eastern Timber Wolf of listed species to the point at which subspecies by appointing recovery Recovery Team, in litt. 1997, 1998, listing is no longer appropriate under teams and developing and 1999a, 1999b), believe that this first the criteria set out in section 4(a)(1) of implementing recovery plans. In delisting criterion remains valid. It the Act. Essentially, ‘‘recover’’ and addition to containing the criteria to identifies a need for reasonable ‘‘conserve’’ both mean to bring a species assess a species’ progress toward assurances that future State, tribal, and

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Federal wolf management practices and areas, because recovery efforts for the only the continuation of research and protection will maintain a viable red wolf were being initiated in those complete protection for these wolves recovered population of gray wolves areas (USFWS 1978, 1992a). The (USFWS 1992a). Unless stated within the borders of Minnesota for the recovery criteria do not suggest that otherwise in this proposal, subsequent foreseeable future. The Recovery Plan’s either the restoration of the gray wolf discussions of Michigan wolves do not subgoal for Minnesota is 1,251 to 1,400 throughout all or most of its historical refer to wolves on Isle Royale. wolves (USFWS 1992a). range in the eastern United States are The second delisting criterion in the necessary to achieve recovery under the Minnesota Recovery Plan states that at least one Act. viable wolf population should be In 1998, the Eastern Timber Wolf During the pre-1965 period of wolf reestablished within the historical range Recovery Team clarified the delisting bounties and legal public trapping, of the eastern timber wolf outside of criterion for the second population (i.e., wolves persisted in the more remote Minnesota and Isle Royale, Michigan. the wolves in northern Wisconsin and northeastern areas of Minnesota, but The Recovery Plan provides two options the adjacent Upper Peninsula of were eliminated from the rest of the for reestablishing this second viable Michigan) (Rolf Peterson, Eastern State. Estimated numbers of Minnesota wolf population. If it is located more Timber Wolf Recovery Team, in litt. wolves before their listing under the Act than 100 miles from the Minnesota wolf 1998). It stated that the numerical in 1974 include 450 to 700 in 1950–53 population, the second population delisting criterion for the Wisconsin- (Fuller et al. 1992, Stenlund 1955), 350 should consist of at least 200 wolves for Michigan population will be achieved to 700 in 1963 (Cahalane 1964), 750 in at least 5 years (based upon late-winter when 6 consecutive late-winter wolf 1970 (Leirfallom 1970), 736 to 950 in population estimates) to be considered surveys documented that the population 1971–72 (Fuller et al. 1992), and 500 to viable. Alternatively, if the second equaled or exceeded 100 wolves 1,000 in 1973 (Mech and Rausch 1975). population is located within 100 miles (excluding Isle Royale wolves) for the 5 Although these estimates were based of a self-sustaining wolf population (for consecutive years between the 6 surveys upon different methodologies and are example, the Minnesota wolf (Rolf Peterson, in litt. 1998). The not directly comparable, each estimates population), a reestablished second Wisconsin-Michigan wolf population pre-listing abundance of wolves in population having a minimum of 100 was first known to have exceeded 100 Minnesota at 1,000 or less. This was the wolves for at least 5 years would be wolves in the late-winter 1993–94 only significant population in the considered viable. survey and the numerical delisting United States outside Alaska during The Recovery Plan does not specify criterion was satisfied in early 1999, those time-periods. where in the eastern United States the based upon late-winter 1998–99 data After the wolf was listed as second population should be (Beyer et al. 2001, Wydeven et al. 1999). reestablished. Therefore, the second The Recovery Plan has no goals or endangered under the Act, population population could be located anywhere criteria for the gray wolf population on estimates in Minnesota indicated within the triangular Minnesota-Maine- 546 km2 (210 mi2) Isle Royale, increasing numbers in the State (see Florida area covered by the Recovery Michigan. The wolf population of Isle Table 1 below). L. David Mech Plan, except on Isle Royale (Michigan) Royale National Park, Michigan, is not estimated the population to be 1,000 to or within Minnesota. The 1978 considered to be an important factor in 1,200 in 1976 (USFWS 1978); Berg and Recovery Plan identified potential gray the recovery or long-term survival of Kuehn (1982) estimated that there were wolf restoration areas throughout the wolves in the EDPS. This population is 1,235 wolves in 138 packs in the winter eastern United States, including small, varying from 12 to 29 animals of 1978–79. In 1988–89, the Minnesota northern Wisconsin and Michigan and over the last 20 years, and is almost Department of Natural Resources (MN extending as far south as the Great completely isolated from other wolf DNR) repeated the 1978–79 survey and Smoky Mountains and adjacent areas in populations (Peterson et al. 1998, pers. also used a second method to estimate Tennessee, North Carolina, and Georgia. comm. 1999, Peterson and Vucetich wolf numbers in the State. The resulting The revised 1992 Recovery Plan, 2004). For these reasons, the Eastern independent estimates were 1,500 and however, dropped from consideration Plan does not include these wolves in 1,750 wolves in at least 233 packs the more southern potential restoration its recovery criteria and recommends (Fuller et al. 1992).

TABLE 1.—GRAY WOLF POPULATION IN MINNESOTA, WISCONSIN, AND MICHIGAN FROM 1976 THROUGH 2004 [Note that there are several years between the first three Minnesota surveys.]

Year Minnesota Wisconsin Michigan

1976 ...... 1,000–1,200 ...... 1978–79 ...... 1,235 ...... 1988–89 ...... 1,500–1,750 ...... 1993–94 ...... 57 57 1994–95 ...... 83 80 1995–96 ...... 99 116 1996–97 ...... 148 112 1997–98 ...... 2,445 ...... 178 140 1998–99 ...... 205 174 1999–2000 ...... 248 216 2000–01 ...... 257 249 2001–02 ...... 327 278 2002–03 ...... 335 321 2003–04 ...... Pending* ...... 373 360 *Minnesota DNR conducted another survey of the State’s wolf population and range during the winter of 2003–04. A preliminary population es- timate may be available for review by mid-July 2004.

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During the winter of 1997–98, a that its contiguous range covered results of the aerial and ground surveys statewide wolf population and approximately 40 percent of the State are carefully compared to properly distribution survey was repeated by MN during 1997–98. separate packs and to avoid over- DNR, using methods similar to those of Minnesota DNR conducted another counting (Wydeven et al. 2003). The the two previous surveys. Field staff of survey of the State’s wolf population number of wolves in each pack is Federal, State, Tribal, and county land and range during the winter of 2003–04 estimated based on the aerial and management agencies and wood using methodology similar to that used ground observations made of the products companies were queried to in 1988–89 and 1997–98 (John Erb, MN individual wolves in each pack over the identify occupied wolf range in DNR, pers. comm. 2003). A preliminary winter. Minnesota. Data from five concurrent population estimate may be available for During the winter of 2002–03, 43 of radio telemetry studies tracking 36 review by mid-July 2004. The final Wisconsin’s 94 wolf packs (46 percent) packs, representative of the entire results of that survey will be posted on had members carrying active radio Minnesota wolf range, were used to our web site (http://midwest/fws.gov/ transmitters much of the season. Thirty- determine average pack size and wolf) as soon as they are available. nine of the 66 monitored wolves were territory area. Those figures were then Those results will be used in our final located 20 or more times during the used to calculate a statewide estimate of decision on this proposal. mid-September to mid-April period, providing excellent information on pack numbers and the overall wolf Wisconsin population in the occupied range, with home range boundaries and pack single (non-pack) wolves factored into Wolves were considered to have been territory size (Wydeven et al. 2003). the estimate (Berg and Benson 1999). extirpated from Wisconsin by 1960. No Minimum wolf population estimates The 1997–98 survey concluded that formal attempts were made to monitor (late-winter counts) for 1994 through approximately 2,445 wolves existed in the State’s wolf population from 1960 2003 increased from 57 to 335 animals, about 385 packs in Minnesota during until 1979. From 1960 through 1975, comprising 14 to 94 packs respectively that winter period. This figure indicates individual wolves and an occasional (Wydeven et al. 2003) (see Table 1 the continued growth of the Minnesota wolf pair were reported. There is no above). An estimated 373 to 410 wolves wolf population at an average rate of documentation, however, of any wolf in 109 packs, including 12 wolves on about 3.7 percent annually. The reproduction occurring in Wisconsin, Native American reservations, were in Minnesota wolf population has shown and the wolves that were reported may the State in 2004, representing an 11 approximately this average annual rate have been dispersing animals from percent increase from 2003 (WI DNR of increase since 1970 (Berg and Benson Minnesota. 2004). 1999, Fuller et al. 1992). No rigorous Wolf population monitoring by the WI Because the monitoring methods survey of the Minnesota wolf DNR began in 1979 and estimated a focus on wolf packs, it is believed that population has been conducted since statewide population of 25 wolves at lone wolves are undercounted in the winter of 1997–98, but biologists that time. This population remained Wisconsin, and, as a result, these generally accept that the population has relatively stable for several years, then population estimates are probably slight increased (Mech 1998, Paul 2001). declined slightly to approximately 15 to underestimates of the actual wolf As wolves increased in abundance in 19 wolves in the mid-1980s. In the late population within the State during the Minnesota, they also expanded their 1980s, the Wisconsin wolf population late-winter period. Also, these estimates distribution. During 1948–53, the major began an increase that has continued are made at the low point of the annual wolf range was estimated to be about into 2004. wolf population cycle—late-winter 31,080 km 2 (11,954 mi 2) (Stenlund Wisconsin DNR intensively surveys surveys produce an estimate of the wolf 1955). A 1970 questionnaire survey its wolf population annually using a population at a time when most winter resulted in an estimated wolf range of combination of aerial, ground, and mortality has already occurred, but the 38,400 km 2 (14,769 mi 2) (calculated by satellite radio telemetry, complemented birth of pups has yet to take place. The Fuller et al. 1992 from Leirfallom 1970). by snow tracking and wolf sign surveys wolf population increases dramatically Fuller et al. (1992), using data from Berg (Wydeven et al. 1995, 2003). Wolves are when pups are born, then decreases and Kuehn (1982), estimated that trapped from May through September rapidly due to pup mortality, and with Minnesota primary wolf range included and fitted with radio collars, with a goal a subsequent slower decline as other 36,500 km 2 (14,038 mi 2) during winter of having at least one radio-collared mortality factors continue throughout 1978–79. By 1982–83, pairs or breeding wolf in about half of the wolf packs in the year. Thus, Wisconsin wolf packs of wolves were estimated to Wisconsin. Aerial locations are obtained population estimates are conservative in occupy an area of 57,050 km 2 (22,000 from each functioning radio collar about two respects: they undercount lone mi 2) in northern Minnesota (Mech et al. once per week, and pack territories are wolves and the count is made at the 1988). That study also identified an estimated from the movements of the annual low point of the population. additional 40,500 km 2 (15,577 mi 2) of individuals who exhibit localized However, the recovery criteria peripheral range, where habitat patterns. From December through established in 1992 are consistent with appeared suitable but no wolves or only March, the pilots make special efforts to existing methodology, establishing lone wolves existed. The 1988–89 study visually locate and count the individual numerical criteria based on late-winter produced an estimate of 60,200 km 2 wolves in each radio-tracked pack. surveys. (23,165 mi 2) as the contiguous wolf Snow tracking is used to supplement In 1995, wolves were first range at that time in Minnesota (Fuller the aerial sighting-based counts and to documented in Jackson County, et al. 1992), an increase of 65 percent provide pack size estimates for packs Wisconsin, an area well to the south of over the primary range calculated for lacking a radio-collared wolf. Tracking the northern Wisconsin area occupied 1978–79. The 1997–98 study concluded is done by assigning survey blocks to by other Wisconsin wolf packs. The that the contiguous wolf range had trackers who then drive snow-covered number of wolves in this central expanded to 88,325 km 2 (33,971 mi 2), roads in their blocks and follow all wolf Wisconsin area has dramatically a 47 percent increase in 9 years (Berg tracks they encounter. Snowmobiles are expanded since that time. During the and Benson 1999). Thewolf population used to locate wolf tracks in more winter of 2003–04, there were in Minnesota had recovered to the point remote areas with low road density. The approximately 57 wolves in 16 to 17

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packs in central Wisconsin (Wydeven Peninsula is divided into seven Although there have been reports of pers. comm. 2004). monitoring zones, and specific wolf sightings in the Lower Peninsula of During the winter of 2002–03, 7 surveyors are assigned to each zone. Michigan, including a winter 1997 wolves occurred on Native American Pack locations are derived from report of 2 large canids believed to be reservations in Wisconsin (Wydeven et previous surveys, citizen reports, and wolves on the ice west of the Mackinaw al. 2003), and this increased to 12 ground and aerial tracking of radio- Bridge, there is no evidence that there wolves in the winter of 2003–04 (WI collared wolves. During the winter of are resident wolves in the Lower DNR 2004). These animals were on the 2002–03 at least 68 wolf packs were Peninsula. Recognizing, however, the Bad River (10) and Lac Courte Oreilles resident in the Upper Peninsula. likelihood that small numbers of gray Reservations (2) (Wydeven in litt. 2004). Approximately 30 to 35 percent of these wolves will eventually move into the There also is evidence of individual packs had members with active radio- Lower Peninsula, MI DNR has begun a wolves on the Lac du Flambeau and tracking collars (Dean Beyer, MI DNR, revision of its Wolf Management Plan to Menominee Reservations, with a high pers. comm. 2004). Care is taken to incorporate provisions for wolf likelihood of wolf packs developing on avoid double-counting packs and management there. these reservations in the near future individual wolves, and a variety of When the wolf population estimates (Wydeven pers. comm. 2002). evidence is used to distinguish adjacent of Wisconsin and Michigan are Additionally, the Red Cliff and packs and accurately count their combined, the total population has Stockbridge-Munsee Reservations and members (Beyer et al. 2003). Surveys exceeded the second population scattered Potawatomi and Ho-Chunk along the border of adjacent monitoring recovery goal of 200 wolves for 5 lands will likely support wolves in the zones are coordinated to avoid double- consecutive years for a geographically near future (Wydeven in litt. 2003). counting of wolves and packs occupying isolated wolf population. The two-State In 2002, wolf numbers in Wisconsin those border areas. In areas with a high wolf population, excluding Isle Royale alone surpassed the goal for a second density of wolves, ground surveys by wolves, has exceeded 200 wolves since population, as identified in the four to six surveyors with concurrent late-winter 1995–96. Recovery Plan (i.e., 100 wolves within aerial tracking are used to accurately Northeastern United States 100 miles for a minimum of 5 identify adjacent packs and count their consecutive years, as measured in 6 members (Potvin et al. submitted). Wolves were extirpated from the consecutive late-winter counts). The From 1994 through 2003, annual northeastern United States by 1900. Few Wisconsin wolf population continues to surveys have documented minimum credible observations of wolves were increase, although the slower rates of late-winter estimates of wolves reported in the Northeast during most of increase seen in the 2001 and 2003 occurring in the Upper Peninsula as the 20th century. There has been a small surveys (3.6 and 2.4 percent, increasing from 57 wolves in 1994 to number of remains or salvages of either respectively, above the previous year) 321 in 2003 (see Table 1 above). Over wolves or wolf-like canids in the may be the first indications that the the last 10 years the annualized rate of northeastern United States since 1993. State’s wolf population growth and increase has been 27 percent (MI DNR Observations of ‘‘wolves’’ cannot be geographic expansion are beginning to 1997, 1999a, 2001, 2003). In 2004, the verified without physical evidence, level off. The much higher rates of late winter population was at least 360 because wolves may be confused with growth seen in 2000 and 2002 (20.9 and wolves, up 12 percent from last year (MI other canids such as large eastern 27.2 percent, respectively), however, DNR 2004b). The Michigan Upper coyotes, wolf-dog hybrids, and large indicate that it is too soon to conclude Peninsula wolf population by itself has domestic and feral dogs. As mentioned that wolf numbers in Wisconsin have surpassed the recovery goal for a second earlier and in the final reclassification reached a plateau. Over the last 10 population of 100 wolves within 100 rule (68 FR 15804), gray wolf-dog years, the Wisconsin wolf population miles for a minimum of 5 consecutive hybrids are not provided protection of grew at an annualized rate of 24 percent. years (6 late-winter estimates), as the Act, regardless of the geographic specified in the Recovery Plan. location of the capture of their pure wolf Michigan In 2003–04, no wolf packs were ancestors. Therefore, only recent wolf or Michigan wolves were extirpated as a known to be primarily using tribal- wolf-like canid remains in the reproducing population long before they owned lands in Michigan (Beyer pers northeastern United States and adjacent were listed as endangered in 1974. Prior comm. 2004). Native American tribes in Quebec are summarized here. to 1991, and excluding Isle Royale, the the Upper Peninsula of Michigan own Recent reports and analyses last known breeding population of wild small, scattered blocks of land. As such, confirmed the presence of four wolf-like Michigan wolves occurred in the mid- no one tribal property would likely canids in the northeastern United States 1950s. As wolves began to reoccupy support a wolf pack. However, as and one in Canada just north of the northern Wisconsin, the MI DNR began wolves occur in all counties in the United States border. Three of these noting single wolves at various locations Upper Peninsula and range widely, wolves (including the Canadian wolf) in the Upper Peninsula of Michigan. In tribal land is likely utilized periodically were determined to be gray wolves, the late 1980s, a wolf pair was verified by wolves. whereas the other two have been found in the central Upper Peninsula, and it As mentioned previously, the wolf to be hybrids of various lineages. Of the produced pups in 1991. Since that time, population of Isle Royale National Park, three gray wolf-like canids, two showed wolf packs have spread throughout the Michigan, is not considered to be an genetic linkages with wolves in Upper Peninsula, with immigration important factor in the recovery or long- Canada’s Algonquin Provincial Park occurring from both Wisconsin on the term survival of wolves in the EDPS. area. However, there is no evidence of west and Ontario on the east. They now This small and isolated wolf population the presence of a self-sustaining wolf are found in every county of the Upper is not expected to make a significant population in the northeastern United Peninsula. numerical contribution to gray wolf States. The MI DNR annually monitors the recovery, although long-term research In 1993, a 63-pound female canid was wolf population in the Upper Peninsula on this wolf population has added a killed in northwestern Maine. The by intensive late-winter tracking surveys great deal to our knowledge of the Maine Department of Inland Fisheries that focus on each pack. The Upper species. and Wildlife concluded that this animal

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was of captive origin because it atypical in shape for either a coyote or southwestward in the State have led to reportedly visited a campsite the day a wolf. Dr. Chambers also noted that its an increase in dispersing, mostly young before its death. The Service, however, teeth were not typical for a wild canid wolves that have been documented in found no evidence that this animal was and more consistent with that of a North and South Dakota in recent years. captive held and determined it to be a domestic dog. The Service’s Ashland No surveys have been conducted to gray wolf (consistent with DNA from an forensic lab, however, recently document the number of wolves present Algonquin Provincial Park area wolf). completed mitochondrial DNA and in North Dakota or South Dakota. The The animal was tested for distemper nuclear DNA analyses on this animal North Dakota Fish and Game vaccine and evidence of vaccination and determined that it was a gray wolf. Department (Phil Mastrangelo pers. was not found. Additionally, it had No evidence was found to indicate that comm. 2004), USDA Wildlife Services calloused foot pads typical of a wild the animal was of captive origin. (John Paulson pers. comm. 2004), and animal. In 2002, a 64-pound male, wolf-like the Service estimate the number of In 1996, an 86-pound male canid was canid was trapped and killed north of wolves in North Dakota to be 10 to 20 killed in Aurora, Maine. The Service the United States border near Sante- animals; in South Dakota, single wolves conducted a genetic evaluation to Marguerite-de-Lingwick in southern have been sighted, but no resident establish species identity, which was Quebec Province, Canada. wolves have been documented. inconclusive. Canadian geneticist Dr. Mitochondrial DNA samples were An examination of skull morphology Brad White (in litt. 1999) states that, consistent with Canis l. lycaon/C. of North and South Dakota wolves based on his analysis, the animal latrans and the microsatellite genotype indicates that of eight examined, seven appeared 75 percent southeastern showed 95 percent ancestry with likely had dispersed from Minnesota; Canadian wolf (lycaon type) and 25 Eastern wolves from Algonquin the eighth probably came from percent coyote. The animal tested Provincial Park (Villemure and Jolicoeur Manitoba, Canada (Licht and Fritts negative for routine vaccinations, submitted 2003). The authors describe 1994). Genetic analysis of an additional exhibited worn foot pads, had beaver this animal as the first confirmed gray wolf killed in 2001 in extreme remains in its stomach, and otherwise occurrence of a wolf, C. Lupus, [in northwestern South Dakota indicates appeared to be of wild origin. The Canada] south of the St. Lawrence River that it, too, originated from the Maine Department of Inland Fisheries in over 100 years. Minnesota-Wisconsin-Michigan wolf and Wildlife initially referred to this For the past decade, the Service, the population (Straughan and Fain 2002). canid as a ‘‘probable wolf,’’ but State of Maine, the National Wildlife Additionally, wolves from the subsequently described it as a coyote (K. Federation, and several other private Minnesota-Wisconsin-Michigan Elowe, in litt. August 2003). In 1997, the organizations have conducted surveys population are traveling to other States Maine Department of Inland Fisheries and responded to sightings of large in the EDPS. In October 2001, a wolf and Wildlife placed infrared cameras at canids in an attempt to document the was killed in north-central Missouri by carcasses and conducted howling presence of wolves or wolf-like canids a farmer who stated that he thought it surveys in this area. No further evidence in the northeastern United States. These was a coyote. The wolf’s ear tag of other large canids was obtained. We efforts have not documented the identified it as having originated from concluded that this animal was a hybrid occurrence of wolves or wolf-like canids the western portion of Michigan’s Upper between a coyote and southeastern in addition to those discussed above, Peninsula, where it had been captured Canadian wolf. nor have they found evidence that a as a juvenile in July 1999. Another wolf In 1997, a 72-pound canid was shot in population of wolves is breeding in the was shot and killed in Marshall County, Glover, Vermont. Samples were sent to northeastern United States. Illinois, in December 2002, and in that three labs for genetic analyses: The While the northeastern United States same month a wolf was mistaken for a Service’s lab in Ashland, Oregon; the may contain a large area of historical coyote and shot near Spalding, University of California at Los Angeles range not currently occupied by Nebraska. A fourth Great Lakes wolf was (UCLA); and the Wildlife Forensic DNA breeding wolves, recovery of the EDPS found dead in Randolph County in east- Lab at MacMaster University in Ontario, is not contingent on a secure population central Indiana (about 12 miles from the Canada. Thus far, results from UCLA of wolves being established in this area. Ohio border) in June 2003. That wolf indicate that the canid’s mitochondrial It is appropriate to delist the EDPS even originated in Jackson County, DNA match that of a wolf (Canis lupus if a substantial amount of the historical Wisconsin. lycaon); however, because this analysis range remains unoccupied if the Wolf dispersal is expected to continue only identifies maternal ancestry, it population in its current range is as wolves travel from the core recovery does not rule out the possibility that the recovered. For this reason, we believe populations into areas where wolves are animal may have been sired by a coyote that gray wolf recovery in the eastern extremely sparse or absent. Unless they or domestic dog. In contrast, the United States has been achieved by return to a core recovery population and Service’s Ashland lab typed the animal restoring the species to its core areas join or start a pack there, they are using mitochondrial DNA as coyote, within the EDPS, consisting of unlikely to contribute to wolf recovery. whereas the nuclear DNA suggests Minnesota, Wisconsin, and Michigan. Although it is possible for them to coyote/Alaskan malamute dog. The Although we believe that additional encounter another wolf, mate, and Service concluded that the animal was wolf restoration is not necessary within reproduce outside the core wolf areas, likely of hybrid origin. the eastern United States before the lack of large expanses of In 2001, a male animal reported to be delisting the EDPS, delisting will not unfragmented public land will make it 85 pounds was killed in Day (near preclude States and Tribes from difficult for wolf packs to persist in Edinburg), Saratoga County, New York. undertaking additional wolf restoration these areas. The skin, carcass, and skull were programs. Gray wolf recovery in the eastern examined by Dr. Robert Chambers United States has been achieved by (formerly of the College of Other Areas in the Eastern DPS restoring the species to its core recovery Environmental Science and Forestry The increasing numbers of wolves in areas within the EDPS, consisting of and authority on New York coyotes), Minnesota and the accompanying Minnesota, Wisconsin, and Michigan, to who reported that the animal’s head was expansion of their range westward and the point where it is not in danger of

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extinction now or in the foreseeable for redundancy and resiliency for representation of that genetic diversity future. We do not need to recover the nonmotile organisms, species of limited among gray wolves in the eastern wolf in other areas of the eastern United range (for example, island or insular United States. Furthermore, the Eastern States to delist the EDPS. Once species), or those species restricted to Team specified that the Minnesota wolf protection of the Act is removed, States linear features of the environment population should increase to 1,250– and Tribes may undertake additional (stream or shoreline species) should be 1,400 animals, which would increase wolf recovery programs if they are expected to result in recovery goals that the likelihood of maintaining its genetic interested. The Service does not intend are quite different from goals developed diversity over the long term, and would to undertake any additional wolf for habitat generalist, widely provide the resiliency to reduce the recovery efforts within the States that distributed, and/or highly mobile adverse impacts of unpredictable are part of the EDPS, before or after species like the gray wolf. chance demographic and environmental delisting. We may, however, provide events. The Minnesota wolf population I. Application of Conservation Biology technical assistance to States and tribes currently is estimated to be double that Principles to the Eastern Gray Wolf DPS who wish to develop wolf recovery numerical goal. plans beyond those that have already In this proposed rule, we evaluate the The Eastern Team members been undertaken. current conditions and the conditions in recognized the need for redundancy, the foreseeable future to determine and specified that this need be H. Principles of Conservation Biology whether the DPS still warrants listing accomplished by establishing a second Representation, resiliency, and under the Act. This includes an population of gray wolves in the eastern redundancy are three principles of assessment of progress made to date United States. They identified several conservation biology that are generally toward the recovery of the Eastern Gray potential locations for the second recognized as being necessary to Wolf DPS. Because the wolf currently population, including Wisconsin, conserve the biodiversity of an area resides in only a portion of the DPS, we Michigan, northern New York, and (Shaffer and Stein 2000). These will determine if recovery has been northern Maine. To ensure that the principles apply when establishing achieved across a significant portion of second population also had sufficient goals for individual species’ recovery the DPS to ensure long-term viability in resiliency to survive normal and under the Act. the DPS. We use the principles of unexpected variations in population The principle of representation is the conservation biology discussed above size, the Eastern Team specified a need to preserve ‘‘some of all and focus on the size, number, minimum size for the second available’’—every species, every habitat, composition, distribution, and threats to population that would have to be and every biotic community—so wolves in the EDPS to answer the maintained for a minimum of 5 years. If biodiversity can be maintained. At the following key question: is the gray wolf the second population was isolated from species level, it also calls for preserving in danger of extinction, or likely to the larger Minnesota population, the the genetic diversity that remains within become so in the foreseeable future, recovery criteria requires that the a species to maximize its ability to adapt throughout all or a significant portion of second population contain at least 200 to its environment. its range within the EDPS? wolves for a minimum of 5 years. If, Redundancy and resiliency both deal The original Recovery Plan for the however, the second population were with preserving ‘‘enough to last,’’ but Eastern Timber Wolf and the 1992 near (i.e., less than 100 miles from) the they address it at distinctly different revision of that plan (USFWS 1978, Minnesota population, the two levels. Redundancy addresses the need 1992a) included criteria to identify populations would function as a for a sufficient number of populations of whether long-term population viability ‘‘metapopulation’’ rather than as two a species, whereas resiliency deals with of gray wolves would be assured in the separate and isolated populations; in the necessary size and geographic range eastern United States. The 1978 that case the second population would of individual populations necessary to Recovery Plan embodied conservation be viable if it maintained 100 wolves for ensure the species’ persistence over biology tenets in its recovery criteria at least 5 years. Wolf populations near time. Resiliency increases in relation to that the 1992 revised recovery plan Minnesota were likely to be viable at the geographic range of a population. carried forward. The Eastern Timber this smaller size due to the potential Therefore, populations with a broad Wolf Recovery Team (Eastern Team) immigration of wolves from Minnesota. geographic range are more likely to reviewed these criteria in 1997 and Such a second wolf population has persist in the face of environmental found them to be adequate and developed in Wisconsin and the changes and other threats to their sufficient to ensure long-term adjacent Upper Peninsula of Michigan. existence. The redundancy provided by population viability (Peterson in litt. This second population is less than 200 multiple populations of a species 1997). miles from the Minnesota wolf provides additional assurances for its The principles of representation, population, and it has had a late-winter survival. For example, a threat to one resiliency, and redundancy are fully population exceeding 100 animals since population may not affect other incorporated into the recovery criteria 1994. populations. If that threat leads to the developed by the Eastern Team. The number of wolves in the EDPS extirpation of a population, the species Maintenance of the Minnesota wolf greatly exceeds the recovery criteria would still persist due to the occurrence population is vital because the (USFWS 1992a) for (1) a secure wolf of more than one population that was remaining genetic diversity of gray population in Minnesota and (2) a not affected by the same set of factors. wolves in the eastern United States was second population of 100 wolves for 5 Due to the vast array of life forms that carried by the several hundred wolves successive years; thus, based on the are potentially subject to the protections that survived in the State into the early criteria set by the recovery team in 1992, of the Act and the variety of physical, 1970s. The Eastern Team insisted that the DPS contains sufficient numbers biological, and cultural factors acting on the remnant Minnesota wolf population and distribution (resiliency and them, these three principles should be be maintained and expanded to achieve redundancy) to ensure the long-term applied on a species-by-species basis to wolf recovery in the eastern United survival of gray wolves within the DPS. determine the appropriate recovery States, and the successful growth of that The wolf’s numeric and distributional goals. For example, addressing the need remnant population has maximized the recovery in the EDPS has been achieved.

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Next we will consider whether the A. The Present or Threatened may result in the expansion of the significant reduction or removal of Destruction, Modification, or population’s range when the wolves threats to the gray wolf’s continued Curtailment of Its Habitat or Range locate areas with sufficient prey and existence within the DPS demonstrates A popular perception is that wolves potential mates and where human- that the species is not likely to become inhabit only remote portions of pristine caused mortality is not too high to in danger of extinction nor likely to forests or mountainous areas, where preclude their persistence. become an endangered species within human developments and other Wolf research and the expansion of the foreseeable future throughout all or activities have produced negligible wolf range over the last three decades a significant portion of its range within change to the natural landscape. Their have shown that wolves can the DPS. extirpation south of Canada and Alaska, successfully occupy a wide range of habitats, and they are not dependent on except for the heavily forested portions Summary of Factors Affecting the wilderness areas (i.e., areas essentially of northeastern Minnesota, reinforced Species free of human disturbance) for their this popular belief. Wolves, however, Section 4 of the Endangered Species survival (Mech 1995). In the past, gray survived in those areas not because Act and regulations (50 CFR Part 424) wolf populations occupied nearly every those were the only places with the promulgated to implement the listing type of habitat north of mid-Mexico that necessary habitat conditions, but provisions of the Act set forth the contained large ungulate prey species, because only in those remote areas were procedures for listing, reclassifying, and including bison, elk, white-tailed deer, they sufficiently free of the human delisting species. Species may be listed mule deer, moose, and woodland persecution that elsewhere killed as threatened or endangered if one or caribou. An inadequate prey density more of the five factors described in wolves faster than the species could and a high level of human persecution section 4(a)(1) of the Act threaten the reproduce (Mech 1995). apparently are the only factors that limit In the upper Great Lakes region, continued existence of the species. A wolf distribution (Mech 1995). wolves in the densely forested species may be delisted, according to 50 Therefore, virtually any area that has northeastern corner of Minnesota have CFR 424.11(d), if the best scientific and sufficient prey and adequate protection expanded into the more agricultural commercial data available substantiate from human-caused mortality could be portions of central and northwestern that the species is neither endangered considered potential gray wolf habitat. nor threatened because of (1) extinction, Minnesota, northern and central Wisconsin and the Upper Peninsula (2) recovery, or (3) error in the original Wisconsin, and the entire Upper of Michigan contain large tracts of wolf data, or the data analysis, used for Peninsula of Michigan. Habitats habitat, estimated at 15,052 km2 (5,812 classification of the species. A currently being used by wolves span the mi2) and 29,348 km2 (11,331 mi2), determination of recovery must be based broad range from the mixed hardwood- respectively (Mladenoff et al. 1995; WI upon the same five threat factors coniferous forest wilderness area of DNR 1999a). In those States, much of specified in section 4(a)(1). northern Minnesota, through sparsely the suitable habitat is on public lands For species that are being considered settled, but similar habitats in (national, State, and county forest for delisting, this analysis of threats is Michigan’s Upper Peninsula and lands). primarily an evaluation of the threats northern Wisconsin, and into more Hearne et al. (2003), determined that that would, with a reasonable degree of intensively cultivated and livestock- a viable wolf population (that is, having likelihood, affect the species in the producing portions of central and less than 10 percent chance of foreseeable future after its delisting and northwestern Minnesota and central extinction over 100 years) should the consequent removal of the Act’s Wisconsin; wolves even approach the consist of at least 175 to 225 wolves, protections. This may include currently fringes of the St. Paul, Minnesota, and and they modeled various likely existing threats whose impacts are Madison, Wisconsin, suburbs. Wolves scenarios of habitat conditions in the sufficiently low so that recovery has also travel from Minnesota into the Upper Peninsula of Michigan and been achieved despite their impacts; or agricultural landscape of North and northern Wisconsin through the year they may be threats that are no longer South Dakota in increasing numbers 2020 to determine whether future existent, but that may have significant (Licht and Fritts 1994, Straughan and conditions would support a wolf adverse effects after delisting. Although Fain 2002). Similarly, a radio-collared population of that size. Most scenarios the latter threats are more difficult to wolf from the Upper Peninsula of of future habitat conditions resulted in identify and evaluate, their potential Michigan was recently mistaken for a viable wolf populations in each State impacts may preclude the long-term coyote and killed in north-central through 2020. When the model analyzed viability of a species. Missouri, presumably traveling through the future conditions in the two States Our evaluation of the threats to the expanses of agricultural land along the combined, all scenarios produced a gray wolf in the EDPS—especially those way (Missouri Department of viable wolf population through 2020. threats to wolves in the core recovery Conservation 2001). A wolf originating Three comparable surveys of wolf areas that would occur after removal of from the Minnesota-Wisconsin- numbers and range in Minnesota have the protections of the Act—is Michigan population was shot and been carried out since 1979. These substantially based on the wolf killed in central Illinois, and a young surveys estimated that there were 1,235, management plans and assurances of wolf from central Wisconsin was shot in 1,500–1,750, and 2,445 wolves in the States and Tribes. If the gray wolf is extreme eastern Indiana, and likely Minnesota in 1979, 1989, and 1998, federally delisted, State and Tribal traveled through areas of heavy human respectively (Berg and Kuehn 1982, management plans will be the major use as it journeyed south and east Fuller et al. 1992, Berg and Benson determinant of wolf protection, will set around the highly developed land 1999) (see Table 1 above). Based on and enforce limits on human take of bordering the southern tip of Lake these surveys, wolf numbers in wolves (e.g., for depredation control), Michigan. Similar long-distance Minnesota increased at annual rates of and will determine the overall movement of wolves is expected to about 3 percent between 1979–89 and regulatory framework for the continue from core areas as these by about 4 to 5 percent between 1989– conservation and/or exploitation of gray animals attempt to disperse into 98. As of the 1998 survey, the number wolves. unoccupied areas. These movements of wolves in Minnesota was

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approximately twice the planning goal of wolves in Minnesota while wolf management zones 1 through 4 (an for Minnesota, as specified in the addressing wolf-human conflicts that approximately 30,000 mi2 area in Eastern Recovery Plan. (Refer to the inevitably result when wolves and northeastern Minnesota) in the Service’s Recovery of the Eastern Gray Wolf people live in the same vicinity.’’ It Eastern Recovery Plan, whereas Zone B section above, for additional details on establishes a minimum goal of 1,600 constitutes zone 5 in the Eastern the increase in numbers and range of wolves, with provisions to monitor the Recovery Plan. Within Zone A, wolves Minnesota wolves.) population and to take prompt would receive strong protection by the The MN DNR, in cooperation with the corrective action, including habitat State, unless they were involved in MN Department of Agriculture, protection, if wolf numbers drop below attacks on domestic animals. The rules completed a Wolf Management Plan that threshold. The Minnesota Plan governing the take of wolves to protect (Minnesota Plan) in early 2001 (MN divides the State into two wolf domestic animals in Zone B would be DNR 2001). The Minnesota Plan’s stated management zones—Zones A and B (see less protective than in Zone A. goal is ‘‘to ensure the long-term survival Figure 2 below). Zone A corresponds to BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C

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The Wisconsin wolf population has and traditional value to many tribes and guidelines in their management plans increased at an average annual rate of 18 their members (Eli Hunt, Leech Lake that follow the 1992 Recovery Plan’s percent since 1985. Wisconsin had at Tribal Council, in litt. 1998; Mike recommendations for the Eastern least 335 wild gray wolves in early 2003 Schrage, Fond du Lac Resource Timber Wolf (USFWS 1992a). Delisting (Wydeven et al. 2003b), and an Management Division, in litt. 1998a). is not expected to lead to an immediate estimated 373–410 wolves in the State Some Native Americans view wolves as change in these standards and in 2004, an 11 percent increase from competitors for deer and moose, guidelines; in fact, the Regional Forester 2003 (WI DNR 2004). The Michigan wolf whereas others are interested in for U.S. Forest Service Region 9 is population (excluding Isle Royale) has harvesting wolves as a furbearer expected to maintain the classification increased at an average annual rate of (Schrage, in litt. 1998a). Many tribes of the gray wolf as a sensitive species for about 19 percent between 1995 and intend to sustainably manage their at least 5 years after Federal delisting 2002 and the 2003 wolf population was natural resources, wolves among them, (Regional Forester, U.S. Forest Service, at least 321 wolves (Huntzinger et al. to ensure that they are available to their in litt. 2003). The continuation of 2003). The early 2004 wolf population descendants. Traditional natural current national forest management was at least 360 wolves, up 12 percent resource harvest practices, however, practices will be important in ensuring from last year (MI DNR 2004b). Wolf often include only a minimum amount the long-term viability of gray wolf survey methods in both States focus on of regulation by the tribal government populations in Minnesota, Wisconsin, wolf packs and may miss many lone (Hunt in litt. 1998). and Michigan. individuals, thus underestimating the To retain and strengthen cultural Gray wolves regularly use four units actual wolf populations. It is safe to say, connections, some tribes oppose of the National Park System in the EDPS however, that the combined gray wolf unnecessary killing of wolves on and may occasionally use three or four population in the two States (excluding reservations and on ceded lands, even if other units. Although the National Park Isle Royale, MI) was over 700 animals in wolves were to be delisted in the future. Service (NPS) has participated in the late-winter 2003–04. For example, because of the strong development of some of the State wolf Final State wolf management plans cultural significance of the wolf to their management plans in this area, NPS is for Michigan and Wisconsin have culture, the Ojibwe people support its not bound by States’ plans. Instead, the identified habitat protection as one of protection (James Schlender, Great NPS Organic Act and the NPS their top priorities for maintaining a Lakes Indian Fish and Wildlife Management Policy on Wildlife viable wolf population. Both State wolf Commission, in litt. 1998). (For detailed authorize the agency to conserve natural management plans emphasize the need discussion on tribal management of and cultural resources and the wildlife to manage human access to wolf areas wolves in the EDPS, see the Summary present within the parks. Generally, by avoiding increasing road densities, of Factors Affecting the Species section, National Park Service management protecting habitat corridors between factor ‘‘D. The adequacy or inadequacy policies require that native species be larger tracts of wolf habitat, avoiding of existing regulatory mechanisms’’ protected against harvest, removal, disturbance and habitat degradation in section, below.) destruction, harassment, or harm the immediate vicinity of den and Although no tribes have completed through human action, although certain rendezvous sites, and maintaining wolf management plans, based on parks may allow some harvest in adequate prey species for wolves by communications with tribes and tribal accordance with State management suitable habitat and prey harvest organizations, wolves are likely to be plans. Management emphasis in regulations. adequately protected on tribal lands. National Parks after delisting would Both the Michigan Plan and the Furthermore, the numerical recovery continue to minimize the human Wisconsin Plan establish wolf criteria in the Recovery Plan would be impacts on wolf populations. Thus, population goals that exceed the viable achieved (based on the numbers and because of their responsibility to population threshold identified in the range of off-reservation wolves) even preserve all wildlife, units of the Federal recovery plan for isolated wolf without the protection of wolves on National Park System can be more populations, that is, a population of 200 tribal lands. protective of wildlife than are State or more wolves for 5 consecutive years Federal Lands plans and regulations. In the case of the (USFWS 1992a). Each State adopted this gray wolf, the NPS Organic Act and NPS ‘‘isolated population’’ approach to National forests, and the prey species policies will continue to provide ensure the continued existence of a found in their various habitats, are protection even after Federal delisting viable wolf population within its important to wolf conservation and has occurred. borders regardless of the condition or recovery in the core areas of the EDPS. Voyageurs National Park, along existence of wolf populations in There are five national forests with Minnesota’s northern border, has a land adjacent States or Canada. (For more resident wolves (Superior, Chippewa, base of nearly 882 km2 (340 mi2). There information on State Management Plans, Chequamegon-Nicolet, Ottawa, and are 40 to 55 wolves within 7 to 11 packs see the Summary of Factors Affecting Hiawatha National Forests) in that exclusively or partially reside the Species section, factor ‘‘D. The Minnesota, Wisconsin and Michigan. within the park. Management and adequacy or inadequacy of existing Their wolf populations range from protection of wolves in the park is not regulatory mechanisms’’ section, approximately 20 on the Nicolet portion likely to change after delisting. The below.) of the Chequamegon-Nicolet National park’s management policies require that Forest in northeastern Wisconsin to an ‘‘native animals will be protected Tribal Lands estimated 300–400 on the Superior against harvest, removal, destruction, Native American tribes and multi- National Forest in northeastern harassment, or harm through human tribal organizations have indicated to Minnesota. Nearly half of the wolves in action.’’ To reduce human disturbance, the Service that they will continue to Wisconsin currently use the temporary closures around wolf conserve wolves on most, and probably Chequamegon portion of the denning and rendezvous sites will be all, Native American reservations in the Chequamegon-Nicolet National Forest. enacted whenever they are discovered core recovery areas of the EDPS. The All of these national forests are operated in the park. Sport harvest of wolves wolf retains great cultural significance in conformance with standards and within the park will be prohibited,

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regardless of what may be allowed NWR in the Upper Peninsula of rendezvous sites, and their prey by five beyond park boundaries (Barbara West, Michigan, and Necedah NWR in central national forests, four National Parks, National Park Service, in litt. 2004). A Wisconsin. Agassiz NWR has had as and numerous National Wildlife radiotelemetry study conducted many as 20 wolves in 2 to 3 packs in Refuges in Minnesota, Wisconsin, and between 1987–91 of wolves living in recent years, but in 1999 mange and Michigan would further ensure the and adjacent to the park found that all illegal shootings reduced them to a conservation of wolves in the three mortality inside the park was due to single pack of five wolves and a separate States after delisting. natural causes (e.g., killing by other lone wolf. Since 2001, however, two In summary, we find that the risk of wolves), whereas all mortality outside packs with a total of 10 to 12 wolves gray wolf habitat destruction or the park was human induced (e.g., have been using the refuge. Tamarac degradation, a reduction in the range of shooting and trapping) (Gogan et al. NWR has 2 packs, with approximately the gray wolf, or related factors that may 1997). If there is a need to control 18 wolves, using that refuge. In 2003, affect gray wolf abundance, will not by depredating wolves outside the park, Seney NWR had one pack with two themselves or in combination with other which seems unlikely due to the current adults and two pups on the refuge. factors cause the EDPS of the gray wolf absence of agricultural activities Necedah NWR currently has 3 packs likely to become in danger of extinction adjacent to the park, the park would with a total of 13 to 15 wolves in the in the foreseeable future. Ongoing work with the State to conduct control packs. Rice Lake NWR, in Minnesota, effects of recovery efforts over the past activities where necessary (West in litt. has one pack of nine animals using the decade, which resulted in a significant 2004). refuge in 2004; other single or paired expansion of the range of wolves in the The wolf population in Isle Royale wolves pass through the refuge EDPS, in conjunction with State, Tribal, National Park is described above (see frequently (M. Stefanski, USFWS, pers. and Federal agency wolf management the Recovery of the Eastern Gray Wolf comm. 2004). In the past ten years, will be adequate to ensure the section). The NPS has indicated that it Sherburne and Crane Meadows NWRs conservation of the EDPS. These will continue to closely monitor and in central Minnesota have reliably had activities are likely to maintain an study these wolves. This wolf intermittent observations and signs of adequate prey base, preserve denning population is very small and isolated individual wolves each year. To date, no sites and dispersal corridors, and keep from the other EDPS gray wolf established packs have been wolf populations well above the populations; it is not considered to be documented on either of those refuges. numerical recovery criteria established significant to the recovery or long term The closest established packs are within in the Federal Recovery Plan for the viability of the gray wolf (USFWS 15 miles of Crane Meadows NWR at Eastern Timber Wolf (USFWS 1992a). 1992a). Camp Ripley Military Installation and B. Overutilization for Commercial, Two other units of the National Park 30 miles of Sherburne NWR at Mille System, Pictured Rocks National Recreational, Scientific, or Educational Lacs State Wildlife Management Area (J. Purposes Lakeshore and St. Croix National Scenic Holler, USFWS, pers. comm. 2004). Riverway, are regularly used by wolves. Gray wolves occurring on NWRs in Since their listing under the Act, no Pictured Rocks National Lakeshore is a the eastern United States will be gray wolves have been legally killed or narrow strip of land along Michigan’s monitored and refuge habitat removed from the wild in the Lake Superior shoreline; lone wolves management will maintain the current conterminous 48 States for either periodically use, but do not appear to be prey base for them for a minimum of 5 commercial or recreational purposes. year-round residents of, the Lakeshore. years after delisting. Trapping or Some wolves may have been illegally If denning occurred after delisting, the hunting by government trappers for killed for commercial use of the pelts Lakeshore would protect denning and depredation control will not be and other parts, but we think that illegal rendezvous sites at least as strictly as authorized on NWRs. Because of their commercial trafficking in wolf pelts or the MI Plan recommends (Karen Gustin, relatively small size, however, most or parts and illegal capture of wolves for Pictured Rocks National Lakeshore, in all of these packs and individual wolves commercial breeding purposes is rare. litt. 2003). Harvesting wolves on the also spend significant amounts of time We do not expect the use of wolves Lakeshore may be allowed (i.e., if the off of these NWRs. for scientific purposes to increase in Michigan DNR allows for harvest in the Gray wolves also occupy the Fort proportion to total wolf numbers in the State), but trapping would not be McCoy military installation in EDPS after delisting. Before delisting, allowed. The St. Croix National Scenic Wisconsin. In 2003, one pack containing the intentional or incidental killing, or Riverway, in Wisconsin and Minnesota, five adult wolves occupied a territory capture and permanent confinement, of is also a mostly linear ownership. At that included the majority of the endangered or threatened gray wolves least 18 wolves from 6 packs use the installation; in 2004, the installation for scientific purposes has only legally Riverway. The Riverway is likely to had one pack with two adults. occurred under permits issued by us (for limit public access to denning and Management and protection of wolves example, under section 10(a)(1)(A) and rendezvous sites and to follow other on the installation will not change 10(a)(1)(B) of the Act), under an management and protective practices significantly after Federal and/or State incidental take statement issued by us outlined in the respective State wolf delisting. Den and rendezvous sites in conjunction with a biological opinion management plans, although trapping would continue to be protected; non- completed under section 7(a)(2), under will not be allowed on NPS lands except deer hunting seasons (i.e. coyote) would an incidental take permit issued by us possibly by Native Americans (Robin be closed during the gun-deer season; pursuant to section 10(a)(1)(B), or by a Maercklein, National Park Service, in and current surveys would continue, if State agency operating under a litt. 2003). resources are available. Fort McCoy has cooperative agreement with us pursuant In the EDPS, we currently manage no plans to allow a public harvest of to section 6 of the Act (50 CFR seven units within the National Wildlife wolves on the installation. (Danny 17.21(c)(5) and 17.31(b)). Although Refuge System with wolf activity. Nobles, Department of the Army, in litt. exact figures are not available, Primary among these are Agassiz 2004). throughout the coterminous 48 States, National Wildlife Refuge (NWR) and The protection afforded to resident such removals of wolves from the wild Tamarac NWR in Minnesota, Seney and transient wolves, their den and have been very limited and probably

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comprise an average of fewer than two skunks, and raccoons. Recognized in the in live-captured Wisconsin wolves in animals per year since the species was United States in 1977 in domestic dogs, 1995–96 (WI DNR 1999a). Of the 13 first listed as endangered. In the EDPS, it appeared in Minnesota wolves (based Wisconsin wolves that died and were these animals were either taken from the upon retrospective serologic evidence) examined in 2000, none of the deaths Minnesota wolf population during long- live-trapped as early as 1977 (Mech et were attributed to CPV (Wydeven et al. term research activities (about 15 gray al. 1986). Minnesota wolves, however, 2001a). Similarly, CPV was not noted wolves) or were accidental takings as a may have been exposed to the virus as for the 22 wolves with a suspected result of research activities in Wisconsin early as 1973 (Mech and Goyal 1995). cause of death identified in 2001 (WI (4 to 5 mortalities and 1 long-term Serologic evidence of gray wolf DNR unpublished data). Recently, CPV confinement) (William Berg, MN DNR, exposure to CPV peaked at 95 percent has been confirmed as the cause of in litt. 1998; Mech, in litt. 1998; for a group of Minnesota wolves live- death for some pups (Wydeven pers. Wydeven 1998). trapped in 1989 (Mech and Goyal 1993). comm. 2004) and the difficulty of The Minnesota DNR plans to In a captive colony of Minnesota discovering CPV-killed pups, however, encourage the study of wolves with wolves, pup and yearling mortality from must be considered. radio-telemetry after delisting, with an CPV was 92 percent of the animals that Canine parvovirus is considered to emphasis on areas where they expect showed indications of active CPV have been a major cause of the decline wolf-human conflicts and where wolves infections in 1983 (Mech and Fritts of the isolated Isle Royale, Michigan, are expanding their range (MN DNR 1987), demonstrating the substantial population in the mid and late 1980s. 2001). The handling of animals, impacts this disease can have on young The Isle Royale gray wolf population including the administration of drugs, wolves. It is believed that the decreased from 23 and 24 wolves in may result in some accidental deaths of population impacts of CPV occur via 1983 and 1984, respectively, to 12 and wolves. We assume that radio-telemetry diarrhea-induced dehydration leading to 11 wolves in 1988 and 1989, will not increase significantly above the abnormally high pup mortality (WI DNR respectively. The wolf population level observed before delisting in 1999a). remained in the low to mid-teens proportion to wolf abundance; adverse There is no evidence that CPV has through 1995. Factors other than effects to wolves associated with such caused a population decline or has had disease, however, may be causing, or activities has been minimal (see below) a significant impact on the recovery of contributing to, a low level of and would not constitute a threat to the the Minnesota gray wolf population. reproductive success, including a low EDPS. Mech and Goyal (1995), however, found level of genetic diversity and a prey We believe that no wolves have been that high CPV prevalence in the wolves population composed of young healthy legally removed from the wild for of the Superior National Forest in moose that may make it difficult to educational purposes in recent years. Minnesota occurred during the same secure sufficient prey for pups. Wolves that are used for such purposes years in which wolf pup numbers were There are no data showing any CPV- are the captive-reared offspring of low. Because the wolf population did caused population impacts to the larger wolves that were already in captivity for not decline during the study period, gray wolf population on the Upper other reasons. they concluded that CPV-caused pup Peninsula of Michigan (Peterson et al. Refer to the Depredation Control mortality was compensatory, that is, it 1998, Hammill pers. comm. 2002, Beyer Programs section under the Summary of replaced deaths that would have pers. comm. 2003). Mortality data is Factors Affecting the Species section, occurred from other causes, especially primarily collected from collared factor D. The adequacy or inadequacy of starvation of pups. They theorized that wolves, however, which until recently existing regulatory mechanisms, below, CPV prevalence affects the amount of received CPV inoculations. Therefore, for discussions of additional wolf population increase and that a wolf mortality data for the Upper Peninsula mortalities associated with wolf population will decline when 76 should be interpreted cautiously. depredation control programs. For a percent of the adult wolves consistently Sarcoptic mange is caused by a mite discussion on commercial and test positive for CPV exposure. Their infection of the skin. The irritation recreational hunting and trapping, refer data indicate that CPV prevalence in caused by the feeding and burrowing to the Predation section under the adult wolves in their study area mites results in scratching and then Summary of Factors Affecting the increased by an annual average of 4 severe fur loss, which in turn can lead Species section, factor C. Disease or percent during 1979–93 and was at least to mortality from exposure during predation, below. 80 percent during the last 5 years of severe winter weather. In a long-term their study (Mech and Goyal 1995). Alberta, Canada, wolf study, higher wolf C. Disease or Predation Additional unpublished data gathered densities were correlated with increased Disease. Many diseases and parasites since 1995 indicate that CPV reduced incidence of mange, and pup survival have been reported for the gray wolf, wolf population growth in that area decreased as the incidence of mange and several of them have had significant from 1979 to 1989, but not since that increased (Brand et al. 1995). impacts during the recovery of the period (Mech in litt. 1999). These data From 1991 to 1996, 27 percent of live- species in the 48 conterminous United provide strong justification for trapped Wisconsin wolves exhibited States (Brand et al. 1995). These continuing population and disease symptoms of mange. During the winter diseases and parasites, and perhaps monitoring. of 1992–93, 58 percent showed others, may significantly threaten gray Canine parvovirus probably stalled symptoms, and a concurrent decline in wolf populations in the future. Thus, to wolf population growth in Wisconsin the Wisconsin wolf population was avoid a decline caused by diseases or during the early and mid-1980s when attributed to mange-induced mortality parasites, States and their partners will numbers there declined or were static (WI DNR 1999a). Seven Wisconsin have to diligently monitor the and 75 percent of 32 wolves tested wolves died of mange from 1993 prevalence of these pathogens and positive for CPV. During the following through October 15, 1998, and severe respond to significant outbreaks. years (1988–96) of population increase, fur loss affected five other wolves that Canine parvovirus (CPV) is a only 35 percent of the 63 wolves tested died from other causes. During that relatively new disease that infects positive for CPV (WI DNR 1999a). period, mange was the third largest wolves, domestic dogs, foxes, coyotes, Exposure rates for CPV were 50 percent cause of death in Wisconsin wolves,

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behind trauma (usually vehicle with an unbiased estimate of disease- diagnosed mortalities of radio-collared collisions) and shooting (Nancy Thomas caused mortality rates in the population wolves in Michigan from 1992 through in litt. 1998). (Beyer per. comm. 2004). 2003 (MI DNR unpublished data 2004a) The prevalence of mange and its Wisconsin wolves similarly had been and 26 percent of the diagnosed impacts on the wolf population have treated with Ivermectin and vaccinated mortalities of radio-collared wolves in increased in Wisconsin. During the 12- for CPV and CDV when captured, but Wisconsin from 1979 through June 2003 month period from April 2002 through the practice was stopped in 1995 to (Hassett in litt. 2003). March 2003, mange caused the death of allow the wolf population to experience Several of the diseases and parasites 7 of the 63 Wisconsin wolves that were more natural biotic conditions. Since are known to be spread by wolf-to-wolf found dead, and 1 wolf was euthanized that time, Ivermectin has been contact. Therefore, their incidence may because of the disease. (Depredation administered only to captured wolves increase as wolf densities increase in control took 17 Wisconsin wolves with severe cases of mange. In the newly colonized areas. Because wolf during this same period, while 17 died future, Ivermectin and vaccines will be densities generally are relatively stable from motor vehicle collisions, 15 were used sparingly on Wisconsin wolves, following the first few years of shot, 1 drowned, and 1 was killed by but will be used to counter significant colonization, wolf-to-wolf contacts will other wolves.) Wolves nearing death disease outbreaks (Wydeven in litt. not likely lead to a continuing increase from mange generally crawl into dense 1998). in disease prevalence (Mech in litt. cover and are difficult to discover if Mange has not been documented to be 1998). they are not radio-tracked (Shelley and a significant disease problem in Disease and parasite impacts may Gehring 2002). During the winter of Minnesota. Several packs in the Ely and increase because several wolf diseases 2002–03, approximately 36 percent of Park Rapids areas, however, are known are carried and spread by domestic the radio-collared wolves being tracked to suffer from mange, and at Agassiz dogs. This transfer of diseases and by WI DNR died from mange (Wydeven NWR in northwestern Minnesota wolves parasites from domestic dogs to wild et al. 2003a, 2004). Other observations were reduced from as many as 20 wolves may increase as gray wolves showed that some mangy wolves are animals in 2 to 3 packs in the early continue to colonize non-wilderness able to survive the winter (Wydeven et 1990s to a single pack of 5 wolves and areas (Mech in litt. 1998). Heartworm, al. 2000b, 2001a). a separate single wolf in 1999, primarily CPV, and rabies are the main concerns Pup survival during their first winter as a result of mange. (Thomas in litt. 1998). is believed to be strongly affected by Lyme disease, caused by a spirochete, Disease and parasite impacts are a mange. Wolf mortality from mange in is another relatively recently recognized recognized concern of the Minnesota, Wisconsin was fairly high in 2003 and disease, first documented in New Michigan, and Wisconsin State DNRs. may have had more severe effects on England in 1975; it may have occurred The Michigan Gray Wolf Recovery and pup survival than in previous years. The in Wisconsin as early as 1969. It is Management Plan states that necropsies prevalence of the disease may have spread by ticks that pass the infection to will be conducted on all dead wolves, contributed to the relatively small their hosts when feeding. Host species and that all live wolves that are handled population increase in 2003 (2.4 percent include humans, horses, dogs, white- will be examined, with blood, skin, and in 2003 as compared to the average 18 tailed deer, white-footed mice, eastern fecal samples taken to provide disease percent since 1985). So far, though, chipmunks, coyotes, and wolves. The information (MI DNR 1997). Similarly, mange has not caused a decline in the prevalence of Lyme disease in the Wisconsin Wolf Management Plan State’s wolf population, and even Wisconsin wolves averaged 70 percent states that as long as the wolf is State- though the rate has slowed in recent of live-trapped animals in 1988–91, but listed as a threatened or endangered years, the wolf population continues to dropped to 37 percent during 1992–97. species, the WI DNR will conduct increase despite the continued Although there are no data showing necropsies of dead wolves and test a prevalence of mange in Wisconsin wolf mortalities from Lyme disease, it sample of live-captured wolves for wolves (Wydeven et al. 2003b). may be suppressing population growth diseases and parasites. The goal will be Although mange mortality may not be through decreased wolf pup survival. to capture and screen 10 percent of the the primary determinant of wolf Other diseases and parasites, State wolf population for diseases population growth in the State, the including rabies, canine distemper, annually. After State delisting, disease impacts of mange in Wisconsin need to canine heartworm, blastomycosis, monitoring will be scaled back because be closely monitored as identified in the bacterial myocarditis, granulomatous the percentage of the wolf population State wolf management plan. pneumonia, brucellosis, leptospirosis, that is live-trapped each year will At least seven wild Michigan wolves bovine tuberculosis, hookworm, dog decline. The State will continue to test died from mange during 1993–97, lice, coccidiosis, and canine hepatitis, for disease and parasite loads through making it the most common disease of have been documented in wild gray periodic necropsy and scat analyses. Michigan wolves. From 1999–01, wolves, but their impacts on future wild The plan also recommends that all mange-induced hypothermia killed all wolf populations are not likely to be wolves live-trapped for other studies seven Michigan wolves whose cause of significant (Brand et al. 1995, Hassett in should have their health monitored and death was attributed to disease litt. 2003, Johnson 1995, Mech and reported to the WI DNR wildlife health (Hammill in litt. 2002). Before 2004, MI Kurtz 1999, Thomas in litt. 1998, WI specialists (WI DNR 1999a). DNR treated all captured wolves with DNR 1999a). Continuing wolf range The Minnesota Wolf Management Ivermectin if they showed signs of expansion, however, likely will provide Plan (MN DNR 2001) states that MN mange. In addition, MI DNR vaccinated new avenues for exposure to several of DNR ‘‘will collaborate with other all captured wolves against CPV and these diseases, especially canine investigators and continue monitoring canine distemper virus (CDV), and heartworm, rabies, and bovine disease incidence, where necessary, by administered antibiotics to combat tuberculosis (Thomas in litt. 2000), examination of wolf carcasses obtained potential leptospirosis infections. These further emphasizing the need for disease through depredation control programs, inoculations will be discontinued in monitoring programs. and also through blood/tissue 2004 to provide more natural biotic In aggregate, diseases and parasites physiology work conducted by DNR and conditions and to provide biologists were the cause of 9 percent of the the U.S. Geological Survey. DNR will

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also keep records of documented and of the available wolf habitat becomes Wisconsin, the wolf will be classified as suspected incidence of sarcoptic saturated with wolf pack territories, as a ‘‘protected wild animal,’’ with mange.’’ In addition, it will initiate is the case in northeastern Minnesota. protections that provide for fines of ‘‘(R)egular collection of pertinent tissues From October 1979 through June 1998, $1,000 to $2,000 for unlawful hunting. of live captured or dead wolves’’ and 7 (13 percent) of the diagnosed Minnesota DNR will consider periodically assess wolf health ‘‘when mortalities of radio-collared Wisconsin population management measures, circumstances indicate that diseases or wolves resulted from wolves killing including public hunting and trapping, parasites may be adversely affecting wolves (Wydeven 1998). Gogan et al. but not sooner than five years after portions of the wolf population.’’ Unlike (1997) studied 31 radio-collared wolves Federal delisting (MN DNR 2001). In the Michigan and Wisconsin, Minnesota has from 1987–91 and found that 3 (10 meantime, wolves could only be legally not established minimum goals for the percent) were killed by other wolves. taken in Minnesota for depredation proportion of its wolves that will be This behavior is normal in healthy wolf management or public safety and assessed for disease nor does it plan to populations and indicates that the wolf Minnesota plans to increase its treat any wolves, although it does not population is at, or approaching, its capability to enforce laws against take of rule out these measures. Minnesota’s carrying capacity for the area. wolves (MN DNR 2001). less intensive approach to disease Humans have functioned as highly Illegal killing of wolves occurs for a monitoring and management seems effective predators of the gray wolf. We number of reasons. Some of these warranted in light of its much greater attempted to eliminate the wolf entirely killings are accidental (e.g., wolves are abundance of wolves than in the other in earlier times and the United States hit by vehicles, mistaken for coyotes two States. Congress passed a wolf bounty that and shot, or caught in traps set for other In summary, several diseases have covered the Northwest Territories in animals); some of these accidental had significant impacts on wolf 1817. Bounties on wolves subsequently killings are reported to State, Tribal, and population growth in the Great Lakes became the norm for States across the Federal authorities. Most illegal killings, region in the past. These impacts have species’ range. In Michigan, an 1838 however, likely are intentional and are been both direct, resulting in mortality wolf bounty became the ninth law never reported to authorities. of individual wolves, and indirect, by passed by the First Michigan Radiotelemetry studies (e.g., Gogan et reducing longevity and fecundity of Legislature; this bounty remained in al. 1997) are necessary to accurately individuals or entire packs or place until 1960. A Wisconsin bounty estimate illegal mortality (Fuller 1989). populations. Canine parvovirus stalled was instituted in 1865 and then In Wisconsin, human-caused wolf population growth in Wisconsin in repealed about the time wolves were mortalities accounted for 58 percent of the early and mid-1980s and has been extirpated from the State in 1957. the diagnosed mortalities on radio- implicated as a contributing factor in Minnesota maintained a wolf bounty collared wolves from October 1979 declines of the isolated Isle Royale until 1965. through June 1998. One-third of all the population in Michigan. Sarcoptic Subsequent to the gray wolf’s listing diagnosed mortalities, and 55 percent of mange has affected wolf recovery in as a federally endangered species, the the human-caused mortalities, were Michigan’s Upper Peninsula and in Act and State endangered species from shooting. Another 12 percent of all Wisconsin over the last ten years, and statutes prohibited the killing of wolves the diagnosed mortalities resulted from is recognized as a continuing problem. except under extenuating vehicle collisions. Vehicle collisions Despite these and other diseases and circumstances, such as in defense of have increased as a percentage of radio- parasites, however, the overall trend for human life, for scientific or collared wolf mortalities. During the wolf populations in the EDPS is conservation purposes, or under several October 1979 through June 1995 period, upward. Wolf management plans for special regulations intended to reduce only 1 of 27 known mortalities was from Minnesota, Michigan, and Wisconsin wolf depredations of livestock. This that cause; but from July 1995 through include disease monitoring that we reduction in human-caused mortality is June 1998, 5 of the 26 known mortalities expect to identify future disease and the main cause of the wolf’s resulted from vehicle collisions (WI parasite problems in time to allow reestablishment in parts of its historical DNR 1999a, Wydeven 1998); and from corrective action to avoid a significant range. It is clear, however, that illegal April 2000 through March 2001, 10 of decline in overall population viability. killing of wolves continued. 23 known mortalities were from that We conclude that disease will not If delisted, wolves in Minnesota, cause (Wydeven et al. 2000b, 2001a). prevent the continuation of wolf Wisconsin, and Michigan will continue Only 2 of those 23 mortalities were from recovery in these States. Delisting to receive protection from general shootings, but an additional 4 wolves in the EDPS will not change the human persecution by State laws and Wisconsin wolves were shot during the incidence or impacts of disease on these regulations. In Michigan, wolves would State’s 2001 deer hunting season (WI wolves. continue to be protected under the DNR 2001). Predation. No wild animals habitually State’s Endangered Species Protection In the Upper Peninsula of Michigan, prey on gray wolves. Large prey, such as Law after Federal delisting. Michigan human-caused mortalities accounted for deer or moose (Mech and Nelson 1989), has met the criteria established in their 75 percent of the diagnosed mortalities, or other predators, such as mountain management plan for State delisting, based upon 34 wolves recovered from lions (Felis concolor), occasionally kill and, during that delisting process, 1960 to 1997. Twenty-eight percent of wolves, but this has only been rarely intends to amend the Wildlife all the diagnosed mortalities and 38 documented. Humans, however, are Conservation Order to grant ‘‘protected percent of the human-caused mortalities highly effective predators of gray animal’’ status to the gray wolf. That were from shooting. In the Upper wolves. status would ‘‘prohibit take, establish Peninsula during that period, about one- Wolves kill other wolves, most penalties and restitution for violations third of all the known mortalities were commonly when packs encounter and of the Order, and detail conditions from vehicle collisions (MI DNR 1997). attack a dispersing wolf as an intruder under which lethal depredation control During the 1998 Michigan deer hunting or when two packs encounter each other measures could be implemented’’ season, 3 radio-collared wolves were along a territorial boundary. This form (Rebecca Humphries, MI DNR, in litt. shot and killed, resulting in one arrest of mortality is likely to increase as more 2004). Following State delisting in and conviction (Hammill in litt. 1999,

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Michigan DNR 1999b). During the would encourage managers of land areas the methodology of the two surveys, subsequent 3 years, 8 additional wolves large enough to sustain one or more drawing any clear conclusions on this were killed in Michigan by gunshot, and wolf packs to ‘‘be cautious about adding issue is difficult. the cut-off radio-collar from a ninth new road access that could exceed a It is important to note that, despite the animal was located, but the animal was density of one mile of road per square difficulty in measuring the extent of never found. These incidents resulted in mile of land, without considering the illegal killing of wolves, all sources of 6 guilty pleas, with 3 cases remaining potential effect on wolves’ (MN DNR wolf mortality, including legal (e.g., open. Data from 1992 to 2002 show that 2001). depredation control) and illegal human- human-caused mortalities still account MN DNR acknowledges that increased caused mortality, have not been of for the majority of the diagnosed enforcement of the State’s wolf laws and sufficient magnitude to stop the mortalities (66 percent) in Michigan. regulations would be dependent on continuing growth of the wolf Deaths from vehicular collisions, increases in staff and resources, population. Since 1993, wolf numbers however, now greatly outnumber additional cross-deputization of tribal have increased annually by about 4 shootings. Twenty-four percent of the law enforcement officers, and continued percent in Minnesota and by about 28 diagnosed mortalities were from cooperation with Federal law percent in Wisconsin and Michigan. shootings (37 percent of the human- enforcement officers. They specifically This indicates that total gray wolf caused mortalities), while 41 percent of propose the addition of three mortality continues to be exceeded by the diagnosed Michigan mortalities Conservation Officers ‘‘strategically wolf recruitment (that is, reproduction were from vehicular collisions (Beyer in located within current gray wolf range and immigration) in these areas. litt. 2004). When viewing these figures, in Minnesota’’ whose priority duty The wolf population in Wisconsin it is important to remember that there is would be to implement the gray wolf and Michigan will stop growing at some a much greater likelihood of finding a management plan (MN DNR 2001). In point when it has saturated the suitable vehicle-killed wolf than there is of 2000, MN DNR had 78 conservation habitat and is checked in less suitable finding a wolf that has been illegally officer stations in the State’s wolf range areas by depredation management, shot, unless the animal was being radio- (MN DNR in litt. 2000). incidental mortality (e.g., road kill), tracked. Two Minnesota studies provide illegal killing, and other means. At that A continuing increase in wolf insight into the extent of human-caused time, we should expect to see mortalities from vehicle collisions, both wolf mortality before and after the population declines in some years that in actual numbers and as a percent of species’ listing. On the basis of bounty reflect short-term fluctuations in birth total diagnosed mortalities, is expected data from a period that predated wolf and mortality rates. Adequate wolf as wolves continue their colonization of protection under the Act by 20 years, monitoring programs, however, as areas with more human developments Stenlund (1955) found an annual described in the Michigan, Wisconsin, and a denser network of roads and human-caused mortality rate of 41 and Minnesota wolf management plans vehicle traffic. percent. Fuller (1989) provided 1980–86 are likely to identify mortality rates and/ Minnesota (MN DNR 2001) plans to data from a north-central Minnesota or low birth rates that are high enough reduce or control illegal mortality of study area and found an annual human- to warrant corrective action. The goals wolves through education, increased caused mortality rate of 29 percent, a of all three State wolf management enforcement of the State’s wolf laws and figure which includes 2 percent plans are to maintain wolf populations regulations, by discouraging new road mortality from legal depredation control well above the numbers recommended access in some areas, and by actions. Drawing conclusions from in the Federal Eastern Recovery Plan to maintaining a depredation control comparisons of these two data sets, ensure long-term viable wolf program that includes compensation for however, is difficult due to the populations (the State management livestock losses. MN DNR plans to use confounding effects of habitat quality, plans recommend a minimum wolf a variety of methods to encourage and exposure to humans, prey density, population of 1,600 in Minnesota, 350 support education of the public about differing time periods, and vast in Wisconsin, and 200 in Michigan). the effects of wolves on livestock, wild differences in study design. Although In Wisconsin and Michigan, the ungulate populations, and human these figures provide support for the rapidly expanding wolf population is activities and the history and ecology of contention that human-caused mortality beginning to cause more depredation wolves in the State (MN DNR 2001:30– decreased after the wolf’s protection problems. From 1979 through 1989, 31). These are all measures that have under the Act, it is not possible at this there were only 5 cases (an average of been in effect for years in Minnesota, time to determine if human-caused 0.4/year) of verified wolf depredations although ‘‘increased enforcement’’ of mortality (apart from mortalities from in Wisconsin. Between 1990 and 1997, State laws against take of wolves (MN depredation control) has significantly there were 27 depredation incidents in DNR 2001) would replace enforcement changed over the 25-year period that the the State (an average of 3.4/year), and 82 of the Endangered Species Act’s take gray wolf has been listed as threatened incidents (an average of 16.4 per year) prohibitions. We do not expect the or endangered. occurred from 1998–02. Data from State’s efforts to reduce illegal take of Interestingly, when compared to his Michigan show a similar increase in wolves from existing levels, but these 1985 survey, Kellert’s 1999 public confirmed wolf depredations on measures may be crucial in ensuring attitudes survey showed an overall livestock and dogs: 1 in 1996, 3 in 1998, that illegal mortality does not increase. increase in the number of northern 3 in 1999, 5 in 2000, 6 in 2001, and 22 The likelihood of illegal take Minnesota residents who reported in 2003 (MI DNR unpublished data). increases in relation to road density and having killed, or knowing someone who The WI DNR compensates livestock human population density, but had killed, a wolf. However, members of and pet owners for confirmed losses to changing attitudes towards wolves may groups that are more likely to encounter depredating wolves. The compensations allow them to survive in areas where wolves—farmers, hunters, and have been funded from the endangered road and human densities were trappers—reported a decrease in the resources tax check-off and sales of the previously thought to be too high (Fuller number of such incidents (Kellert 1985, endangered resources license plates. et al. 2003). MN DNR does not plan to 1999). Because of these apparently Likewise, in Michigan, livestock owners reduce current levels of road access, but conflicting results, and differences in are compensated when they lose

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livestock as a result of a confirmed wolf sighting along the Minnesota border approved the Wisconsin Wolf depredation. Currently there are two near Gary, South Dakota, in 1996, and Management Plan in October 1999. Our compensation programs in Michigan, a trapper with the South Dakota Game, biologists have participated on the one implemented by Michigan Fish, and Parks Department sighted a teams that developed these two State Department of Agriculture (MI DA) and lone wolf in the western Black Hills in plans and will continue to participate in another set up through donations and 2002. Several other unconfirmed revising the plans, so we are familiar held by the International Wolf Center sightings have been reported from these with their evolution and likely future (IWC), a non-profit organization. From States, including two reports in South direction. We think these plans provide the inception of the program to 2000, MI Dakota in 2003. Wolves killed in North sufficient information for us to analyze DA paid 90 percent of full market value and South Dakota are most often shot by the future threats to the gray wolf of depredated livestock value at the time hunters after being mistaken for coyotes, population in Wisconsin and Michigan of loss. The IWC account was used to or were killed by vehicles. The 2001 after Federal delisting. pay the remaining 10 percent from 2000 mortality in South Dakota and one of The MN DNR prepared a Wolf to 2002 when MI DA began paying 100 the 2003 mortalities in North Dakota Management Plan and an accompanying percent of the full market value of were caused by M–44 ‘‘coyote getter’’ legislative bill in early 1999 and depredated livestock. This MI DA devices that had been legally set in submitted them to the Minnesota program is funded annually through response to complaints about coyotes. legislature. The legislature, however, State appropriations. The MI DNR plans Additional discussion of past and failed to approve the Minnesota Plan in to continue cooperating with MI DA and future wolf mortalities in the EDPS the 1999 session. In early 2000, the MN other organizations to maintain the wolf arising from depredation control actions DNR drafted a second bill that would depredation compensation program (Pat is found under the Summary of Factors result in somewhat different wolf Lederle, MI DNR, pers. comm. 2004). Affecting the Species section, factor D, management and protection than the Under a Minnesota statute, the The inadequacy of existing regulatory 1999 bill. The legislature did not pass Minnesota Department of Agriculture mechanisms. the 2000 Minnesota wolf management (MDA) compensates livestock owners Despite human-caused mortalities of bill, but instead passed separate for full market value of livestock that wolves in Minnesota, Wisconsin, and legislation directing the DNR to prepare wolves have killed or severely injured. Michigan, these wolf populations have a new management plan based upon A university extension agent or continued to increase in both numbers various new provisions that addressed conservation officer must confirm that and range. If wolves in the EDPS are wolf protection and the take of wolves. wolves were responsible for the delisted, as long as other mortality The MN DNR completed the Minnesota depredation. The agent or officer also factors do not increase significantly and Wolf Management Plan (MN Plan) in evaluates the livestock operation for monitoring is adequate to document, early 2001 (MN DNR 2001). Although conformance to a set of Best and if necessary counteract, the effects the Minnesota legislation and the MN Management Practices (BMPs) designed of excessive human-caused mortality, Plan were not available in time to play to minimize wolf depredation and the Minnesota-Wisconsin-Michigan a role in our 2003 reclassification, they provides operators with an itemized list wolf population will not decline to were carefully evaluated in preparation of any deficiencies relative to the BMPs. nonviable levels in the foreseeable of this proposal to delist gray wolves in The Minnesota statute also requires future as a result of human-caused the EDPS. MDA to periodically update its BMPs to killing or other forms of predation. The MN Plan is based, in part, on the recommendations of a wolf management incorporate new practices that it finds D. The Adequacy or Inadequacy of roundtable and on a State wolf would reduce wolf depredation. Existing Regulatory Mechanisms Wolves were largely eliminated from management law enacted in 2000. This the Dakotas in the 1920s and 1930s and Human activities may affect wolf law and the Minnesota Game and Fish were rarely reported from the mid-1940s abundance and population viability by Laws constitute the basis of the State’s through the late 1970s. Ten wolves were degrading or reducing the wolf habitat authority to manage wolves. Key killed in these two States from 1981 to and range (Factor A); by excessive components of the plan are population 1992 (Licht and Fritts 1994). Six more mortality via commercial or recreational monitoring and management, were killed in North Dakota since 1992, harvest (Factor B); by acting as a management of wolf depredation of with four of these mortalities occurring predator of wolves and killing them for domestic animals, management of wolf in 2002 and 2003; in 2001, one wolf was other reasons such as depredation habitat and prey, enforcement of laws killed in Harding County in extreme control, to reduce perceived regulating take of wolves, public northwestern South Dakota. The competition for wild ungulates, or in the education, and increased staffing. number of reported sightings of gray interests of human safety (Factor C); by MN DNR plans to allow wolf numbers wolves in North Dakota is increasing. acting as a vector for wolf-impacting and distribution to naturally expand From 1993–98, six wolf depredation diseases or parasites (Factor C); and in and if any winter population estimate is reports were investigated in North other ways (Factor E). Following Federal below 1,600 wolves it would take Dakota, and adequate signs were found delisting under the Act, however, many actions to ‘‘assure recovery’’ to 1,600 to verify the presence of wolves in two of these human activities would be wolves. MN DNR will continue to of the cases. A den with pups was also regulated or prohibited by various monitor wolves in Minnesota to documented in extreme north-central regulatory mechanisms. Therefore, with determine whether such intervention is North Dakota near the Canadian border only a few exceptions, human activities necessary. It is currently conducting a in 1994. From 1999–2003, 16 wolf with the potential to impact wolf statewide population survey (winter of sightings/depredation incidents in populations are primarily discussed 2003–04) and plans to repeat the survey North Dakota were reported to USDA/ under this factor. in the fifth year after delisting and at APHIS-Wildlife Services, and 9 of these State Wolf Management Planning. In subsequent five-year intervals. incidents were verified. Additionally, late 1997 the Michigan Wolf Preliminary results of the 2003–04 one North Dakota wolf sighting was Management Plan was completed and survey may be available in early confirmed in early 2004. USDA/APHIS- received the necessary State approvals. summer 2004 (J. Erb, MN DNR, pers. Wildlife Services also confirmed a wolf The Wisconsin Natural Resources Board comm. 2004).

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Following delisting, Minnesota’s 214 days after MN DNR opens a • Persons would be allowed to management of wolves would differ depredation control area, depending on destroy wolves posing an immediate from their current management under the time of year. The DNR may open a threat to domestic animals on lands that the Act. To guide wolf management control area in Zone B anytime within they own, manage, or lease. under the Act, the Service divided five years of a verified depredation loss. • Persons would be allowed to The Minnesota plan would also allow Minnesota into five zones and destroy wolves posing an immediate established specific population goals for for private wolf depredation control. Statewide, persons may shoot or destroy threat to domestic pets under the each of Zones 1–4 (The 1992 Recovery supervision of the owner statewide, Plan’s numeric goal for Minnesota was a gray wolf that poses an immediate subject to other restrictions. 1,251–1,400); the Service’s goal for Zone threat to their livestock, guard animals, 5, which consists of all of Minnesota or domestic animals on lands that they • Persons may destroy wolves in outside of Zones 1–4, was ‘‘no wolves’’ own, lease, or occupy. Immediate threat absence of an immediate threat in Zone (USFWS 1992a:28). Currently no control is defined as ‘‘stalking, attacking, or B to ‘‘protect their domestic animals.’’ of depredating wolves is allowed in killing.’’ To protect their domestic • Minnesota DNR will consider Zone 1, whereas in Zones 2–5 animals in Zone B, however, persons do population management measures, employees or agents of the Service or not have to wait for an immediate threat including public hunting and trapping, MN DNR may take wolves in response to take wolves. At anytime in Zone B, but not sooner than five years after persons who own, lease, or manage to depredations of domestic animals Federal delisting. within one-half mile of the depredation lands may take wolves on those lands. The Wisconsin Wolf Management site. Young-of-the-year captured on or They may also employ a predator before August 1 of that year must be controller to trap a gray wolf on their Plan (WI Plan) sets a management goal released. The regulations that allow for land or within one mile of their land to of 350 wolves, well above the 200 this take [50 CFR 17.40(d)(2)(i)(B)(4)] do protect their livestock, domestic wolves specified in the Federal recovery not specify a maximum duration for animals, or pets. The State will continue plan for a viable isolated wolf depredation control, but USDA-Wildlife to provide compensation for livestock population. The WI Plan allows for Services follows informal guidelines taken by wolves. The MN Plan would differing levels of management within under which they trap for no more than also allow persons to harass wolves four separate management zones (see 10–15 days, except at sites with anywhere in the State within 500 yards figure 3 below). The two zones that now repeated or chronic depredation, where of ‘‘people, buildings, dogs, livestock, or contain most of the wolf population they may trap for up to 30 days (William other domestic pets or animals’’ (MN would be managed to allow limited Paul, USDA/APHIS-Wildlife Services, DNR 2001:23). Harassment may not lethal control on problem wolves when pers. comm., 2004). include physical injury to a wolf. the population exceeds 250, but Owners of domestic pets may also kill The Minnesota plan divides the State generally lethal control would not be wolves posing an immediate threat to into Zones A and B. Zone A comprises exercised on wolves inhabiting large pets under their supervision on lands blocks of public land. In the other two the current Zones 1–4 and Zone B is that they do not own or lease, although identical to the current Zone 5 (i.e., it zones, liberal controls would be allowed such actions are subject to local for problem wolves, with the least comprises the rest of the State). The ordinances, trespass law, and other most recent statewide survey conducted restrictive zone allowing for almost no applicable restrictions. MN DNR will protections; one of these zones had five during the winter of 1997–98 found that investigate any private taking of wolves there were approximately 2,025 wolves packs of wolves in 2003, and the other in Zone A. had only lone wolves confirmed. Other in Zone A and 425 in Zone B (M. In summary, the key differences DonCarlos, MN DNR, in litt. 2000). components of the WI Plan include between the current management of monitoring, education, reimbursement Government control of wolf wolves in Minnesota under the ESA and for depredation losses, citizen depredation would be modified under their proposed management under MN stakeholder involvement, habitat Minnesota’s Wolf Management Plan, DNR’s wolf plan are: management, coordination with the especially in Zone B. In Zone A, if DNR • Activities to control depredating Tribes, and the development of new verifies that a wolf destroyed any wolves would be allowed within one legal protections. If the population livestock, domestic animal, or pet, mile of depredation sites instead of one- exceeds 350, a proactive depredation trained and certified predator half mile of these sites. controllers may take wolves within a • Persons would be allowed to harass control program would be allowed in all one-mile radius of the depredation site wolves within 500 yards of persons, four zones, and public harvest would be for up to 60 days. In Zone B, predator buildings, and domestic animals considered. controllers may take wolves for up to anywhere in the State. BILLING CODE 4310–55–P

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The Wisconsin Plan sets a goal of 250 take, establish penalties and restitution years in each of these States, the effect wolves as the trigger for State delisting, for violations of the Order, and detail of such levels of lethal depredation a process that is nearly complete. The conditions under which lethal control will not prevent the continued Plan calls for re-listing as State depredation control measures could be growth of the wolf population in either threatened if the population falls to less implemented’’ (Rebecca Humphries, MI State and will probably be so small that than 250 for three years, and DNR, in litt. 2004). Population it does not noticeably slow that growth reclassification as endangered if the management, except for depredation over the next few years. Wolf recovery population falls below 80 for one year. control, is not addressed in the MI Plan will not be affected in either State. Given the likely decline and ultimate beyond statements that the wolf Reporting (within 15 days) and termination in Federal funding for population may need to be controlled by monitoring requirements in State monitoring in the future, it is imperative lethal means at some future time, when management plans will ensure that the that an effective, yet cost-efficient the cultural carrying capacity is reached level of lethal depredation control is method for detecting wolf population or approached. The MI Plan calls for re- evaluated promptly and can be curtailed changes be put in place. A methodology evaluation of the plan at 5-year if necessary. Therefore, we think that similar to that implemented in intervals. The MI DNR is currently lethal depredation control will not be a Minnesota was tested in Wisconsin evaluating the Plan’s direction and significant threat to the future of wolves during the winter of 2003–04, but its developing recommendations for in either Michigan or Wisconsin and efficacy remains unknown at this time. revisions (Beyer pers. comm.). that it will not result in a need to Some members of the Wisconsin The complete text of the Wisconsin, reclassify those wolves back to public have already advocated that the Michigan, and Minnesota wolf threatened or endangered status in the wolf be subject to public harvest management plans, as well as our foreseeable future. following State and Federal delisting. summaries of those plans, can be found In recent years the number of dogs The Wisconsin Plan indicates that any on our Web site (see FOR FURTHER attacked by gray wolves in Wisconsin public harvest would require a separate INFORMATION CONTACT section above). has increased, with 33 dogs killed and action by the Wisconsin State Depredation Control Programs in the 9 dogs injured in 2001–03. In almost all legislature, and significant public input. Core Recovery Areas. Wolves that are cases, these have been hunting dogs that The fact that the Wisconsin Plan calls injuring and/or killing domestic animals were being used for, or being trained for, for State listing as threatened if the in the core recovery areas have been hunting bears and bobcats at the time population falls to less than 250 for controlled in different ways, depending they were attacked. It is believed that three years provides reasonable upon their listing status under the Act the dogs entered the territory of a wolf assurance that public harvest is not and their importance to our gray wolf pack and may have been close to a den, likely to threaten the persistence of the recovery programs. In Minnesota, rendezvous site, or feeding location, population. depredating wolves have been lethally thus triggering an attack by wolves The Michigan Gray Wolf Recovery controlled under a special regulation defending their territory or pups. The and Management Plan (MI Plan) details since they were listed as threatened in Wisconsin Wolf Management Plan states wolf management actions needed and 1978. (Details on the Minnesota that ‘‘generally only wolves that are wolf recovery goals in Michigan. depredation control program are habitual depredators on livestock will Necessary wolf management activities provided later in this subsection.) be euthanized’’ (WI DNR 1999a). detailed in the plan include wolf Until 2003, when wolves in Furthermore, the State’s guidelines for education and outreach, population and Wisconsin and Michigan were conducting depredation control actions health monitoring, research, reclassified to threatened (and therefore on wolves currently listed as federally depredation control, and habitat eligible for a section 4(d) special threatened say that no control trapping management. The MI Plan contains a regulation), depredating wolves in those will be conducted on wolves that kill long-term minimum goal of 200 wolves States had been trapped and released in ‘‘dogs that are free-roaming or roaming (excluding Isle Royale wolves) and a suitable and unoccupied area some at large.’’ Lethal control will only be identifies 800 wolves as the estimated distance from the depredation location. conducted on wolves that kill dogs that carrying capacity of suitable areas on Lethal depredation control is now in are ‘‘leashed, confined, or under the the Upper Peninsula (MI DNR 1997). effect in Wisconsin and Michigan under owner’s control on the owner’s land’’ (‘‘Carrying capacity’’ is the number of special management regulations and (Wisconsin Wolf Technical Committee animals that an area is able to support section 4(d) of the Act (68 FR 15804). 2002). Because of these State-imposed over the long term; for wolves it is The decreasing effectiveness of, and limitations, we do not believe that lethal primarily based on the availability of increasing opposition to, translocation control of wolves depredating on prey animals and competition from of depredating wolves, as well as the hunting dogs will be a significant other wolf packs.) Under the MI Plan, high monetary and labor costs of such additional source of mortality in wolves in the State would be considered attempts, led to the adoption of lethal Wisconsin. recovered when a minimal sustainable control. Michigan has not experienced as high population of 200 wolves is maintained With the Wisconsin and Michigan a level of attacks on dogs by wolves, for 5 consecutive years. The Upper (Upper Peninsula) late-winter wolf although a slight increase in such Peninsula has had more than 200 populations at about 250–350 wolves in attacks has occurred over the last wolves since the winter of 1999–2000. each State, in our April 2003 final decade. The number of dogs killed in Therefore, the gray wolf is eligible for reclassification rule (68 FR 15804) we the State was one in 1996, one in 1999, State delisting under the MI Plan in estimate that an average of about 2 to 3 three in 2001, four in 2002, and eight in 2004. In Michigan, however, State percent of those wolves will be taken 2003. Similar to Wisconsin, MI DNR has delisting cannot occur until after annually through lethal depredation guidelines for their depredation control Federal delisting. During the State control actions in response to attacks on program. The Michigan guidelines state delisting process, Michigan intends to livestock. This will be about 6 to 10 that lethal control will not be used amend its Wildlife Conservation Order adult and subadult wolves in each State. when wolves kill dogs that are free- to grant ‘‘protected animal’’ status to the Given the average annual population roaming, hunting, or training on public gray wolf. That status would ‘‘prohibit increases of 19 to 24 percent over recent lands. Lethal control of wolves,

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however, would be considered if wolves no verified wolf depredations in South wolf depredation in Zone A played a have killed confined pets and remain in Dakota in recent decades. key role in the team’s evaluation (R. the area where more pets are being held North Dakota and South Dakota are Peterson, Michigan Tech University/ (MI DNR 2003). recognized as lacking significant Eastern Timber Wolf Recovery Team Between the time that wolves were potential for restoration of the gray wolf, Leader, in litt. 2001). Depredation protected under the Act and downlisted and our Eastern Recovery Plan does not control would be allowed throughout to threatened in 2003, only one wolf include those States in its list of Zone A, which includes an area (Zone was killed for depredation control possible locations for restoration of gray 1) where such control has not been purposes in Wisconsin and Michigan. wolf populations (USFWS 1987, 1992a). permitted under Federal management. That adult wolf was killed by the WI Therefore, lethal control of depredating Depredation in Zone 1, however, has DNR in 1999, under the provisions of a wolves in these two States will not been limited to 3 to 6 reported incidents permit that we issued to deal with that adversely affect recovery in the EDPS. per year, mostly of wolves killing dogs specific instance. This was done to end During the period from 1980–2003, (William Paul, USDA/APHIS-Wildlife a chronic depredation problem at a the Federal Minnesota wolf depredation Services, pers. comm. 2004), although private deer farm after the failure of control program euthanized from 20 (in many dog kills in this zone probably go extensive efforts to live-trap and remove 1982) to 216 (in 1997) gray wolves unreported. There are few livestock in the wolf (WI DNR 1999b). Since the annually. Annual averages (percentage Zone 1; therefore, the number of 2003 downlisting and implementation of statewide populations) were 30 (2.2 reported depredation incidents in that of the 4(d) rule, which allows some percent) wolves killed from 1980 to zone is expected to be low. lethal take in those States, a total of 17 1984, 49 (3.0 percent) from 1985 to The proposed changes in the control wolves have been killed in Wisconsin 1989, 115 (6.0 percent) from 1990 to of depredating wolves in Minnesota and 4 in Michigan in response to 1994, and 152 (6.7 percent) from 1995 under State management emphasize the depredations. Nine of the 17 Wisconsin to 1999. During the most recent 4-year need for robust post-delisting wolves were adults, whereas the period, 2000–03, an average of 132 monitoring. Minnesota will continue to remaining 8 were juveniles. The four wolves—about 5 percent of the wolf monitor wolf populations throughout Michigan wolves, all from one pack, population, based on the most recent the State and will also monitor all were killed near Engadine where (1997–98) statewide estimate—were depredation control activities in Zone chronic depredation problems had killed under the program annually. The A. These and other activities contained occurred. A fifth pack member, lowest annual percentage of Minnesota in their plan would be essential in identified for removal, was killed as the wolves destroyed by USDA/APHIS- meeting their population goal of a result of a vehicle collision (Donald Wildlife Services was 1.5 percent in minimum statewide winter population Lonsway, Michigan Wildlife Service, 1982; the highest percentage was 9.4 in of 1,600 wolves, which exceeds the pers. comm. 2004). These four 1997 (Paul 2004). Recovery Plan’s criteria of 1,251 to individuals represented about one This level of wolf removal for 1,400 wolves. percent of the Michigan wolf population depredation control has not halted the State Management and Protection of in 2003. Despite the recent increase in wolf numbers or range Wolves. Both the Wisconsin and implementation of the 4(d) rule expansion in Minnesota, although it Michigan Wolf Management Plans allowing lethal control of depredating may have slowed the increase in wolf recommend managing wolf populations wolves, preliminary estimates indicate numbers in the State, especially since as isolated populations that are not that wolf populations in Wisconsin and the late-1980s. Minnesota wolf numbers dependent upon immigration of wolves Michigan have continued to increase grew at an average annual rate of nearly from an adjacent State or Canada. Thus, (Wydeven per. comm. 2004, Beyer pers. 4 percent between 1989 and 1998 while even after Federal wolf delisting, each comm. 2004). depredation control was in effect. State will be managing for a wolf Before the 2003 downlisting of wolves MN DNR proposes to expand the population at, or in excess of, the 200 to threatened, we anticipated that North control of depredating wolves upon wolves identified in the Federal Dakota and South Dakota would have delisting (see above), but this expansion Recovery Plan for the Eastern Timber potential wolf depredation problems is not likely to threaten the conservation Wolf as necessary for an isolated wolf associated with mostly single, of wolves in the State. Significant population to be viable. We support this dispersing wolves from the Minnesota changes in wolf depredation control approach and believe it provides further and Manitoba populations. To cope under State management would assurance that the gray wolf will remain with these anticipated depredations we primarily be restricted to Zone B, which a viable component of the EDPS had a ‘‘Contingency Plan for is outside of the area that the Service ecosystem in the foreseeable future. Responding to Gray Wolf Depredations found was necessary for wolf recovery At the time the Wisconsin Wolf of Livestock’’ in place for each State for (USFWS 1992a), and wolves may still Management Plan was completed, it several years, although in neither State persist in Zone B despite increased take recommended immediate has it been necessary to implement the for depredation control. The Eastern reclassification from State-endangered control measures authorized under the Timber Wolf Recovery Team concluded to threatened status because the State’s contingency plans (USFWS 1992b, that the changes in wolf management in wolf population had already exceeded 1994). The implementation of the 4(d) the State’s Zone A would be ‘‘minor’’ its reclassification criterion of 80 wolves rule in 2003 replaced the contingency and would not likely result in for 3 years; that State reclassification plans for those States. Since 1993, three ‘‘significant change in overall wolf has already occurred (http:// incidents of verified wolf depredations numbers in Zone A.’’ They found that, www.dnr.state.wi.us/org/land/er/ occurred in North Dakota, with the most despite an expansion in the control area working_list/taxalists/TandE.htm). The recent occurring in September 2003. from approximately 1 to 3 square miles Plan further recommends the State Wildlife Services attempted to remove and an extension of the control period manage for a gray wolf population of the wolf responsible for the 2003 to 60 days, depredation control will 350 wolves outside of Native American depredation, but the wolf was not remain ‘‘very localized’’ in Zone A. The reservations, and states that the species sighted again and no further livestock requirement that control activities are should be delisted by the State once the losses were reported. There have been conducted only in response to verified population reaches 250 animals outside

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of reservations. The species was The Wisconsin Plan provides for legal The Fond du Lac Band (Minnesota) proposed for State delisting in late 2003; protections of wolves following State believes that the ‘‘well being of the wolf this process is expected to be completed delisting, through designation as a is intimately connected to the well in 2004. Upon State delisting, the Protected Wild Animal in the Wisconsin being of the Chippewa People’’ (Schrage species would be classified as a Administrative Code NR 10.02(1). in litt. 2003). In 1998, the Band passed ‘‘protected nongame species,’’ a Penalties for illegally killing wolves a resolution opposing Federal delisting designation that would continue State would include fines in the range of and any other measure that would prohibitions on sport hunting and $1,000 to $2,000, as well as revocation permit trapping, hunting, or poisoning trapping of the species. The Wisconsin of hunting privileges for 3 to 5 years, of the gray wolf (Schrage in litt. 1998b, Plan includes criteria that would trigger and possibly up to 6 months in litt. 2003). If this prohibition is State relisting as threatened (a decline to imprisonment. rescinded, the Band’s Resource fewer than 250 wolves for 3 years) or Management Division will coordinate Tribal Management and Protection of endangered (a decline to fewer than 80 with State and Federal agencies to Gray Wolves wolves for 1 year). The Wisconsin Plan ensure that any wolf hunting or trapping will be reviewed annually by the Although the tribes with wolves that would be ‘‘conducted in a biologically Wisconsin Wolf Advisory Committee visit or reside on their Reservations do sustainable manner’’ (Schrage in litt. and will be reviewed by the public not yet have management plans specific 2003). every 5 years. Any public harvest could to the gray wolf, several tribes have The Red Cliff Band (Wisconsin) be considered only if the population informed us that they have no plans or strongly opposes State and Federal exceeds 350 wolves outside of Native intentions to allow commercial or delisting of the gray wolf. Current Tribal American reservations, and would recreational hunting or trapping of the law protects gray wolves from harvest, require authorization by the legislature species on their lands after Federal although harvest for ceremonial following major public input. delisting. We are working with the purposes would likely be permitted Michigan reclassified wolves to States and several tribes to assist them after delisting (Matt Symbol, Red Cliff threatened in June 2002. Under the to develop wolf management plans for Natural Resources Department, in litt. Michigan Gray Wolf Recovery and the Reservations. 2003). The Keweenaw Bay Indian Management Plan (MI Plan), wolves in The Tribal Council of the Leech Lake Community, Michigan, will continue to Michigan would be considered Band of Minnesota Ojibwe (Council) list the gray wolf as a protected animal recovered when a minimum sustainable supports a recent resolution that under the Tribal Code even if it is population of 200 wolves is maintained describes the sport and recreational federally delisted, with hunting and for 5 consecutive years. The Upper harvest of gray wolves as an trapping prohibited (Mike Donofrio, Peninsula has had more than 200 inappropriate use of the animal (Peter Keweenaw Bay Indian Community wolves since the winter of 1999–2000. White, Leech Lake Tribal Council, in Biological Services, pers. comm. 1998). Therefore, the wolf is eligible for State litt. 2003). That resolution supports Furthermore, the Keweenaw Bay delisting under the MI Plan in 2004. In limited harvest of wolves to be used for Community plans to develop a Michigan, however, State delisting traditional or spiritual uses by enrolled Protected Animal Ordinance in the next cannot occur until after Federal tribal members if it would not few years that will address gray wolves delisting. During the State delisting negatively affect the wolf population. (Donofrio in litt. 2003). process, Michigan intends to amend its Based on the Council’s request, we will Several Midwestern tribes (e.g., the Wildlife Conservation Order to grant help them to obtain wolf pelts and parts Bad River Band of Lake Superior ‘‘protected animal’’ status to the gray that become available from other Chippewa Indians and the Little wolf. That status would ‘‘prohibit take, sources, such as depredation control Traverse Bay Bands of Odawa Indians) establish penalties and restitution for activities. The Council is currently have expressed concern regarding the violations of the Order, and detail revising the Reservation Conservation possibility of Federal delisting resulting conditions under which lethal Code to allow tribal members to harvest in increased mortality of gray wolves on depredation control measures could be some wolves (P. White in litt. 2003). The reservation lands, in the areas implemented’’ (Rebecca Humphries, MI Leech Lake Reservation is home to an immediately surrounding the DNR, in litt. 2004). The MI Plan will be estimated 65 gray wolves, the largest reservations, and in lands ceded by re-evaluated at 5-year intervals. The MI population of wolves on a Native treaty to the Federal Government by the DNR is currently evaluating the MI American reservation in the 48 tribes (Kiogama in litt. 2000). At the Plan’s direction and developing coterminous States (P. White in litt. request of the Bad River Tribe of Lake recommendations for revisions (Beyer, 2003). Superior Chippewa Indians, we are pers. comm. 2004). The Red Lake Band of Chippewa currently working with their Natural The Wisconsin and Michigan wolf Indians (Minnesota) has indicated that it Resource Department and WI DNR to management plans recommend similar is likely to develop a wolf management develop a wolf management agreement high levels of protection for wolf den plan that will be very similar in scope for lands adjacent to the Bad River and rendezvous sites, whether on public and content to the plan developed by Reservation. The tribe’s intent is to or private land. Both State plans the MN DNR. The Band’s position on reduce the threats to reservation wolf recommend that most land uses be wolf management is ‘‘wolf preservation packs when they are temporarily off the prohibited at all times within 100 through effective management,’’ and the reservation. Under the draft agreement, meters (330 feet) of active sites. Band is confident that wolves will the WI DNR would consult with the Seasonal restrictions (March through continue to thrive on their lands tribe before using lethal depredation July) should be enforced within 0.8 km (Lawrence Bedeau, Red Lake Band of control methods in those areas and (0.5 mi) of these sites, to prevent high- Chippewa Indians, in litt. 1998). The would defer to the tribe’s disturbance activities such as logging Reservation has an estimated six to eight recommendations for wolves known to from disrupting pup-rearing activities. packs within its boundaries (George be part of a reservation pack. This These restrictions should remain in King, Red Lake Band of Chippewa agreement is still being developed, effect even after State delisting occurs. Indians, in litt. 2003). however, so its protective measures may

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change somewhat. Other tribes have into the wolf management plans of losses of animals to wolves or other expressed interest in such an agreement. Minnesota, Wisconsin, and Michigan, predators, education level, gender, age, If this and similar agreements are have indicated strong public support for rural residence, and income have all implemented they will provide wolf recovery if the adverse impacts on been found to influence attitudes additional protection to certain wolf recreational activities and livestock towards wolves (Williams et al. 2002). packs in the eastern United States. producers can be minimized (MI DNR Attitudes appear to have become more The Great Lakes Indian Fish and 1997, MN DNR 1998, WI DNR 1999a). tolerant between about 1920–70, but Wildlife Commission (GLIFWC) has In Michigan, another public attitude appear to have stabilized since then stated its intent to work closely with the survey was conducted since the wolf (Williams et al. 2002). States to cooperatively manage wolves population has expanded. This survey Prey. Wolf density is heavily in the ceded territories in the core areas, suggested that the majority of Michigan dependent on prey availability (e.g., and will not develop a separate wolf residents still support wolf recovery expressed as ungulate biomass, Fuller management plan (Schlender in litt. efforts. Although Upper Peninsula 1989), but prey availability is not likely 1998). residents’ support for wolf recovery has to threaten wolves in the EDPS. According to the 1854 Authority, gone down slightly since the 1990 Conservation of primary wolf prey in ‘‘attitudes toward wolf management in Kellert survey, the majority of Upper the EDPS, white-tailed deer and moose, the 1854 Ceded Territory run the gamut Peninsula residents are still supportive is clearly a high priority for State from a desire to see total protection to of wolf recovery (Angela Mertig, conservation agencies. As Minnesota unlimited harvest opportunity.’’ Michigan State University, pers. comm. DNR points out in its wolf management Because of these diverse attitudes, the 2004). plan (MN DNR 2001:25), it manages management of wolves in the 1854 The Minnesota DNR recognizes that to ungulates to ensure a harvestable Ceded Territory is speculative, but the maintain public support for wolf surplus for hunters, nonconsumptive 1854 Authority would not ‘‘implement conservation it must work to ensure that users, and to minimize conflicts with a harvest system that would have any the people are well informed about humans. To ensure a harvestable long-term negative impacts to wolf wolves and wolf management in the surplus for hunters, MN DNR must populations’’ (Andrew Edwards, 1854 State. Therefore, MN DNR plans to account for all sources of natural Authority Biological Services, in litt. provide ‘‘timely and accurate mortality, including loss to wolves, and 2003). information about wolves to the public, adjust hunter harvest levels when In addition, on the basis of to support and facilitate wolf education necessary. For example, after severe information received from other Federal programs, and to encourage wolf winters in the 1990’s, MN DNR land management agencies in the ecotourism,’’ among other activities. modified hunter harvest levels to allow eastern United States where wolves This increased public acceptance of for the recovery of the local deer occur (as discussed in Summary of wolves during the last 25 years also has population (MN DNR 2001). In addition Factors Affecting the Species section, reduced illegal persecution and killing to regulation of human harvest of deer factor A, The present or threatened of wolves. and moose, MN DNR also plans to destruction, modification, or It is unclear whether increased continue to monitor and improve curtailment of its habitat or range, flexibility of depredation control after habitat for these species. Land above), we expect National Forests, delisting would affect public attitudes management carried out by other public units of the National Park System, and towards wolves (i.e., decrease agencies and by private companies in National Wildlife Refuges will provide opposition to the local presence of Minnesota’s wolf range, including protections to gray wolves after delisting wolves), due to the strong influence of timber harvest and prescribed fire, beyond the protections provided by other factors. A survey of 535 rural incidentally improves habitat for deer, State wolf management plans and State Wisconsin residents, for example, found the primary prey for wolves in the State. protective regulations. that attitudes towards wolves were There is no indication that harvest of largely dependent on social group, and deer and moose or management of their E. Other Natural or Manmade Factors persons who were compensated for habitat will significantly depress Affecting Its Continued Existence losses to wolves were not more tolerant abundance of these species in Public Attitudes Toward the Gray toward wolf presence than those refused Minnesota’s core wolf range. Therefore, Wolf. The primary determinant of the compensation for reported losses prey availability is not likely to long-term status of gray wolf (Naughton-Treves et al. 2003). Although endanger gray wolves in the foreseeable populations in the United States will be social group was the overriding factor in future in the State. human attitudes toward this large determining tolerance for wolves, Chronic Wasting Disease (CWD), a predator. These attitudes are based on previous history with depredation also nervous system disease known to affect the conflicts between human activities negatively affected tolerance: persons deer and elk, was confirmed in and wolves, concern with the perceived who had lost an animal to a wolf or Wisconsin in 2002 (three deer from a danger the species may pose to humans, other predator were less tolerant of 2001 deer harvest tested positive). its symbolic representation of wolves (Naughton-Treves et al. 2003). In Although it is not yet known if wilderness, the economic effect of an analysis of data collected in 37 transmission from deer and elk to other livestock losses, the emotions regarding surveys of public attitudes toward species is possible (Glenn DelGiudice, the threat to pets, the conviction that the wolves, Williams et al. (2002) found MN DNR, in litt. 2003), it has never been species should never be a target of sport that hunters and trappers had detected in predators, even in areas hunting or trapping, wolf traditions of significantly more positive attitudes where the disease has been known for Native American tribes, and other towards wolves than farmers and more than 40 years (Hassett, in litt. factors. ranchers. In Wisconsin, however, where 2003). The most likely effect of the We have seen a change in public bear hunters have lost hounds to disease on gray wolves would be attitudes toward the wolf over the last wolves, they were clearly less tolerant of indirect, potentially significantly few decades. Public attitude surveys in wolves than livestock producers reducing the prey base in some areas. In Minnesota and Michigan (Kellert 1985, (Naughton-Treves et al. 2003). In Wisconsin, CWD has been detected in a 1990, 1999), as well as the citizen input addition to social group and previous relatively restricted area in the southern

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part of the State. The Wisconsin DNR, plan, in addition to the previously Special Regulations Under Section 4(d) in cooperation with landowners and existing plans for Wisconsin and for Threatened Species other State agencies, initiated an Michigan, we were better able to assess The Act and its implementing intensive program to eradicate the the management of gray wolves if regulations found at 50 CFR 17.21 set disease. CWD has not spread to deer delisted. Furthermore, since the forth a series of general prohibitions and populations within wolf range; the implementation of more flexible wolf exceptions that apply to all endangered closest packs to the CWD area in management in Wisconsin and wildlife. These prohibitions, in part, Wisconsin are located approximately 70 Michigan, resulting from the initiation make it illegal for any person subject to of the 4(d) special rule in 2003, wolf miles to the north (Hassett in litt. 2003). the jurisdiction of the United States to Minnesota DNR tests harvested deer for numbers in those States have continued take (includes harass, harm, pursue, CWD. In 2003 it tested 9,988 deer and to increase (Wydeven per. comm. 2004, hunt, shoot, wound, kill, trap, capture, all were negative, although a captive elk Beyer pers. comm. 2004). or collect; or to attempt any of these), tested positive in 2002. CWD has not After a thorough review of all import, export, ship in interstate been detected in Michigan, although MI available information and an evaluation commerce in the course of commercial DNR plans to test 60 deer from each of the previous five factors specified in activity, or sell or offer for sale in county in 2004. The DNRs in section 4(a)(1) of the Act, as well as interstate or foreign commerce any Wisconsin, Minnesota, and Michigan consideration of the definitions of endangered wildlife species. It is also will continue to monitor for outbreaks threatened and endangered contained in illegal to possess, sell, deliver, carry, of CWD in their States. the Act and the reasons for delisting as specified in 50 CFR 424.11(d), we transport, or ship any such wildlife that Conclusion conclude that removing the Eastern has been taken illegally. Certain While we recognize that gray wolves Gray Wolf Distinct Population Segment exceptions apply to our agents and in the EDPS do not occupy all portions from the list of Endangered and agents of State conservation agencies. of their historical range, including what Threatened Wildlife (50 CFR 17.11) is Section 4(d) of the Act provides that may be suitable areas with low human appropriate. Gray wolves have whenever a species is listed as a density and a healthy prey base within recovered in the EDPS as a result of the threatened species, we shall issue the EDPS, they no longer meet the reduction of threats as described in the regulations deemed necessary and definition of a threatened or endangered analysis of the five categories of threats. advisable to provide for the species. We have based our conservation of the species. Section 4(d) determinations on the current status of, Critical Habitat also states that we may, by regulation, and threats likely to be faced by, Critical habitat is defined in section 3 extend to threatened species the existing wolf populations within the of the Act as: (i) The specific areas prohibitions provided for endangered EDPS. This approach is consistent with within the geographical area occupied species under section 9. The the 9th Circuit Court’s decision in by a species, at the time it is listed in implementing regulations for threatened Defenders of Wildlife et al. v. Norton et accordance with the Act, on which are wildlife under the Act incorporate the al., where the Court noted that ‘‘[a] found those physical or biological section 9 prohibitions for endangered species with an exceptionally large features (I) essential to the conservation wildlife (50 CFR 17.31), except when a historical range may continue to enjoy of the species and (II) that may require special regulation promulgated pursuant healthy population levels despite the special management considerations or to section 4(d) applies (50 CFR 17.31(c)). loss of a substantial amount of suitable protection; and (ii) specific areas This proposal, if finalized, would habitat.’’ Similarly, when a threatened outside the geographical area occupied remove the special regulations under species has recovered to the point where by a species at the time it is listed, upon section 4(d) of the Act for wolves in it is not likely to become in danger of a determination that such areas are Minnesota, Michigan, Wisconsin, North extinction throughout all or a significant essential for the conservation of the Dakota, South Dakota, Nebraska, portion of its current range in the species. ‘‘Conservation’’ means the use Kansas, Iowa, Missouri, Illinois, foreseeable future, it is appropriate to of all methods and procedures needed Indiana, and Ohio. These regulations are delist the species even if a substantial to bring the species to the point at found at 50 CFR 17.40 (d) and (o). amount of the historical range remains which listing under the Act is no longer Post-Delisting Monitoring unoccupied if the population in its necessary. Section 4(a)(3) of the Act, as current range is secure. The wolf’s amended, and implementing regulations Section 4(g) of the Act requires post- recovery in numbers and distribution in (50 CFR 424.12) require that, to the delisting monitoring (PDM) for a the EDPS, together with the status of the maximum extent prudent and minimum of five years after a species is threats that remain to, and are likely to determinable, we designate critical delisted. The goal of post-delisting be experienced by, the wolf within the habitat at the time we list a species. monitoring is to confirm that a delisted DPS, indicates that the gray wolf is not Critical habitat was designated for the species does not require relisting as likely to become in danger of extinction gray wolf in 1978 (43 FR 9607, March threatened or endangered after removal nor likely to become an endangered 9, 1978). That rule (50 CFR 17.95(a)) of the Act’s protections. To do this, species within the foreseeable future identifies Isle Royale National Park, PDM generally focuses on evaluating (1) throughout all or a significant portion of Michigan, and Minnesota wolf demographic characteristics of the its range within the DPS. management zones 1, 2, and 3, as species, (2) threats to the species, and Since the 2003 reclassification of gray delineated in 50 CFR 17.40(d)(1), as (3) implementation of legal and/or wolves in the eastern United States to critical habitat. Wolf management zones management commitments that have threatened (68 FR 15804), we have 1, 2, and 3 comprise approximately been identified as important in reducing received additional data that the 25,500 km2 (9,845 mi2) in northeastern threats to the species or maintaining conservation of gray wolves in the EDPS and north-central Minnesota. This threats at sufficiently low levels. If at will be assured if delisted. Most proposed rule, if finalized, would any time during the 5-year monitoring importantly, in February 2001, the MN remove the designation of critical program data indicate that protective DNR completed their Minnesota Wolf habitat for gray wolves in Minnesota status under the Act should be Management Plan. With that completed and on Isle Royale, Michigan. reinstated, we can initiate listing

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procedures, including, if appropriate, evaluation of the results of the initial respondent’s identity, as allowable by emergency listing. monitoring. law. If you wish us to withhold your A monitoring plan for the gray wolf name and/or address, you must state Public Comments Solicited EDPS is being developed to detect this prominently at the beginning of whether factors that might threaten its We intend that any final action your comment. We will not consider existence have arisen or increased resulting from this proposal will be as anonymous comments, however. We unexpectedly after delisting. In the accurate and as effective as possible. will make all submissions from EDPS, PDM will be conducted in Therefore, comments or suggestions organizations or businesses, and from Minnesota, Wisconsin, and Michigan. from the public, other concerned individuals identifying themselves as These States comprise the recovery governmental agencies, the scientific representatives or officials of areas within the DPS and were the only community, industry, or any other organizations or businesses, available States with numerical recovery criteria interested party concerning this for public inspection in their entirety. in the Recovery Plan for the Eastern proposed rule are hereby solicited. We anticipate a large public response to Timber Wolf (USFWS 1992a). The Comments particularly are sought this proposed rule. After the comment monitoring plan is being developed by concerning: period closes, we will organize the Service biologists and the Eastern (1) Biological, commercial trade, or comments and materials received and Timber Wolf Recovery Team. other relevant data concerning any make them available for public Minnesota, Wisconsin, and Michigan current or likely future threat, or lack inspection, by appointment, during DNRs have monitored wolves for several thereof, to gray wolves in the EDPS; normal business hours at the following decades with significant assistance from (2) Additional information concerning Ecological Services offices: numerous partners, including the U.S. the range, distribution, population size, • Twin Cities, Minnesota Ecological Forest Service, National Park Service, and population trends of gray wolves in Services Field Office, 4101 E. 80th USDA/APHIS-Wildlife Services, tribal the EDPS; Street, Bloomington, MN. natural resource agencies, and the (3) Current or planned activities in the • Green Bay, Wisconsin Ecological Service. To maximize comparability of EDPS and their possible impacts on the Services Field Office, 2661 Scott Tower PDM data with data obtained before gray wolf and its habitat; Dr., New Franken, WI. delisting, all three State DNRs intend to (4) Information concerning the • East Lansing, Michigan Ecological continue their previous wolf population adequacy of the recovery criteria Services Field Office, 2651 Coolidge monitoring methodology with only described in the 1992 Recovery Plan for Road, Suite 101, East Lansing, MI. minor changes. Additionally, in the the Eastern Timber Wolf; • Pierre, South Dakota Ecological winter of 2003–04, the Wisconsin and (5) The extent of State and Tribal Services Field Office, 420 South Michigan DNRs began implementing a protection and management that would Garfield Avenue, Suite 400, Pierre, SD. ‘‘Minnesota-type’’ survey on a trial be provided to the gray wolf in the core • Bismarck, North Dakota Ecological basis, to compare the results of that areas of the EDPS as a delisted species; Services Field Office, 3425 Miriam method to their current method, which (6) Information regarding taxonomy of Avenue, Bismarck, ND. is more labor-intensive. If found to be canids in the northeastern United • Hadley, Massachusetts Regional sufficiently accurate in estimating States. Office, U.S. Fish and Wildlife Service, smaller wolf populations, the If you wish to comment, you may 300 Westgate Center Drive, Hadley, MA Minnesota-type method will be submit your comments and materials 01035–9589. considered for adoption in Wisconsin concerning this proposal by any one of We will consider all comments and and Michigan. several methods (see ADDRESSES information received during the In addition to monitoring population section). Please submit Internet comment period on this proposed rule numbers and trends, the PDM will comments to ‘‘[email protected]’’ in during preparation of a final evaluate post-delisting threats, in ASCII file format and avoid the use of rulemaking. Accordingly, the final particular human-caused mortality, special characters or any form of decision may differ from this proposal. disease, and implementation of legal encryption. Please also include ‘‘Attn: and management commitments. If at any Gray Wolf Delisting’’ in your e-mail Peer Review time during the monitoring period we subject header and your name and In accordance with our joint policy detect a significant downward change in return address in the body of your published in the Federal Register on the populations or an increase in threats message. You will receive a responding July 1, 1994 (59 FR 34270), we will seek to the degree that population viability message verifying receipt of your the expert opinions of at least three may be threatened, we will evaluate and comments; if you do not receive appropriate and independent specialists change (intensify, extend, and/or notification of receipt, please resend regarding this proposed rule. The otherwise improve) the monitoring your comments by the alternative purpose of such review is to ensure that methods, if appropriate, and/or consider methods mentioned above. Please note our delisting decision is based on relisting the DPS, if warranted. Changes that the Internet address scientifically sound data, assumptions, to the monitoring methods, for example, ‘‘[email protected]’’ will be closed out and analyses. We will send copies of might include increased emphasis on a at the termination of the public this proposed rule to these peer potentially important threat or a comment period. reviewers immediately following particular geographic area. At the end of Our practice is to make comments, publication in the Federal Register. We the monitoring period, we will decide if including names and home addresses of will invite these peer reviewers to relisting, continued monitoring, or respondents, available for public comment, during the public comment ending monitoring is appropriate. If data review. Individual respondents may period, on the specific assumptions and show a significant population decline or request that we withhold their home conclusions regarding the proposed increased threats, but not to the level addresses from the rulemaking record, delisting. that relisting is warranted, we will which we will honor to the extent consider continuing monitoring beyond allowable by law. There also may be Public Hearings the specified period and may modify the circumstances in which we may We will hold public hearings monitoring program based on an withhold from the rulemaking record a throughout the geographic area of the

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EDPS. The dates and locations of these period. For purposes of this definition, Procedure Act, and other Federal hearings will be announced in the employees of the Federal Government statutes. Federal Register and local newspapers. are not included. The Service may not References Cited For a list of dates and locations, contact conduct or sponsor, and you are not the Fort Snelling, MN Regional Office required to respond to, a collection of A complete list of all references cited (See ADDRESSES section for contact information unless it displays a in this document is available upon information.) currently valid OMB control number. request from the Ft. Snelling, Minnesota This rule does not include any Clarity of the Rule Regional Office (see FOR FURTHER collections of information that require INFORMATION CONTACT section above). Executive Order 12866 requires approval by OMB under the Paperwork agencies to write regulations that are Reduction Act. As proposed under the Author easy to understand. We invite your Post-delisting Monitoring section above, The primary author of this rule is comments on how to make this proposal gray wolf populations in the Eastern Laura J. Ragan, U.S. Fish and Wildlife easier to understand including answers Gray Wolf DPS will be monitored by the Service, Ft. Snelling, Minnesota to questions such as the following: (1) States of Michigan, Minnesota, and Regional Office (see ADDRESSES section). Is the discussion in the SUPPLEMENTARY Wisconsin in accordance with their Substantial contributions were also INFORMATION section of the preamble Gray Wolf State Management Plans. We made by Service employees Ron helpful to your understanding of the do not anticipate a need to request data Refsnider (Ft. Snelling, Minnesota), Phil proposal? (2) Does the proposal contain or other information from 10 or more Delphey (Bloomington, Minnesota), Joel technical language or jargon that persons during any 12-month period to Trick (Green Bay, Wisconsin), Christie interferes with its clarity? (3) Does the satisfy monitoring information needs. If Deloria (Marquette, Michigan), and format of the proposal (groupings and it becomes necessary to collect Michael Amaral (Concord, New order of sections, use of headings, information from 10 or more non- Hampshire). paragraphing, etc.) aid or reduce its Federal individuals, groups, or clarity? What else could we do to make organizations per year, we will first List of Subjects in 50 CFR Part 17 the proposal easier to understand? Send obtain information collection approval a copy of any comments on how we from OMB. Endangered and threatened species, could make this rule easier to Exports, Imports, Reporting and understand to: Office of Regulatory Executive Order 13211 recordkeeping requirements, Affairs, Department of the Interior, On May 18, 2001, the President issued Transportation. Room 7229, 1849 C. Street NW., Executive Order 13211 on regulations Proposed Regulation Promulgation Washington, DC 20240. You may also e- that significantly affect energy supply, mail the comments to this address: distribution, and use. Executive Order Accordingly, we hereby propose to [email protected]. 13211 requires agencies to prepare amend part 17, subchapter B of chapter Statements of Energy Effects when I, title 50 of the Code of Federal National Environmental Policy Act undertaking certain actions. As this Regulations, as set forth below: We have determined that an proposed rule is not expected to Environmental Assessment or an significantly affect energy supplies, PART 17—[AMENDED] Environmental Impact Statement, as distribution, or use, this action is not a 1. The authority citation for part 17 defined under the authority of the significant energy action and no continues to read as follows: National Environmental Policy Act of Statement of Energy Effects is required. 1969, need not be prepared in Authority: 16 U.S.C. 1361–1407; 16 U.S.C. connection with regulations adopted Government-to-Government 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– pursuant to section 4(a) of the Act. We Relationship With Tribes 625, 100 Stat. 3500; unless otherwise noted. published a notice outlining our reasons In accordance with the President’s for this determination in the Federal memorandum of April 29, 1994, § 17.11 [Amended] Register on October 25, 1983 (48 FR ‘‘Government-to-Government Relations 2. Amend § 17.11(h) by removing the 49244). with Native American Tribal entry for ‘‘Wolf, gray [Eastern Distinct Governments’’ (59 FR 22951), Executive Paperwork Reduction Act Population Segment] (Canis lupus)’’ Order 13175, and 512 DM 2, we have under ‘‘MAMMALS’’ from the List of Office of Management and Budget coordinated this proposed rule with the Endangered and Threatened Wildlife. (OMB) regulations at 5 CFR 1320 affected tribes. Throughout implement provisions of the Paperwork development of this proposed rule, we § 17.40 [Amended] Reduction Act (44 U.S.C. 3501 et seq.). endeavored to consult with Native 3. Amend § 17.40 by removing and The OMB regulations at 5 CFR 1320.3(c) American tribes and Native American reserving paragraphs (d) and (o). define a collection of information as the organizations in order both to provide obtaining of information by or for an them with a complete understanding of § 17.95 [Amended] agency by means of identical questions the proposed changes and also to enable 4. Amend § 17.95(a) by removing the posed to, or identical reporting, ourselves to gain an appreciation of critical habitat entry for ‘‘Gray Wolf recordkeeping, or disclosure their concerns with those changes. We (Canis lupus).’’ requirements imposed on, 10 or more will fully consider all of their comments persons. Furthermore, 5 CFR on the proposed EDPS gray wolf Dated: June 4, 2004. 1320.3(c)(4) specifies that ‘‘ten or more delisting submitted during the public Steve Williams, persons’’ refers to the persons to whom comment period and will attempt to Director, Fish and Wildlife Service. a collection of information is addressed address those concerns to the extent [FR Doc. 04–16535 Filed 7–16–04; 11:12 am] by the agency within any 12-month allowed by the Act, the Administrative BILLING CODE 4310–55–P

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Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 20 Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings; Proposed Rule

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DEPARTMENT OF THE INTERIOR 4107, 4501 N. Fairfax Drive, Arlington, Islands; special September waterfowl Virginia. seasons in designated States; special sea Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: duck seasons in the Atlantic Flyway; Brian Millsap, Chief, or Ron W. Kokel, and extended falconry seasons. In 50 CFR Part 20 Division of Migratory Bird Management, addition, we reviewed and discussed U.S. Fish and Wildlife Service, (703) preliminary information on the status of RIN 1018–AT53 358–1714. waterfowl. Participants at the previously announced July 28–29, 2004, meetings SUPPLEMENTARY INFORMATION: Migratory Bird Hunting; Proposed will review information on the current Frameworks for Early-Season Regulations Schedule for 2004 status of waterfowl and develop Migratory Bird Hunting Regulations; On March 22, 2004, we published in recommendations for the 2004–05 Notice of Meetings the Federal Register (69 FR 13440) a regulations pertaining to regular proposal to amend 50 CFR part 20. The waterfowl seasons and other species and AGENCY: Fish and Wildlife Service, seasons not previously discussed at the Interior. proposal provided a background and overview of the migratory bird hunting early-season meetings. In accordance ACTION: Proposed rule; supplemental. with Department of the Interior policy, regulations process, and dealt with the these meetings are open to public establishment of seasons, limits, the SUMMARY: The U.S. Fish and Wildlife observation and you may submit written proposed regulatory alternatives for the Service (hereinafter Service or we) is comments to the Director of the Service 2004–05 duck hunting season, and other proposing to establish the 2004–05 on the matters discussed. early-season hunting regulations for regulations for migratory game birds certain migratory game birds. We under §§ 20.101 through 20.107, 20.109, Population Status and Harvest annually prescribe frameworks, or outer and 20.110 of subpart K. On June 9, The following paragraphs provide limits, for dates and times when hunting 2004, we published in the Federal preliminary information on the status of may occur and the maximum number of Register (69 FR 32418) a second waterfowl and information on the status birds that may be taken and possessed document providing supplemental and harvest of migratory shore and in early seasons. Early seasons may proposals for early- and late-season upland game birds. open as early as September 1, and migratory bird hunting regulations May Breeding Waterfowl and Habitat include seasons in Alaska, Hawaii, frameworks and the regulatory Survey Puerto Rico, and the U.S. Virgin Islands. alternatives for the 2004–05 duck These frameworks are necessary to hunting season. The June 9 supplement Most of the U.S. and Canadian allow State selections of specific final also provided detailed information on prairies were much drier in May of 2004 seasons and limits and to allow the 2004–05 regulatory schedule and than they were in May of 2003. The recreational harvest at levels compatible announced the Service Migratory Bird return of water to short-grass prairies of with population status and habitat Regulations Committee (SRC) and southern Alberta and Saskatchewan we conditions. Flyway Council meetings. saw last year did not continue, and This document, the third in a series habitat in these areas went from good DATES: The Service Migratory Bird of proposed, supplemental, and final last year to fair or poor this year. The Regulations Committee will meet to rulemaking documents for migratory Manitoba survey area ranges from poor consider and develop proposed bird hunting regulations, deals in the east to good in the west, similar regulations for late-season migratory specifically with proposed frameworks to conditions observed last year. The bird hunting and the 2005 spring/ for early-season regulations. It will lead Dakotas have continued the slow drying summer migratory bird subsistence to final frameworks from which States trend that we have seen over the past seasons in Alaska on July 28 and 29, may select season dates, shooting hours, few years, and much of eastern South 2004. All meetings will commence at and daily bag and possession limits for Dakota is in poor condition. Conditions approximately 8:30 a.m. You must the 2004–05 season. We have in the Dakotas improve to the north. submit comments on the proposed considered all pertinent comments Eastern Montana is a mosaic of habitat migratory bird hunting-season received through June 25, 2004, on the conditions ranging from poor to good, frameworks for Alaska, Hawaii, Puerto March 22 and June 9, 2004, rulemaking and production potential is thought to Rico, the Virgin Islands, and other early documents in developing this be only fair in this region. Although seasons by August 2, 2004, and for the document. In addition, new proposals many areas received considerable forthcoming proposed late-season for certain early-season regulations are moisture in the form of over-winter frameworks by August 30, 2004. provided for public comment. Comment snow, with even a late snowstorm in the ADDRESSES: The Service Migratory Bird periods are specified above under southern portions in middle May, the Regulations Committee will meet in DATES. We will publish final regulatory snow melted and went right into the room 200 of the U.S. Fish and Wildlife frameworks for early seasons in the parched ground. Snow and cold during Service’s Arlington Square Building, Federal Register on or about August 20, the May storm probably adversely 4401 N. Fairfax Drive, Arlington, 2004. impacted early nesters and young Virginia. Send your comments on the broods. Water received after the May Service Migratory Bird Regulations proposals to the Chief, Division of surveys likely did not alleviate dry Committee Meetings Migratory Bird Management, U.S. Fish conditions, because much of it soaked and Wildlife Service, Department of the Participants at the June 23–24, 2004, into the grounds. Therefore, waterfowl Interior, MS MBSP–4107–ARLSQ, 1849 meetings reviewed information on the production in the prairies is only poor C Street, NW., Washington, DC 20240. current status of migratory shore and to fair this year. All comments received, including upland game birds and developed 2004– When there are dry conditions in the names and addresses, will become part 05 migratory game bird regulations prairies, many prairie nesting ducks will of the public record. You may inspect recommendations for these species plus typically over-fly these areas into the comments during normal business regulations for migratory game birds in bush. This year, the Canadian Bush hours at the Service’s office in room Alaska, Puerto Rico, and the U.S. Virgin (Northwest Territories, Northern

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Alberta, Northern Saskatchewan and (for 2001–2003) was 370,300, which is percent below the 2002 index and 16 Northern Manitoba) was exceptionally within the established population- percent below the long-term average. late in thawing so the birds that did objective range of 343,000–465,000 Band-Tailed Pigeons and Doves over-fly the dry prairies encountered cranes. All Central Flyway States, winter-like conditions and will be even except Nebraska, allowed crane hunting A significant decline in the Coastal less successful than in a normal over- in portions of their respective States in population of band-tailed pigeons flight year. This is especially true for 2003–04. About 7,700 hunters occurred during 1968–2003, as mallard and pintails; late nesters will participated in these seasons, which is indicated by the Breeding Bird Survey have better success. Overall, the bush, similar to the number that participated (BBS); however, no trend was noted including the parklands and boreal during the previous year. An estimated over the most recent 10 years. forest, will be only fair to marginally 18,527 cranes were harvested in the Additionally, mineral-site counts at 10 good for production because of the latest Central Flyway during 2003–04 seasons, selected sites in Oregon indicate a spring thaw in at least 20 years. which was 42% higher than the general increase since the late 1980s. However, Alaska birds should produce previous year’s estimate. Retrieved Numbers have declined the past 4 years, well because of excellent habitat harvests in the Pacific Flyway, Canada, but the count of 3,195 in 2003 is still conditions. Areas south of Alaska’s and Mexico were estimated to be about well above the total of 1,462 in 1986. Brooks Range experienced a 13,109 cranes for the 2003–04 period. Call-count surveys conducted in widespread, record-setting early spring The total North American sport harvest, Washington showed no significant breakup, and flooding due to rapid thaw including crippling losses, was trends during 1975–2003 or between was minor. estimated at 35,706, which is similar to 1999–2003. A rangewide (British Breeding habitat conditions were the previous year’s estimate. The long- Columbia, Washington, Oregon, and generally good to excellent in the term trend analysis for the Mid- California) mineral-site survey for the eastern U.S. and Canada. Although Continent Population during 1982–2000 Coastal Population was established in spring was late in most areas, it is indicates that harvests have been 2003, but it will be several years before thought that nesting was not increasing at a higher rate than the trend trend information will be available. The significantly affected because of in population growth over the same Interior band-tailed pigeon population abundant spring rain and mild period. is stable, with no trend indicated by the temperatures. Production in the East is The fall 2003 pre-migration survey BBS over the short- or long-term expected to be better this year than last estimate for the Rocky Mountain periods. year. Population of sandhill cranes was Analyses of Mourning Dove Call- Unfortunately, we will have no 19,523, which was similar to the count Survey data indicated no traditional July Production Survey this previous year’s estimate of 18,803. significant trend in doves heard in any year to verify the early predictions of Limited special seasons were held management unit over the most recent our biologists in the field, due to a during 2003 in portions of Arizona, 10 years. Between 1966 and 2004, all severe budget situation within the Idaho, Montana, New Mexico, Utah, and three units exhibited significant migratory bird program. However, the Wyoming, resulting in a harvest of 528 declines (P<0.05). In contrast, for doves pilot-biologists responsible for several cranes, which was 17% below the seen over the 10-year period, a survey areas (Southern Alberta, previous year’s harvest of 639 cranes. significant increase was found in the Eastern Unit (P<0.05), while no trends Southern Saskatchewan, the Dakotas, Woodcock and Montana) will return in early July were found in the Central and Western for a brief over-flight of a representative Singing-ground and Wing-collection Units. Over 39 years, no trend was portion of their areas to assess Surveys were conducted to assess the found for doves seen in the Eastern and significant habitat changes since May population status of the American Central Units, while a decline was and provide a brief snapshot of woodcock (Scolopax minor). Singing- indicated in the Western Unit (P<0.05). production. This information and ground Survey data for 2004 indicate A project is under way to develop reports from local biologists in the field that the numbers of displaying mourning dove population models for will help us with our overall woodcock in the Eastern and Central each unit to provide guidance for perspective on duck production this Regions were unchanged from 2003 improving our decision-making process year. (P>0.10). There was no significant trend with respect to harvest management. in woodcock heard on the Singing- Additionally, a small-scale banding Status of Teal ground Survey in either the Eastern or study was initiated in 2003 to obtain The estimate of blue-winged teal Central Regions during the 10 years additional information. numbers from the Traditional Survey between 1995 and 2004 (P>0.10). This In Arizona, the white-winged dove Area is 4.07 million. This represents a represents the first time since 1992 that population has shown a significant 26.2 percent decline from 2003 and 9.6 the 10-year trend estimate for either decline between 1962 and 2004. percent below the long-term average. region was not a significant decline. However, the number of whitewings has The estimate suggests that a 9-day There were long-term (1968–2004) been fairly stable since the 1970s. September teal season is appropriate in declines (P<0.01) of 2.1 percent per year Estimated harvests in recent years 2004. in the Eastern Region and 1.8 percent (145,000 in 2003) are low compared to per year in the Central Region. Wing- those occurring several decades ago. In Sandhill Cranes collection survey data indicate that the Texas, white-winged doves are now The Mid-Continent Population of 2003 recruitment index for the U.S. found throughout most of the state. In Sandhill Cranes has generally stabilized portion of the Eastern Region (1.5 2004, the whitewing population in at comparatively high levels, following immatures per adult female) was Texas was estimated to be 2,387,000 increases in the 1970s. The Central slightly higher than the 2002 index, but birds, a decrease of 5.5 percent from Platte River Valley, Nebraska, spring was 12 percent below the long-term 2003. A more inclusive count in San index for 2004, uncorrected for average. The recruitment index for the Antonio documented more than 1.3 visibility, was 356,850 cranes. The most U.S. portion of the Central Region (1.4 million birds. An estimated 130,900 recent photo-corrected 3-year average immatures per adult female) was 19 whitewings were taken during the

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special whitewing season in south the March 22, 2004, Federal Register frameworks. The harvest management Texas, with an additional 1,224,000 document. strategy would include four levels for birds taken statewide during the regular the Pacific Flyway: ‘‘liberal’’—107 days, 1. Ducks mourning dove season. The expansion ‘‘moderate’’—86 days, ‘‘restrictive’’—60 of whitewings northward and eastward Categories used to discuss issues days, and closed seasons. The Council from Texas has led to whitewings being related to duck harvest management are: also recommended that the strategy sighted in most of the Great Plains and (A) General Harvest Strategy, (B) include a statement specifying that Midwestern states and as far north as Regulatory Alternatives, including Alaska’s season will maintain a fixed Ontario. Nesting has been reported in specification of framework dates, season restriction of 1 canvasback daily in lieu Louisiana, Arkansas, Oklahoma, Kansas, length, and bag limits, (C) Zones and of the annual prescriptions from the and Missouri. They have been sighted in Split Seasons, and (D) Special Seasons/ strategy. Colorado, Montana, Nebraska, Iowa, and Species Management. The categories Service Response: The Service Minnesota. Additionally, whitewings correspond to previously published concurs with the Atlantic, Mississippi, are believed to be expanding northward issues/discussions, and only those and Central Flyway Council from Florida and have been seen along containing substantial recommendations recommendations for modification of the eastern seaboard as far north as are discussed below. the canvasback harvest strategy to allow Newfoundland. D. Special Seasons/Species for two potential levels of canvasback White-tipped doves are maintaining a Management seasons: relatively stable population in the (1) An open season with daily bag and Lower Rio Grande Valley of Texas. They i. September Teal Seasons possession limits of 1 and 2, are most abundant in cities and, for the Council Recommendations: The respectively, for the entire regular duck most part, are not available to hunting Central Flyway Council recommended season whenever the allowable harvest because of their urban location. The that the Service change the status of the projects a breeding population in the count in 2004 averaged 0.84 birds per Nebraska September teal season from subsequent year of more than 500,000 stop, an 11.6 percent decrease over the experimental to operational beginning canvasbacks; count in 2003. The estimated harvest with the 2004–05 hunting season. (2) A partial season at the during the special 4-day whitewing Criteria for Nebraska’s September teal ‘‘restrictive’’ package level (30 days in season is less than 3,000 birds. season would be the same as for other the Atlantic and Mississippi Flyways, Review of Public Comments non-production Central Flyway states 39 days in the Central Flyway, and 60 and confined to that area opened to teal in the Pacific Flyway) within the regular The preliminary proposed rulemaking hunting during the experimental phase. duck season whenever a full season (March 22 Federal Register) opened the The Council believes that pre-sunrise projects a breeding population in the public comment period for migratory shooting hours are justified given results subsequent year of less than 500,000 but game bird hunting regulations and from evaluation of non-target attempt a partial season projects a breeding announced the proposed regulatory rates. population over 500,000 birds; and alternatives for the 2004–05 duck Service Response: We concur. Whenever the allowable harvest hunting season. Comments concerning under both the full and partial seasons early-season issues and the proposed iv. Canvasbacks project a breeding population in the alternatives are summarized below and Council Recommendations: The subsequent year of less than 500,000, numbered in the order used in the Atlantic Flyway Council and the Upper- the season will be closed season in all March 22 Federal Register document. and Lower-Region Regulations Flyways. Season splits must conform to Only the numbered items pertaining to Committees of the Mississippi Flyway each State’s zone/split configuration for early-seasons issues and the proposed Council recommended modifying the duck hunting. If a State is authorized to regulatory alternatives for which written current Canvasback Harvest Strategy to split its regular duck season and comments were received are included. allow partial seasons within the regular chooses not to do so, the partial season Consequently, the issues do not follow duck season. The harvest management may still be split into two segments. In in consecutive numerical or strategy would include 3 levels: closed, Alaska, a 1-bird daily bag limit for the alphabetical order. ‘‘restrictive’’ season length, and full entire regular duck season length will be We received recommendations from season. used in all years unless we determine all four Flyway Councils. Some The Central Flyway Council that a complete season closure is in the recommendations supported recommended managing canvasbacks best interest of the canvasback resource continuation of last year’s frameworks. with the ‘Hunters Choice Bag Limit’ and believe it necessary to close the Due to the comprehensive nature of the (aggregate daily bag limit of 1 hen season in Alaska as well as in the lower annual review of the frameworks mallard, mottled duck, pintail, or 48 states. performed by the Councils, support for canvasback). The Council further v. Pintails continuation of last year’s frameworks is recommends that until the ‘Hunter assumed for items for which no Choice Bag Limit’ becomes available the Council Recommendations: The recommendations were received. current strategy should be modified to Atlantic Flyway Council recommended Council recommendations for changes include three levels of harvest modifying the Interim Strategy for in the frameworks are summarized opportunity: full, closed, and partial Northern Pintail Harvest Management to below. We seek additional information seasons. The partial season would allow partial seasons within the regular and comments on the recommendations consist of the ‘‘restrictive’’ season length duck season. The Council recommended in this supplemental proposed rule. (39 days in the Central Flyway). using partial seasons to allow hunting New proposals and modifications to The Pacific Flyway Council opportunity for this species when (1) a previously described proposals are recommended modifying the current full season is predicted to return a discussed below. Wherever possible, canvasback harvest management breeding population below 1.5 million they are discussed under headings strategy to allow partial canvasback (the threshold for season closure) and corresponding to the numbered items in seasons within regular duck season (2) when a partial season is expected to

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return a breeding population at or above implementing partial seasons (67 FR Dakota, and Wyoming’s September 1.5 million. 59110 and 68 FR 55784). We concur goose seasons. The Upper- and Lower-Region with the recommendations of the B. Regular Seasons Regulations Committees of the Atlantic, Mississippi, and Central Mississippi Flyway Council Flyway Councils to include the use of Council Recommendations: The recommended that the current interim partial seasons when circumstances Upper- and Lower-Region Regulations pintail harvest management strategy be warrant, and propose to modify the Committees of the Mississippi Flyway modified to allow partial seasons within interim harvest strategy to provide for Council recommended that the the regular duck hunting season. The partial seasons under the following framework opening date for all species harvest management strategy would conditions: of geese for the regular goose seasons be September 16 in 2004 and future years. include 3 levels: closed, ‘‘restrictive’’ When the current-year breeding population season length, and full season. estimate for northern pintails is lower than If this recommendation is not approved, The Central Flyway Council 2.5 million and the population projection of the Council recommended that the recommended that the interim pintail the model in the harvest strategy predicts framework opening date for all species harvest strategy be revised as follows: that the breeding population will decline in of geese for the regular goose seasons in the following year. Michigan and Wisconsin be September In the Central Flyway, pintails will be included in a ‘Hunters Choice’ daily bag limit 16, 2004. The partial season will consist of the Service Response: We concur with the (hen mallard, or mottled duck, or pintail, or number of days currently allowed in all canvasback—daily bag of 1). When the objective to increase harvest pressure on Flyways under the ‘‘restrictive’’ resident Canada geese in the Mississippi interim pintail harvest strategy model packages with a 1-bird daily bag limit. projections allow for a daily bag of =2, Flyway, and a Michigan evaluation of pintails will be removed from the 1-bird Under all other circumstances, all an earlier framework opening indicates aggregate bag and the prescribed daily bag existing provisions and conditions of that a September 16 opening date would limit will be selected. the current harvest strategy will accomplish that objective. However, a continue to apply. Season splits must If this recommendation is not September 16 opening date Flyway- conform to each State’s zone/split approved, the Council recommended wide would require that the regular configuration for duck hunting. If a the following modification to the season be established during the early- State is authorized to split its regular existing harvest strategy: season regulations process, which duck season and chooses not to do so, When the May Breeding Population Survey presents a number of administrative the partial season may still be split into problems. In addition, a September 16 in the traditional survey areas is below 1.5 two segments. million or the projected fall flight is opening date has implications beyond predicted to be below 2 million (as calculated 4. Canada Geese the Mississippi Flyway, and the other by the models in the interim strategy), adopt Flyway Councils have not had a chance the ‘‘restrictive’’ AHM package season length A. Special Seasons to consider the advisability of such an (39 days in the Central Flyway) with a daily Council Recommendations: The early opening in their respective bag limit of 1, if these regulations are Atlantic Flyway Council recommended Flyways. Therefore, we propose that a projected to produce harvest at levels that that Connecticut’s September goose decision on a September 16 opening be would provide for the 6% annual growth identified as an objective in the strategy. If season framework dates of September 1 deferred until next year so that we and the Restrictive package regulations are to September 25 become operational. the Mississippi Flyway Council can expected to provide for <6% population The Upper- and Lower-Region consider the administrative growth, the season on pintails will be closed. Regulations Committees of the ramifications of establishing regular goose season frameworks during the The Pacific Flyway Council Mississippi Flyway Council early-season process and to provide an recommended maintaining the Interim recommended that Michigan be granted opportunity for the other Flyway Northern Pintail Harvest Strategy as operational status for the September 1– 10 early Canada goose season with a 5- Councils to consider such a change. originally adopted by the Service. Regarding the recommendations for a Service Response: In 1997, the Service bird daily limit within Huron, Tuscola, and Saginaw Counties. September 16 framework opening date formally adopted the use of the interim in Wisconsin and Michigan in 2004, we pintail harvest strategy (62 FR 39712). The Central Flyway Council recommended allowing a 3-year concur. However, we propose that the The interim harvest strategy is based on opening dates in both States continue to a mathematical model of the continental experimental late September Canada goose season in eastern Nebraska. The be considered exceptions to the general pintail population and predicts Flyway opening date, to be reconsidered allowable harvest of pintails in the Council also recommended that South Dakota’s 2000–02 3-year Experimental annually, until the issue of an earlier lower 48 States based on the current Flyway-wide opening date is addressed. size of the pintail breeding population, Late-September Canada Goose Hunting anticipated recruitment, anticipated Season (September 16–30) become 9. Sandhill Cranes operational in 20 eastern South Dakota natural mortality, anticipated mortality Council Recommendations: The counties beginning with the September due to hunting, and the desired size of Central Flyway Council recommended 2004 hunting season. the population in the following spring. using the 2004 Rocky Mountain In 2002, we updated the harvest The Pacific Flyway Council Population sandhill crane harvest prediction equations with the recommended expanding the September allocation of 656 birds as proposed in concurrence of all four Flyway Councils season in Wyoming to include the entire the allocation formula using the 2001– (67 FR 40128). Pacific Flyway portion of Wyoming, 2003 3-year running average. In the March 12 Federal Register, we reducing the daily bag limit from 3 to Service Response: We concur. requested that the Flyway Councils 2, and eliminating the quota on the consider a modification to the interim number of geese harvested. 16. Mourning Doves harvest strategy because for the 2002–03 Service Response: We concur with the Council Recommendations: The and 2003–04 hunting seasons we had recommendations regarding Pacific Flyway Council recommended departed from the interim strategy by Connecticut, Michigan, Nebraska, South that the daily bag limit in Utah be

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changed from 10 mourning doves to 10 cooperative development of guidelines period and respond to them in the final mourning and white-winged doves in for the use of zones and split seasons rule. the aggregate. before departing from the current NEPA Consideration Written Comments: The Alabama policy. Wildlife and Freshwater Fisheries NEPA considerations are covered by Division requested moving Conecuh 18. Alaska the programmatic document, ‘‘Final County from the South zone to the Council Recommendations: The Supplemental Environmental Impact North Zone for the 2004 season. Pacific Flyway Council recommends Statement: Issuance of Annual The Texas Parks and Wildlife that the tundra swan season in Unit 17 Regulations Permitting the Sport Department requested that a portion of become operational. Hunting of Migratory Birds (FSES 88– the South Zone be moved to the Central Service Response: We concur. 14),’’ filed with the Environmental Zone to allow greater hunter utilization Protection Agency on June 9, 1988. We of the white-winged dove population Public Comment Invited published Notice of Availability in the around San Antonio. Texas also The Department of the Interior’s Federal Register on June 16, 1988 (53 requested clarification regarding the policy is, whenever practicable, to FR 22582). We published our Record of framework opening date in its southern afford the public an opportunity to Decision on August 18, 1988 (53 FR zone. participate in the rulemaking process. 31341). In addition, an August 1985 An individual from Louisiana We intend that adopted final rules be as environmental assessment entitled requested a split dove season in the responsive as possible to all concerned ‘‘Guidelines for Migratory Bird Hunting South Zone with the opening split interests and, therefore, seek the Regulations on Federal Indian earlier than September 20. comments and suggestions of the public, Reservations and Ceded Lands’’ is Service Response: We concur with the other concerned governmental agencies, available from the address indicated Pacific Flyway Council’s nongovernmental organizations, and under the caption ADDRESSES. recommendation concerning Utah’s In a proposed rule published in the daily bag limit. other private interests on these proposals. Accordingly, we invite April 30, 2001, Federal Register (66 FR Regarding the requests by Texas and 21298), we expressed our intent to begin Alabama, the nature of the requests interested persons to submit written comments, suggestions, or the process of developing a new made us realize that we need to work Supplemental Environmental Impact with the States to review our current recommendations regarding the proposed regulations to the address Statement for the migratory bird hunting policy regarding zoning for dove program. We plan to begin the public indicated under the caption ADDRESSES. hunting. In particular, we ask the scoping process in 2005. Flyway Councils and Mourning Dove Special circumstances involved in the Management Unit Technical establishment of these regulations limit Endangered Species Act Consideration Committees to review the current the amount of time that we can allow for Prior to issuance of the 2004–05 policies regarding the use of zones and public comment. Specifically, two migratory game bird hunting split seasons for dove hunting, with a considerations compress the time in regulations, we will consider provisions view toward establishing guidelines for which the rulemaking process must of the Endangered Species Act of 1973, the use of these harvest-management operate: (1) The need to establish final as amended (16 U.S.C. 1531–1543; tools, as has been done for waterfowl. rules at a point early enough in the hereinafter the Act) to ensure that Items to be considered should include summer to allow affected State agencies hunting is not likely to jeopardize the the number of zone/split-season to adjust their licensing and regulatory continued existence of any species configurations that could be used, the mechanisms; and (2) the unavailability, designated as endangered or threatened, frequency with which those before mid-June, of specific, reliable or modify or destroy its critical habitat, configurations could be changed, and data on this year’s status of some and is consistent with conservation the need for a restricted framework waterfowl and migratory shore and programs for those species. opening date in south zones. upland game bird populations. Consultations under Section 7 of this Regarding the specific zoning requests Therefore, we believe that to allow Act may cause us to change proposals this year, we concur with the requests comment periods past the dates in this and future supplemental by Alabama and Texas to modify their specified in DATES is contrary to the proposed rulemaking documents. existing zone boundaries. Our approval public interest. is based largely on our past history of Before promulgation of final Executive Order 12866 approving these types of requests and migratory game bird hunting The migratory bird hunting the fact that we anticipate no adverse regulations, we will take into regulations are economically significant biological impact by these proposed consideration all comments received. and were reviewed by the Office of changes. In the future, however, we will Such comments, and any additional Management and Budget (OMB) under be very reluctant to approve any request information received, may lead to final Executive Order 12866. As such, a cost/ for zone boundary changes until the regulations that differ from these benefit analysis was initially prepared development and approval of a new proposals. You may inspect comments in 1981. This analysis was subsequently policy on zoning. Additionally, we ask received on the proposed annual revised annually from 1990–1996, and that all future zoning requests come regulations during normal business then updated in 1998. We have updated through the appropriate Technical hours at the Service’s office in room again this year. It is further discussed Committees and Flyway Councils. 4107, 4501 North Fairfax Drive, below under the heading Regulatory Regarding the issue of framework Arlington, Virginia. For each series of Flexibility Act. Results from the 2004 opening dates in south zones prior to proposed rulemakings, we will establish analysis indicate that the expected September 20, there is no precedent for specific comment periods. We will welfare benefit of the annual migratory the requested change and we desire to consider, but possibly may not respond bird hunting frameworks is on the order wait for Flyway Council and Dove in detail to, each comment. However, as of $734 million to $1.064 billion, with Technical Committee review of the in the past, we will summarize all a midpoint estimate of $899 million. current zoning policies and the comments received during the comment Copies of the cost/benefit analysis are

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available upon request from the address ADDRESSES or from our Web site at requirements of sections 3(a) and 3(b)(2) indicated under ADDRESSES or from our http://www.migratorybirds.gov. of Executive Order 12988. Web site at http:// Small Business Regulatory Enforcement Takings Implication Assessment www.migratorybirds.gov. Fairness Act Executive Order 12866 requires each In accordance with Executive Order agency to write regulations that are easy This rule is a major rule under 5 12630, this proposed rule, authorized by to understand. We invite comments on U.S.C. 804(2), the Small Business the Migratory Bird Treaty Act, does not how to make this rule easier to Regulatory Enforcement Fairness Act. have significant takings implications understand, including answers to For the reasons outlined above, this rule and does not affect any constitutionally questions such as the following: has an annual effect on the economy of protected property rights. This rule will (1) Are the requirements in the rule $100 million or more. However, because not result in the physical occupancy of clearly stated? this rule establishes hunting seasons, we property, the physical invasion of (2) Does the rule contain technical do not plan to defer the effective date property, or the regulatory taking of any language or jargon that interferes with required by 5 U.S.C. 801 under the property. In fact, these rules allow its clarity? exemption contained in 5 U.S.C. 808(1). hunters to exercise otherwise unavailable privileges and, therefore, (3) Does the format of the rule Paperwork Reduction Act reduce restrictions on the use of private (grouping and order of sections, use of We examined these regulations under and public property. headings, paragraphing, etc.) aid or the Paperwork Reduction Act of 1995. reduce its clarity? Energy Effects—Executive Order 13211 The various recordkeeping and (4) Would the rule be easier to reporting requirements imposed under On May 18, 2001, the President issued understand if it were divided into more regulations established in 50 CFR part Executive Order 13211 on regulations (but shorter) sections? 20, subpart K, are utilized in the that significantly affect energy supply, (5) Is the description of the rule in the formulation of migratory game bird distribution, and use. Executive Order SUPPLEMENTARY INFORMATION section of hunting regulations. Specifically, OMB 13211 requires agencies to prepare the preamble helpful in understanding has approved the information collection Statements of Energy Effects when the rule? requirements of the Migratory Bird undertaking certain actions. While this (6) What else could we do to make the Harvest Information Program and proposed rule is a significant regulatory rule easier to understand? assigned clearance number 1018–0015 action under Executive Order 12866, it Send a copy of any comments that (expires 10/31/2004). This information is not expected to adversely affect concern how we could make this rule is used to provide a sampling frame for energy supplies, distribution, or use. easier to understand to: Office of the voluntary national surveys to improve Therefore, this action is not a significant Executive Secretariat and Regulatory our harvest estimates for all migratory energy action and no Statement of Affairs, Department of the Interior, game birds in order to better manage Energy Effects is required. Room 7229, 1849 C Street, NW., these populations. OMB has also Federalism Effects Washington, DC 20240. You may also e- approved the information collection mail comments to this address: requirements of the Sandhill Crane Due to the migratory nature of certain [email protected]. Harvest Questionnaire and assigned species of birds, the Federal Government has been given Regulatory Flexibility Act clearance number 1018–0023 (expires 10/31/2004). The information from this responsibility over these species by the These regulations have a significant survey is used to estimate the Migratory Bird Treaty Act. We annually economic impact on substantial magnitude and the geographical and prescribe frameworks from which the numbers of small entities under the temporal distribution of the harvest, and States make selections regarding the Regulatory Flexibility Act (5 U.S.C. 601 the portion it constitutes of the total hunting of migratory birds, and we et seq.). We analyzed the economic population. employ guidelines to establish special impacts of the annual hunting A Federal agency may not conduct or regulations on Federal Indian regulations on small business entities in sponsor, and a person is not required to reservations and ceded lands. This detail as part of the 1981 cost-benefit respond to, a collection of information process preserves the ability of the analysis discussed under Executive unless it displays a currently valid OMB States and tribes to determine which Order 12866. This analysis was revised control number. seasons meet their individual needs. annually from 1990 through 1995. In Any State or tribe may be more 1995, the Service issued a Small Entity Unfunded Mandates Reform Act restrictive than the Federal frameworks Flexibility Analysis (Analysis), which We have determined and certify, in at any time. The frameworks are was subsequently updated in 1996, compliance with the requirements of the developed in a cooperative process with 1998, and 2004. The primary source of Unfunded Mandates Reform Act, 2 the States and the Flyway Councils. information about hunter expenditures U.S.C. 1502 et seq., that this rulemaking This process allows States to participate for migratory game bird hunting is the will not impose a cost of $100 million in the development of frameworks from National Hunting and Fishing Survey, or more in any given year on local or which they will make selections, which is conducted at 5-year intervals. State government or private entities. thereby having an influence on their The 2004 Analysis was based on the Therefore, this rule is not a ‘‘significant own regulations. These rules do not 2001 National Hunting and Fishing regulatory action’’ under the Unfunded have a substantial direct effect on fiscal Survey and the U.S. Department of Mandates Reform Act. capacity, change the roles or Commerce’s County Business Patterns, responsibilities of Federal or State from which it was estimated that Civil Justice Reform—Executive Order governments, or intrude on State policy migratory bird hunters would spend 12988 or administration. Therefore, in between $481 million and $1.2 billion at The Department, in promulgating this accordance with Executive Order 13132, small businesses in 2004. Copies of the proposed rule, has determined that this these regulations do not have significant Analysis are available upon request rule will not unduly burden the judicial federalism effects and do not have from the address indicated under system and that it meets the sufficient federalism implications to

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warrant the preparation of a federalism Oregon, Utah, Washington, and those Maryland, where the hours are from assessment. portions of Colorado, Montana, New sunrise to sunset. Mexico, and Wyoming not included in List of Subjects in 50 CFR Part 20 Mississippi and Central Flyways— the Central Flyway. One-half hour before sunrise to sunset, Exports, Hunting, Imports, Reporting Management Units except in the States of Arkansas, and recordkeeping requirements, Illinois, Indiana, Missouri, and Ohio, Mourning Dove Management Units: Transportation, Wildlife. where the hours are from sunrise to Eastern Management Unit—All States The rules that eventually will be sunset. promulgated for the 2004–05 hunting east of the Mississippi River, and season are authorized under 16 U.S.C. Louisiana. Special September Duck Seasons 703–712 and 16 U.S.C. 742 a–j. Central Management Unit—Arkansas, Colorado, Iowa, Kansas, Minnesota, Florida, Kentucky and Tennessee: In Dated: July 14, 2004. Missouri, Montana, Nebraska, New lieu of a special September teal season, Craig Manson, Mexico, North Dakota, Oklahoma, South a 5-consecutive-day season may be Assistant Secretary for Fish and Wildlife and Dakota, Texas, and Wyoming. selected in September. The daily bag Parks. Western Management Unit—Arizona, limit may not exceed 4 teal and wood Proposed Regulations Frameworks for California, Idaho, Nevada, Oregon, Utah, ducks in the aggregate, of which no 2004–05 Early Hunting Seasons on and Washington. more than 2 may be wood ducks. Certain Migratory Game Birds Woodcock Management Regions: Iowa: Iowa may hold up to 5 days of Eastern Management Region— its regular duck hunting season in Pursuant to the Migratory Bird Treaty Connecticut, Delaware, Florida, Georgia, September. All ducks that are legal Act and delegated authorities, the Maine, Maryland, Massachusetts, New during the regular duck season may be Department of the Interior approved the Hampshire, New Jersey, New York, taken during the September segment of following proposed frameworks, which North Carolina, Pennsylvania, Rhode the season. The September season prescribe season lengths, bag limits, Island, South Carolina, Vermont, segment may commence no earlier than shooting hours, and outside dates Virginia, and West Virginia. the Saturday nearest September 20 within which States may select hunting Central Management Region— (September 18). The daily bag and seasons for certain migratory game birds Alabama, Arkansas, Illinois, Indiana, possession limits will be the same as between September 1, 2004, and March Iowa, Kansas, Kentucky, Louisiana, those in effect last year, but are subject 10, 2005. Michigan, Minnesota, Mississippi, to change during the late-season General Missouri, Nebraska, North Dakota, Ohio, regulations process. The remainder of Oklahoma, South Dakota, Tennessee, Dates: All outside dates noted below the regular duck season may not begin Texas, and Wisconsin. before October 10. are inclusive. Other geographic descriptions are Shooting and Hawking (Taking by contained in a later portion of this Special Youth Waterfowl Hunting Days Falconry) Hours: Unless otherwise document. specified, from one-half hour before Compensatory Days in the Atlantic Outside Dates: States may select two sunrise to sunset daily. Flyway: In the Atlantic Flyway States of consecutive days (hunting days in Possession Limits: Unless otherwise Connecticut, Delaware, Maine, Atlantic Flyway States with specified, possession limits are twice Maryland, Massachusetts, New Jersey, compensatory days) per duck-hunting the daily bag limit. North Carolina, Pennsylvania, and zone, designated as ‘‘Youth Waterfowl Hunting Days,’’ in addition to their Flyways and Management Units Virginia, where Sunday hunting is prohibited statewide by State law, all regular duck seasons. The days must be Waterfowl Flyways: Atlantic Flyway— Sundays are closed to all take of held outside any regular duck season on includes Connecticut, Delaware, migratory waterfowl (including a weekend, holidays, or other non- Florida, Georgia, Maine, Maryland, mergansers and coots). school days when youth hunters would Massachusetts, New Hampshire, New have the maximum opportunity to Jersey, New York, North Carolina, Special September Teal Season participate. The days may be held up to Pennsylvania, Rhode Island, South Outside Dates: Between September 1 14 days before or after any regular duck- Carolina, Vermont, Virginia, and West and September 30, an open season on season frameworks or within any split Virginia. all species of teal may be selected by the of a regular duck season, or within any Mississippi Flyway—includes following States in areas delineated by other open season on migratory birds. Alabama, Arkansas, Illinois, Indiana, State regulations: Daily Bag Limits: The daily bag limits Iowa, Kentucky, Louisiana, Michigan, Atlantic Flyway—Delaware, Florida, may include ducks, geese, mergansers, Minnesota, Mississippi, Missouri, Ohio, Georgia, Maryland, North Carolina, coots, moorhens, and gallinules and Tennessee, and Wisconsin. South Carolina, and Virginia. would be the same as those allowed in Central Flyway—includes Colorado Mississippi Flyway—Alabama, the regular season. Flyway species and (east of the Continental Divide), Kansas, Arkansas, Illinois, Indiana, Kentucky, area restrictions would remain in effect. Montana (Counties of Blaine, Carbon, Louisiana, Mississippi, Missouri, Ohio, Shooting Hours: One-half hour before Fergus, Judith Basin, Stillwater, and Tennessee. Sweetgrass, Wheatland, and all counties Central Flyway—Colorado (part), sunrise to sunset. east thereof), Nebraska, New Mexico Kansas, Nebraska (part), New Mexico Participation Restrictions: Youth (east of the Continental Divide except (part), Oklahoma, and Texas. hunters must be 15 years of age or the Jicarilla Apache Indian Reservation), Hunting Seasons and Daily Bag younger. In addition, an adult at least 18 North Dakota, Oklahoma, South Dakota, Limits: Not to exceed 9 consecutive years of age must accompany the youth Texas, and Wyoming (east of the days. The daily bag limit is 4 teal. hunter into the field. This adult may not Continental Divide). Shooting Hours: duck hunt but may participate in other Pacific Flyway—includes Alaska, Atlantic Flyway—One-half hour seasons that are open on the special Arizona, California, Idaho, Nevada, before sunrise to sunset except in youth day.

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Scoter, Eider, and Oldsquaw Ducks may be selected for the Montezuma Pacific Flyway (Atlantic Flyway) Region of New York and the Lake General Seasons Outside Dates: Between September 15 Champlain Region of New York and and January 31. Vermont. Experimental seasons of up to California may select a 9-day season Hunting Seasons and Daily Bag 30 days during September 1–30 may be in Humboldt County during the period Limits: Not to exceed 107 days, with a selected by Connecticut, Florida, September 1–15. The daily bag limit is daily bag limit of 7, singly or in the Georgia, New York (Long Island Zone), 2. aggregate of the listed sea-duck species, North Carolina (except in the Northeast Colorado may select a 9-day season of which no more than 4 may be scoters. Hunt Unit), and South Carolina. Areas during the period of September 1–15. Daily Bag Limits During the Regular open to the hunting of Canada geese The daily bag limit is 3. Duck Season: Within the special sea must be described, delineated, and Oregon may select a special Canada duck areas, during the regular duck designated as such in each State’s goose season of up to 15 days during the season in the Atlantic Flyway, States hunting regulations. period September 1–15. In addition, in may choose to allow the above sea duck Daily Bag Limits: Not to exceed 8 the NW goose management zone in limits in addition to the limits applying Canada geese. Oregon, a 15-day season may be selected during the period September 1–20. to other ducks during the regular duck Mississippi Flyway season. In all other areas, sea ducks may Daily bag limits may not exceed 5 be taken only during the regular open General Seasons Canada geese. season for ducks and are part of the Canada goose seasons of up to 15 days Idaho may select a 7-day season in the regular duck season daily bag (not to during September 1–15 may be selected, special East Canada Goose Zone, as exceed 4 scoters) and possession limits. except in the Upper Peninsula in described in State regulations, during Areas: In all coastal waters and all Michigan, where the season may not the period September 1–15. All waters of rivers and streams seaward extend beyond September 10, and in participants must have a valid State from the first upstream bridge in Maine, Minnesota (except in the Northwest permit, and the total number of permits New Hampshire, Massachusetts, Rhode Goose Zone), where a season of up to 22 issued is not to exceed 110 for this zone. Island, Connecticut, and New York; in days during September 1–22 may be The daily bag limit is 2. any waters of the Atlantic Ocean and in selected. The daily bag limit may not Idaho may select a 7-day Canada any tidal waters of any bay which are exceed 5 Canada geese. Areas open to goose season during the period separated by at least 1 mile of open the hunting of Canada geese must be September 1–15 in Nez Perce County, water from any shore, island, and described, delineated, and designated as with a bag limit of 4. emergent vegetation in New Jersey, such in each State’s hunting regulations. Washington may select a special South Carolina, and Georgia; and in any A Canada goose season of up to 10 Canada goose season of up to 15 days waters of the Atlantic Ocean and in any consecutive days during September 1– during the period September 1–15. tidal waters of any bay which are 10 may be selected by Michigan for Daily bag limits may not exceed 5 separated by at least 800 yards of open Huron, Saginaw, and Tuscola Counties, Canada geese. water from any shore, island, and except that the Shiawassee National Wyoming may select an 8-day season emergent vegetation in Delaware, Wildlife Refuge, Shiawassee River State on Canada geese between September 1– Maryland, North Carolina and Virginia; Game Area Refuge, and the Fish Point 15. This season is subject to the and provided that any such areas have Wildlife Area Refuge will remain following conditions: been described, delineated, and closed. The daily bag limit may not 1. Where applicable, the season must designated as special sea-duck hunting exceed 5 Canada geese. be concurrent with the September areas under the hunting regulations portion of the sandhill crane season. adopted by the respective States. Central Flyway 2. All participants must have a valid Special Early Canada Goose Seasons General Seasons State permit for the special season. 3. A daily bag limit of 2, with season Atlantic Flyway Canada goose seasons of up to 15 days and possession limits of 4, will apply to during September 1–15 may be selected. General Seasons the special season. The daily bag limit may not exceed 5 Areas open to hunting of Canada Canada goose seasons of up to 15 days Canada geese. Areas open to the hunting geese in each State must be described, during September 1–15 may be selected of Canada geese must be described, delineated, and designated as such in for the Eastern Unit of Maryland and delineated, and designated as such in each State’s hunting regulations. Delaware. Seasons not to exceed 30 days each State’s hunting regulations. during September 1–30 may be selected A Canada goose season of up to 15 Regular Goose Seasons for the Northeast Hunt Unit of North consecutive days during September 16– Regular goose seasons may open as Carolina, New Jersey, and Rhode Island. 30 may be selected by South Dakota. early as September 16 in Wisconsin and Except for experimental seasons The daily bag limit may not exceed 5 Michigan. Season lengths, bag and described below, seasons may not Canada geese. possession limits, and other provisions exceed 25 days during September 1–25 Experimental Seasons will be established during the late- in the remainder of the Flyway. Areas season regulations process. open to the hunting of Canada geese An experimental Canada goose season must be described, delineated, and of up to 9 consecutive days during Sandhill Cranes September 22–30 may be selected by designated as such in each State’s Regular Seasons in the Central Flyway hunting regulations. Oklahoma. The daily bag limit may not Daily Bag Limits: Not to exceed 8 exceed 5 Canada geese. Outside Dates: Between September 1 Canada geese. An experimental Canada goose season and February 28. of up to 15 consecutive days during Hunting Seasons: Seasons not to Experimental Seasons September 16–30 may be selected by exceed 37 consecutive days may be Experimental Canada goose seasons of Nebraska. The daily bag limit may not selected in designated portions of North up to 25 days during September 1–25 exceed 5 Canada geese. Dakota (Area 2) and Texas (Area 2).

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Seasons not to exceed 58 consecutive Common Moorhens and Purple seasons between October 1 and January days may be selected in designated Gallinules 31. States in the Central Management portions of the following States: Outside Dates: Between September 1 Region may select hunting seasons Colorado, Kansas, Montana, North and January 20 in the Atlantic Flyway, between the Saturday nearest September Dakota, South Dakota, and Wyoming. and between September 1 and the 22 (September 25) and January 31. Seasons not to exceed 93 consecutive Sunday nearest January 20 (January 23) Hunting Seasons and Daily Bag days may be selected in designated in the Mississippi and Central Flyways. Limits: Seasons may not exceed 30 days portions of the following States: New States in the Pacific Flyway have been in the Eastern Region and 45 days in the Mexico, Oklahoma, and Texas. allowed to select their hunting seasons Central Region. The daily bag limit is 3. Daily Bag Limits: 3 sandhill cranes, between the outside dates for the season Seasons may be split into two segments. except 2 sandhill cranes in designated on ducks; therefore, they are late-season Zoning: New Jersey may select portions of North Dakota (Area 2) and frameworks, and no frameworks are seasons in each of two zones. The Texas (Area 2). provided in this document. season in each zone may not exceed 24 Permits: Each person participating in Hunting Seasons and Daily Bag days. the regular sandhill crane seasons must Limits: Seasons may not exceed 70 days Band-Tailed Pigeons have a valid Federal sandhill crane in the Atlantic, Mississippi, and Central hunting permit and/or, in those States Flyways. Seasons may be split into 2 Pacific Coast States (California, Oregon, where a Federal sandhill crane permit is segments. The daily bag limit is 15 Washington, and Nevada) not issued, a State-issued Harvest common moorhens and purple Outside Dates: Between September 15 Information Survey Program (HIP) gallinules, singly or in the aggregate of and January 1. certification for game bird hunting in the two species. their possession while hunting. Zoning: Seasons may be selected by Hunting Seasons and Daily Bag zones established for duck hunting. Limits: Not more than 9 consecutive Special Seasons in the Central and days, with a daily bag limit of 2 band- Pacific Flyways Rails tailed pigeons. Arizona, Colorado, Idaho, Montana, Outside Dates: States included herein Zoning: California may select hunting New Mexico, Utah, and Wyoming may may select seasons between September seasons not to exceed 9 consecutive select seasons for hunting sandhill 1 and January 20 on clapper, king, sora, days in each of two zones. The season cranes within the range of the Rocky and Virginia rails. in the North Zone must close by October Mountain Population (RMP) subject to Hunting Seasons: The season may not 3. exceed 70 days, and may be split into the following conditions: Four-Corners States (Arizona, Colorado, 2 segments. Outside Dates: Between September 1 New Mexico, and Utah) and January 31. Daily Bag Limits: Clapper and King Hunting Seasons: The season in any Rails—In Rhode Island, Connecticut, Outside Dates: Between September 1 State or zone may not exceed 30 days. New Jersey, Delaware, and Maryland, and November 30. Bag limits: Not to exceed 3 daily and 10, singly or in the aggregate of the two Hunting Seasons and Daily Bag 9 per season. species. In Texas, Louisiana, Limits: Not more than 30 consecutive Permits: Participants must have a Mississippi, Alabama, Georgia, Florida, days, with a daily bag limit of 5 band- valid permit, issued by the appropriate South Carolina, North Carolina, and tailed pigeons. State, in their possession while hunting. Virginia, 15, singly or in the aggregate Zoning: New Mexico may select Other provisions: Numbers of permits, of the two species. hunting seasons not to exceed 20 open areas, season dates, protection Sora and Virginia Rails—In the consecutive days in each of two zones. plans for other species, and other Atlantic, Mississippi, and Central The season in the South Zone may not provisions of seasons must be consistent Flyways and the Pacific-Flyway open until October 1. with the management plan and portions of Colorado, Montana, New Mourning Doves approved by the Central and Pacific Mexico, and Wyoming, 25 daily and 25 Flyway Councils with the following in possession, singly or in the aggregate Outside Dates: Between September 1 exceptions: of the two species. The season is closed and January 15, except as otherwise 1. In Utah, the requirement for in the remainder of the Pacific Flyway. provided, States may select hunting monitoring the racial composition of the Common Snipe seasons and daily bag limits as follows: harvest in the experimental season is Outside Dates: Between September 1 Eastern Management Unit waived, and 100 percent of the harvest and February 28, except in Maine, will be assigned to the RMP quota; Vermont, New Hampshire, Hunting Seasons and Daily Bag 2. In Arizona, the annual requirement Massachusetts, Rhode Island, Limits: Not more than 70 days with a for monitoring the racial composition of Connecticut, New York, New Jersey, daily bag limit of 12, or not more than the harvest is changed to once every 3 Delaware, Maryland, and Virginia, 60 days with a daily bag limit of 15. years; where the season must end no later than Zoning and Split Seasons: States may 3. In Idaho, seasons are experimental, January 31. select hunting seasons in each of two and the requirement for monitoring the Hunting Seasons and Daily Bag zones. The season within each zone may racial composition of the harvest is Limits: Seasons may not exceed 107 be split into not more than three waived; 100 percent of the harvest will days and may be split into two periods. The hunting seasons in the be assigned to the RMP quota; and segments. The daily bag limit is 8 snipe. South Zones of Alabama, Florida, 4. In New Mexico, the season in the Zoning: Seasons may be selected by Georgia, and Louisiana may commence Estancia Valley is experimental, with a zones established for duck hunting. no earlier than September 20. requirement to monitor the level and Regulations for bag and possession racial composition of the harvest; American Woodcock limits, season length, and shooting greater sandhill cranes in the harvest Outside Dates: States in the Eastern hours must be uniform within specific will be assigned to the RMP quota. Management Region may select hunting hunting zones.

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Central Management Unit where the daily bag limit may not Closures: The season is closed on Hunting Seasons and Daily Bag exceed 10 mourning and white-winged Canada geese from Unimak Pass Limits: Not more than 70 days with a doves in the aggregate. westward in the Aleutian Island chain. The hunting season is closed on daily bag limit of 12, or not more than White-Winged and White-Tipped Doves emperor geese, spectacled eiders, and 60 days with a daily bag limit of 15 Hunting Seasons and Daily Bag mourning and white-winged doves in Steller’s eiders. Limits: Daily Bag and Possession Limits: the aggregate. Except as shown below, seasons must Zoning and Split Seasons: States may Ducks—Except as noted, a basic daily be concurrent with mourning dove bag limit of 7 and a possession limit of select hunting seasons in each of two seasons. zones. The season within each zone may 21 ducks. Daily bag and possession be split into not more than three Eastern Management Unit limits in the North Zone are 10 and 30, periods. In Florida, the daily bag limit may not and in the Gulf Coast Zone, they are 8 Texas may select hunting seasons for exceed 12 mourning and white-winged and 24, respectively. The basic limits each of three zones subject to the doves (15 under the alternative) in the may include no more than 1 canvasback following conditions: aggregate, of which no more than 4 may daily and 3 in possession and may not A. The hunting season may be split be white-winged doves. include sea ducks. into not more than two periods, except In the remainder of the Eastern In addition to the basic duck limits, in that portion of Texas in which the Management Unit, the season is closed. Alaska may select sea duck limits of 10 special white-winged dove season is daily, 20 in possession, singly or in the Central Management Unit allowed, where a limited mourning aggregate, including no more than 6 dove season may be held concurrently In Texas, the daily bag limit may not each of either harlequin or long-tailed with that special season (see white- exceed 12 mourning, white-winged, and ducks. Sea ducks include scoters, winged dove frameworks). white-tipped doves (15 under the common and king eiders, harlequin B. A season may be selected for the alternative) in the aggregate, of which ducks, long-tailed ducks, and common North and Central Zones between no more than 2 may be white-tipped and red-breasted mergansers. September 1 and January 25; and for the doves. In addition, Texas also may Light Geese—A basic daily bag limit South Zone between September 20 and select a hunting season of not more than of 3 and a possession limit of 6. January 25. 4 days for the special white-winged Dark Geese—A basic daily bag limit of C. Daily bag limits are aggregate bag dove area of the South Zone between 4 and a possession limit of 8. limits with mourning, white-winged, September 1 and September 19. The Dark-goose seasons are subject to the and white-tipped doves (see white- daily bag limit may not exceed 10 following exceptions: winged dove frameworks for specific white-winged, mourning, and white- 1. In Units 5 and 6, the taking of daily bag limit restrictions). tipped doves in the aggregate, of which Canada geese is permitted from D. Except as noted above, regulations no more than 5 may be mourning doves September 28 through December 16. A for bag and possession limits, season and 2 may be white-tipped doves. special, permit-only Canada goose length, and shooting hours must be In the remainder of the Central season may be offered on Middleton uniform within each hunting zone. Management Unit, the daily bag limit Island. No more than 10 permits can be may not exceed 12 (15 under the issued. A mandatory goose Western Management Unit alternative) mourning and white-winged identification class is required. Hunters Hunting Seasons and Daily Bag doves in the aggregate. must check in and check out. The bag Limits: Western Management Unit limit is 1 daily and 1 in possession. The Idaho, Oregon, and Washington—Not season will close if incidental harvest Arizona may select a hunting season more than 30 consecutive days with a includes 5 dusky Canada geese. A dusky of not more than 30 consecutive days, Canada goose is any dark-breasted daily bag limit of 10 mourning doves. running concurrently with the first Canada goose (Munsell 10 YR color Utah—Not more than 30 consecutive segment of the mourning dove season. value five or less) with a bill length days with a daily bag limit that may not The daily bag limit may not exceed 10 between 40 and 50 millimeters. exceed 10 mourning doves and white- mourning and white-winged doves in 2. In Unit 10 (except Unimak Island), winged doves in the aggregate. the aggregate, of which no more than 6 the taking of Canada geese is prohibited. Nevada—Not more than 30 may be white-winged doves. consecutive days with a daily bag limit In Utah, the Nevada Counties of Clark 3. In Unit 9(D) and the Unimak Island of 10 mourning doves, except in Clark and Nye, and in the California Counties portion of Unit 10, the limits for dark and Nye Counties, where the daily bag of Imperial, Riverside, and San geese are 6 daily and 12 in possession. limit may not exceed 10 mourning and Bernardino, the daily bag limit may not Brant—A daily bag limit of 2. white-winged doves in the aggregate. exceed 10 mourning and white-winged Common snipe—A daily bag limit of Arizona and California—Not more doves in the aggregate. 8. than 60 days, which may be split In the remainder of the Western Sandhill cranes—Bag and possession between two periods, September 1–15 Management Unit, the season is closed. limits of 2 and 4, respectively, in the and November 1–January 15. In Southeast, Gulf Coast, Kodiak, and Arizona, during the first segment of the Alaska Aleutian Zones, and Unit 17 in the season, the daily bag limit is 10 Outside Dates: Between September 1 Northern Zone. In the remainder of the mourning and white-winged doves in and January 26. Northern Zone (outside Unit 17), bag the aggregate, of which no more than 6 Hunting Seasons: Alaska may select and possession limits of 3 and 6, may be white-winged doves. During the 107 consecutive days for waterfowl, respectively. remainder of the season, the daily bag sandhill cranes, and common snipe in Tundra Swans—Open seasons for limit is 10 mourning doves. In each of five zones. The season may be tundra swans may be selected subject to California, the daily bag limit is 10 split without penalty in the Kodiak the following conditions: mourning doves, except in Imperial, Zone. The seasons in each zone must be 1. All seasons are by registration Riverside, and San Bernardino Counties, concurrent. permit only.

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2. All season framework dates are The season may be split into two any species or group of species in a September 1—October 31. segments. geographical area. Each extended season 3. In Game Management Unit (GMU) may be divided into a maximum of 3 Daily Bag Limits 17, no more than 200 permits may be segments. issued during this operational season. Ducks—Not to exceed 6. Framework Dates: Seasons must fall No more than 3 tundra swans may be Common moorhens—Not to exceed 6. between September 1 and March 10. authorized per permit with no more Common snipe—Not to exceed 8. Daily Bag and Possession Limits: than 1 permit issued per hunter per Closed Seasons: The season is closed Falconry daily bag and possession limits season. on the ruddy duck, white-cheeked for all permitted migratory game birds 4. In Game Management Unit (GMU) pintail, West Indian whistling duck, must not exceed 3 and 6 birds, 18, no more than 500 permits may be fulvous whistling duck, and masked respectively, singly or in the aggregate, issued during the operational season. duck, which are protected by the during extended falconry seasons, any Up to 3 tundra swans may be authorized Commonwealth of Puerto Rico. The special or experimental seasons, and per permit. No more than 1 permit may season also is closed on the purple regular hunting seasons in all States, be issued per hunter per season. gallinule, American coot, and Caribbean including those that do not select an 5. In GMU 22, no more than 300 coot. extended falconry season. permits may be issued during the Closed Areas: There is no open season Regular Seasons: General hunting operational season. Each permittee may on ducks, common moorhens, and regulations, including seasons and be authorized to take up to 3 tundra common snipe in the Municipality of hunting hours, apply to falconry in each swan per permit. No more than 1 permit Culebra and on Desecheo Island. State listed in 50 CFR 21.29(k). Regular- may be issued per hunter per season. Virgin Islands season bag and possession limits do not 6. In GMU 23, no more than 300 apply to falconry. The falconry bag limit permits may be issued during the Doves and Pigeons is not in addition to gun limits. operational season. No more than 3 Outside Dates: Between September 1 Area, Unit, and Zone Descriptions tundra swans may be authorized per and January 15. permit with no more than 1 permit Hunting Seasons: Not more than 60 Mourning and White-Winged Doves issued per hunter per season. days for Zenaida doves. Alabama Daily Bag and Possession Limits: Not Hawaii to exceed 10 Zenaida doves. South Zone—Baldwin, Barbour, Outside Dates: Between October 1 and Closed Seasons: No open season is Coffee, Covington, Dale, Escambia, January 31. prescribed for ground or quail doves, or Geneva, Henry, Houston, and Mobile Hunting Seasons: Not more than 65 pigeons in the Virgin Islands. Counties. days (75 under the alternative) for Closed Areas: There is no open season North Zone—Remainder of the State. mourning doves. for migratory game birds on Ruth Cay California Bag Limits: Not to exceed 15 (12 (just south of St. Croix). under the alternative) mourning doves. Local Names for Certain Birds: White-winged Dove Open Areas— Imperial, Riverside, and San Bernardino Note: Mourning doves may be taken in Zenaida dove, also known as mountain Hawaii in accordance with shooting hours dove; bridled quail-dove, also known as Counties. and other regulations set by the State of Barbary dove or partridge; Common Florida Hawaii, and subject to the applicable ground-dove, also known as stone dove, provisions of 50 CFR part 20. tobacco dove, rola, or tortolita; scaly- Northwest Zone—The Counties of naped pigeon, also known as red-necked Bay, Calhoun, Escambia, Franklin, Puerto Rico or scaled pigeon. Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton, Doves and Pigeons Ducks Washington, Leon (except that portion Outside Dates: Between September 1 Outside Dates: Between December 1 north of U.S. 27 and east of State Road and January 15. and January 31. 155), Jefferson (south of U.S. 27, west of Hunting Seasons: Not more than 60 Hunting Seasons: Not more than 55 State Road 59 and north of U.S. 98), and days. consecutive days. Wakulla (except that portion south of Daily Bag and Possession Limits: Not Daily Bag Limits: Not to exceed 6. U.S. 98 and east of the St. Marks River). to exceed 15 Zenaida, mourning, and Closed Seasons: The season is closed South Zone—Remainder of State. white-winged doves in the aggregate, of on the ruddy duck, white-cheeked Georgia which not more than 3 may be pintail, West Indian whistling duck, mourning doves. Not to exceed 5 scaly- fulvous whistling duck, and masked Northern Zone—That portion of the naped pigeons. duck. State lying north of a line running west Closed Areas: There is no open season to east along U.S. Highway 280 from on doves or pigeons in the following Special Falconry Regulations Columbus to Wilcox County, thence areas: Municipality of Culebra, Falconry is a permitted means of southward along the western border of Desecheo Island, Mona Island, El Verde taking migratory game birds in any State Wilcox County; thence east along the Closure Area, and Cidra Municipality meeting Federal falconry standards in southern border of Wilcox County to the and adjacent areas. 50 CFR 21.29(k). These States may Ocmulgee River, thence north along the select an extended season for taking Ocmulgee River to Highway 280, thence Ducks, Coots, Moorhens, Gallinules, and migratory game birds in accordance east along Highway 280 to the Little Snipe with the following: Ocmulgee River; thence southward Outside Dates: Between October 1 and Extended Seasons: For all hunting along the Little Ocmulgee River to the January 31. methods combined, the combined Ocmulgee River; thence southwesterly Hunting Seasons: Not more than 55 length of the extended season, regular along the Ocmulgee River to the western days may be selected for hunting ducks, season, and any special or experimental border of Jeff Davis County; thence common moorhens, and common snipe. seasons must not exceed 107 days for south along the western border of Jeff

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Davis County; thence east along the Band-Tailed Pigeons 28 to I–195, west to the Rhode Island southern border of Jeff Davis and border; except the waters, and the lands California Appling Counties; thence north along 150 yards inland from the high-water the eastern border of Appling County, to North Zone—Alpine, Butte, Del Norte, mark, of the Assonet River upstream to the Altamaha River; thence east to the Glenn, Humboldt, Lassen, Mendocino, the MA 24 bridge, and the Taunton eastern border of Tattnall County; Modoc, Plumas, Shasta, Sierra, River upstream to the Center St.-Elm St. thence north along the eastern border of Siskiyou, Tehama, and Trinity Counties. bridge will be in the Coastal Zone. Tattnall County; thence north along the South Zone—The remainder of the Coastal Zone—That portion of western border of Evans to Candler State. Massachusetts east and south of the County; thence east along the northern New Mexico Central Zone. border of Evans County to U.S. Highway New York 301; thence northeast along U.S. North Zone—North of a line following Highway 301 to the South Carolina line. U.S. 60 from the Arizona State line east Lake Champlain Zone—The U.S. South Zone—Remainder of the State. to I–25 at Socorro and then south along portion of Lake Champlain and that area I–25 from Socorro to the Texas State east and north of a line extending along Louisiana line. NY 9B from the Canadian border to U.S. North Zone—That portion of the State South Zone—Remainder of the State. 9, south along U.S. 9 to NY 22 south of north of Interstate Highway 10 from the Washington Keesville; south along NY 22 to the west Texas State line to Baton Rouge, shore of South Bay, along and around Interstate Highway 12 from Baton Rouge Western Washington—The State of the shoreline of South Bay to NY 22 on to Slidell and Interstate Highway 10 Washington excluding those portions the east shore of South Bay; southeast from Slidell to the Mississippi State lying east of the Pacific Crest Trail and along NY 22 to U.S. 4, northeast along line. east of the Big White Salmon River in U.S. 4 to the Vermont border. South Zone—The remainder of the Klickitat County. Long Island Zone—That area State. Woodcock consisting of Nassau County, Suffolk County, that area of Westchester County Nevada New Jersey southeast of I–95, and their tidal waters. White-winged Dove Open Areas— North Zone—That portion of the State Western Zone—That area west of a Clark and Nye Counties. north of NJ 70. line extending from Lake Ontario east Texas South Zone—The remainder of the along the north shore of the Salmon State. River to I–81, and south along I–81 to North Zone—That portion of the State the Pennsylvania border, except for the north of a line beginning at the Special September Canada Goose Montezuma Zone. International Bridge south of Fort Seasons Montezuma Zone—Those portions of Hancock; north along FM 1088 to TX 20; Atlantic Flyway Cayuga, Seneca, Ontario, Wayne, and west along TX 20 to TX 148; north along Oswego Counties north of U.S. Route TX 148 to I–10 at Fort Hancock; east Connecticut 20, east of NYS Route 14, south of NYS along I–10 to I–20; northeast along I–20 North Zone—That portion of the State Route 104, and west of NYS Route 34. to I–30 at Fort Worth; northeast along I– north of I–95. Northeastern Zone—That area north 30 to the Texas-Arkansas State line. South Zone—Remainder of the State. of a line extending from Lake Ontario South Zone—That portion of the State east along the north shore of the Salmon Maryland south and west of a line beginning at the River to I–81, south along I–81 to NY 49, International Bridge south of Del Rio, Eastern Unit—Anne Arundel, Calvert, east along NY 49 to NY 365, east along proceeding east on U.S. 90 to State Loop Caroline, Cecil, Charles, Dorchester, NY 365 to NY 28, east along NY 28 to 1604 west of San Antonio; then south, Harford, Kent, Queen Anne’s, St. NY 29, east along NY 29 to I–87, north east and north along Loop 1604 to Mary’s, Somerset, Talbot, Wicomico, along I–87 to U.S. 9 (at Exit 20), north Interstate Highway 10 east of San and Worcester Counties, and those along U.S. 9 to NY 149, east along NY Antonio; then east on I–10 to Orange, portions of Baltimore, Howard, and 149 to U.S. 4, north along U.S. 4 to the Texas. Prince George’s Counties east of I–95. Vermont border, exclusive of the Lake Special White-winged Dove Area in Western Unit—Allegany, Carroll, Champlain Zone. the South Zone—That portion of the Frederick, Garrett, Montgomery, and Southeastern Zone—The remaining State south and west of a line beginning Washington Counties, and those portion of New York. at the International Bridge south of Del portions of Baltimore, Howard, and Rio, proceeding east on U.S. 90 to Prince George’s Counties west of I–95. North Carolina Uvalde; south on U.S. 83 to TX 44; east Northeast Hunt Unit—Counties of Massachusetts along TX 44 to TX 16 at Freer; south Bertie, Camden, Chowan, Currituck, along TX 16 to TX 285 at Hebbronville; Western Zone—That portion of the Dare, Hyde, Pasquotank, Perquimans, east along TX 285 to FM 1017; State west of a line extending south Tyrrell, and Washington. southwest along FM 1017 to TX 186 at from the Vermont border on I–91 to MA Linn; east along TX 186 to the Mansfield 9, west on MA 9 to MA 10, south on MA Vermont Channel at Port Mansfield; east along 10 to U.S. 202, south on U.S. 202 to the Lake Champlain Zone: The U.S. the Mansfield Channel to the Gulf of Connecticut border. portion of Lake Champlain and that area Mexico. Central Zone—That portion of the north and west of the line extending Area with additional restrictions— State east of the Berkshire Zone and from the New York border along U.S. 4 Cameron, Hidalgo, Starr, and Willacy west of a line extending south from the to VT 22A at Fair Haven; VT 22A to U.S. Counties. New Hampshire border on I–95 to U.S. 7 at Vergennes; U.S. 7 to the Canadian Central Zone—That portion of the 1, south on U.S. 1 to I–93, south on I– border. State lying between the North and South 93 to MA 3, south on MA 3 to U.S. 6, Interior Zone: That portion of Zones. west on U.S. 6 to MA 28, west on MA Vermont west of the Lake Champlain

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Zone and eastward of a line extending thence east along Highway 30 to Highway 44; thence east along Highway from the Massachusetts border at Highway 1; thence south along Highway 44 to County Road R30; thence north Interstate 91; north along Interstate 91 to 1 to Morse Road in Johnson County; along County Road R30 to County Road U.S. 2; east along U.S. 2 to VT 102; thence east along Morse Road to Wapsi F31; thence east along County Road F31 north along VT 102 to VT 253; north Avenue; thence south along Wapsi to Highway 17; thence north along along VT 253 to the Canadian border. Avenue to Lower West Branch Road; Highway 17 to Highway 415 in Polk Connecticut River Zone: The thence west along Lower West Branch County; thence east along Highway 415 remaining portion of Vermont east of Road to Taft Avenue; thence south along to Northwest 158th Avenue; thence east the Interior Zone. Taft Avenue to County Road F62; thence along Northwest 158th Avenue to the west along County Road F62 to Kansas point of beginning. Mississippi Flyway Avenue; thence north along Kansas Michigan Illinois Avenue to Black Diamond Road; thence west on Black Diamond Road to Jasper North Zone: The Upper Peninsula. Northeast Canada Goose Zone—Cook, Middle Zone: That portion of the Du Page, Grundy, Kane, Kankakee, Avenue; thence north along Jasper Avenue to Rohert Road; thence west Lower Peninsula north of a line Kendall, Lake, McHenry, and Will beginning at the Wisconsin border in Counties. along Rohert Road to Ivy Avenue; thence north along Ivy Avenue to 340th Lake Michigan due west of the mouth of North Zone: That portion of the State Stony Creek in Oceana County; then due outside the Northeast Canada Goose Street; thence west along 340th Street to Half Moon Avenue; thence north along east to, and easterly and southerly along Zone and north of a line extending east the south shore of, Stony Creek to from the Iowa border along Illinois Half Moon Avenue to Highway 6; thence west along Highway 6 to Echo Scenic Drive, easterly and southerly Highway 92 to Interstate Highway 280, along Scenic Drive to Stony Lake Road, east along I–280 to I–80, then east along Avenue; thence north along Echo Avenue to 250th Street; thence east on easterly along Stony Lake and Garfield I–80 to the Indiana border. Roads to Michigan Highway 20, east Central Zone: That portion of the 250th Street to Green Castle Avenue; thence north along Green Castle Avenue along Michigan 20 to U.S. Highway 10 State outside the Northeast Canada Business Route (BR) in the city of Goose Zone and south of the North Zone to County Road F12; thence west along County Road F12 to County Road W30; Midland, east along U.S. 10 BR to U.S. to a line extending east from the 10, east along U.S. 10 to Interstate Missouri border along the Modoc Ferry thence north along County Road W30 to Highway 151; thence north along the Highway 75/U.S. Highway 23, north route to Modoc Ferry Road, east along along I–75/U.S. 23 to the U.S. 23 exit at Modoc Ferry Road to Modoc Road, Linn-Benton County line to the point of beginning. Standish, east along U.S. 23 to Shore northeasterly along Modoc Road and St. Road in Arenac County, east along Des Moines Goose Zone. Includes Leo’s Road to Illinois Highway 3, north Shore Road to the tip of Point Lookout, those portions of Polk, Warren, Madison along Illinois 3 to Illinois 159, north then on a line directly east 10 miles into and Dallas Counties bounded as follows: along Illinois 159 to Illinois 161, east Saginaw Bay, and from that point on a Beginning at the intersection of along Illinois 161 to Illinois 4, north line directly northeast to the Canada Northwest 158th Avenue and County along Illinois 4 to Interstate Highway 70, border. east along I–70 to the Bond County line, Road R38 in Polk County; thence south South Zone: The remainder of north and east along the Bond County along R38 to Northwest 142nd Avenue; Michigan. line to Fayette County, north and east thence east along Northwest 142nd along the Fayette County line to Avenue to Northeast 126th Avenue; Minnesota Effingham County, east and south along thence east along Northeast 126th Twin Cities Metropolitan Canada the Effingham County line to I–70, then Avenue to Northeast 46th Street; thence Goose Zone— east along I–70 to the Indiana border. south along Northeast 46th Street to A. All of Hennepin and Ramsey South Zone: The remainder of Illinois. Highway 931; thence east along Counties. Highway 931 to Northeast 80th Street; B. In Anoka County, all of Columbus Iowa thence south along Northeast 80th Street Township lying south of County State North Zone: That portion of the State to Southeast 6th Avenue; thence west Aid Highway (CSAH) 18, Anoka north of a line extending east from the along Southeast 6th Avenue to Highway County; all of the cities of Ramsey, Nebraska border along State Highway 65; thence south and west along Andover, Anoka, Coon Rapids, Spring 175 to State 37, southeast along State 37 Highway 65 to Highway 69 in Warren Lake Park, Fridley, Hilltop, Columbia to U.S. Highway 59, south along U.S. 59 County; thence south along Highway 69 Heights, Blaine, Lexington, Circle Pines, to Interstate Highway 80, then east along to County Road G24; thence west along Lino Lakes, and Centerville; and all of I–80 to the Illinois border. County Road G24 to Highway 28; thence the city of Ham Lake except that portion South Zone: The remainder of Iowa. southwest along Highway 28 to 43rd lying north of CSAH 18 and east of U.S. Cedar Rapids/Iowa City Goose Zone. Avenue; thence north along 43rd Highway 65. Includes portions of Linn and Johnson Avenue to Ford Street; thence west C. That part of Carver County lying Counties bounded as follows: Beginning along Ford Street to Filmore Street; north and east of the following at the intersection of the west border of thence west along Filmore Street to 10th described line: Beginning at the Linn County and Linn County Road Avenue; thence south along 10th northeast corner of San Francisco E2W; thence south and east along Avenue to 155th Street in Madison Township; thence west along the north County Road E2W to Highway 920; County; thence west along 155th Street boundary of San Francisco Township to thence north along Highway 920 to to Cumming Road; thence north along the east boundary of Dahlgren County Road E16; thence east along Cumming Road to Badger Creek Township; thence north along the east County Road E16 to County Road W58; Avenue; thence north along Badger boundary of Dahlgren Township to U.S. thence south along County Road W58 to Creek Avenue to County Road F90 in Highway 212; thence west along U.S. County Road E34; thence east along Dallas County; thence east along County Highway 212 to State Trunk Highway County Road E34 to Highway 13; thence Road F90 to County Road R22; thence (STH) 284; thence north on STH 284 to south along Highway 13 to Highway 30; north along County Road R22 to County State Aid Highway (CSAH) 10;

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thence north and west on CSAH 10 to Metropolitan Canada Goose Zone, the 31, then west-northwest on KS 31 to its CSAH 30; thence north and west on Northwest Goose Zone, or the Southeast junction with KS 99, then north on KS CSAH 30 to STH 25; thence east and Goose Zone. 99 to its junction with U.S. 24, then east north on STH 25 to CSAH 10; thence West Zone—That portion of the State on U.S. 24 to its junction with KS 63, north on CSAH 10 to the Carver County encompassed by a line beginning at the then north on KS 63 to its junction with line. junction of State Trunk Highway (STH) KS 16, then east on KS 16 to its junction D. In Scott County, all of the cities of 60 and the Iowa border, then north and with KS 116, then east on KS 116 to its Shakopee, Savage, Prior Lake, and east along STH 60 to U.S. Highway 71, junction with U.S. 59, then northeast on Jordan, and all of the Townships of north along U.S. 71 to Interstate U.S. 59 to its junction with the Kansas- Jackson, Louisville, St. Lawrence, Sand Highway 94, then north and west along Missouri line, then south on the Kansas- Creek, Spring Lake, and Credit River. I–94 to the North Dakota border. Missouri line to its junction with KS 68. E. In Dakota County, all of the cities of Burnsville, Eagan, Mendota Heights, Tennessee September Canada Goose Wichita Unit—That part of Kansas bounded by Mendota, Sunfish Lake, Inver Grove Middle Tennessee Zone—Those a line from I–135 west on U.S. 50 to its Heights, Apple Valley, Lakeville, portions of Houston, Humphreys, junction with Burmac Road, then south Rosemount, Farmington, Hastings, Montgomery, Perry, and Wayne on Burmac Road to its junction with 279 Lilydale, West St. Paul, and South St. Counties east of State Highway 13; and Street West (Sedgwick/Harvey County Paul, and all of the Township of Bedford, Cannon, Cheatham, Coffee, line), then south on 279 Street West to Nininger. Davidson, Dickson, Franklin, Giles, its junction with KS 96, then east on KS F. That portion of Washington County Hickman, Lawrence, Lewis, Lincoln, 96 to its junction with KS 296, then lying south of the following described Macon, Marshall, Maury, Moore, south on KS 296 to its junction with 247 line: Beginning at County State Aid Robertson, Rutherford, Smith, Sumner, Street West, then south on 247 Street Highway (CSAH) 2 on the west Trousdale, Williamson, and Wilson West to its junction with U.S. 54, then boundary of the county; thence east on Counties. west on U.S. 54 to its junction with 263 CSAH 2 to U.S. Highway 61; thence East Tennessee Zone—Anderson, Street West, then south on 263 Street south on U.S. Highway 61 to State Bledsoe, Bradley, Blount, Campbell, West to its junction with KS 49, then Trunk Highway (STH) 97; thence east Carter, Claiborne, Clay, Cocke, south on KS 49 to its junction with 90 on STH 97 to the intersection of STH 97 Cumberland, DeKalb, Fentress, Avenue North, then east on 90 Avenue and STH 95; thence due east to the east Grainger, Greene, Grundy, Hamblen, North to its junction with KS 55, then boundary of the State. Hamilton, Hancock, Hawkins, Jackson, Northwest Goose Zone—That portion east on KS 55 to its junction with KS 15, Jefferson, Johnson, Knox, Loudon, of the State encompassed by a line then east on KS 15 to its junction with Marion, McMinn, Meigs, Monroe, extending east from the North Dakota U.S. 77, then north on U.S. 77 to its Morgan, Overton, Pickett, Polk, Putnam, border along U.S. Highway 2 to State junction with Ohio Street, then north on Rhea, Roane, Scott, Sequatchie, Sevier, Trunk Highway (STH) 32, north along Ohio to its junction with KS 254, then Sullivan, Unicoi, Union, Van Buren, STH 32 to STH 92, east along STH 92 east on KS 254 to its junction with KS Warren, Washington, and White to County State Aid Highway (CSAH) 2 196, then northwest on KS 196 to its Counties. in Polk County, north along CSAH 2 to junction with I–135, then north on I– CSAH 27 in Pennington County, north Wisconsin 135 to its junction with U.S. 50. along CSAH 27 to STH 1, east along Early-Season Subzone A—That Nebraska STH 1 to CSAH 28 in Pennington portion of the State encompassed by a County, north along CSAH 28 to CSAH line beginning at the intersection of U.S. September Canada Goose Unit—That 54 in Marshall County, north along Highway 141 and the Michigan border part of Nebraska bounded by a line from CSAH 54 to CSAH 9 in Roseau County, near Niagara, then south along U.S. 141 the Nebraska-Iowa State line west on north along CSAH 9 to STH 11, west to State Highway 22, west and U.S. Highway 30 to NE Highway 15, along STH 11 to STH 310, and north southwest along State 22 to U.S. 45, then south on NE Highway 15 to NE along STH 310 to the Manitoba border. south along U.S. 45 to State 22, west Highway 41, then east on NE Highway Southeast Goose Zone—That part of and south along State 22 to State 110, 41 to NE Highway 50, then north on NE the State within the following described south along State 110 to U.S. 10, south Highway 50 to NE Highway 2, then east boundaries: beginning at the along U.S. 10 to State 49, south along on NE Highway 2 to the Nebraska-Iowa intersection of U.S. Highway 52 and the State 49 to State 23, west along State 23 State line. south boundary of the Twin Cities to State 73, south along State 73 to State Metro Canada Goose Zone; thence along South Dakota 60, west along State 60 to State 23, the U.S. Highway 52 to State Trunk south along State 23 to State 11, east Highway (STH) 57; thence along STH 57 September Canada Goose North along State 11 to State 78, then south to the municipal boundary of Kasson; Unit—Clark, Codington, Day, Deuel, along State 78 to the Illinois border. thence along the municipal boundary of Grant, Hamlin, Marshall, and Roberts Early-Season Subzone B—The Kasson County State Aid Highway County. remainder of the State. (CSAH) 13, Dodge County; thence along September Canada Goose South CSAH 13 to STH 30; thence along STH Central Flyway Unit—Beadle, Brookings, Hanson, 30 to U.S. Highway 63; thence along Kingsbury, Lake, Lincoln, McCook, Kansas U.S. Highway 63 to the south boundary Miner, Minnehaha, Moody, Sanborn, of the State; thence along the south and September Canada Goose Kansas City/ and Turner Counties. east boundaries of the State to the south Topeka Unit—That part of Kansas boundary of the Twin Cities Metro bounded by a line from the Kansas- Pacific Flyway Canada Goose Zone; thence along said Missouri State line west on KS 68 to its Idaho boundary to the point of beginning. junction with KS 33, then north on KS Five Goose Zone—That portion of the 33 to its junction with U.S. 56, then East Zone—Bonneville, Caribou, State not included in the Twin Cities west on U.S. 56 to its junction with KS Fremont, and Teton Counties.

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Oregon County, that area of Westchester County 36, east along U.S. 36 to KS 199, south Northwest Zone—Benton, Clackamas, southeast of I–95, and their tidal waters. along KS 199 to Republic County Road Clatsop, Columbia, Lane, Lincoln, Linn, Western Zone: That area west of a line 563, south along Republic County Road Marion, Polk, Multnomah, Tillamook, extending from Lake Ontario east along 563 to KS 148, east along KS 148 to Washington, and Yamhill Counties. the north shore of the Salmon River to Republic County Road 138, south along Southwest Zone—Coos, Curry, I–81, and south along I–81 to the Republic County Road 138 to Cloud Douglas, Jackson, Josephine, and Pennsylvania border. County Road 765, south along Cloud Klamath Counties. Northeastern Zone: That area north of County Road 765 to KS 9, west along KS East Zone—Baker, Gilliam, Malheur, a line extending from Lake Ontario east 9 to U.S. 24, west along U.S. 24 to U.S. Morrow, Sherman, Umatilla, Union, and along the north shore of the Salmon 281, north along U.S. 281 to U.S. 36, Wasco Counties. River to I–81, south along I–81 to NY 49, west along U.S. 36 to U.S. 183, south east along NY 49 to NY 365, east along along U.S. 183 to U.S. 24, west along Washington NY 365 to NY 28, east along NY 28 to U.S. 24 to KS 18, southeast along KS 18 Area 1—Skagit, Island, and NY 29, east along NY 29 to I–87, north to U.S. 183, south along U.S. 183 to KS Snohomish Counties. along I–87 to U.S. 9 (at Exit 20), north 4, east along KS 4 to I–135, south along Area 2A (SW Quota Zone)—Clark along U.S. 9 to NY 149, east along NY I–135 to KS 61, southwest along KS 61 County, except portions south of the 149 to U.S. 4, north along U.S. 4 to the to KS 96, northwest on KS 96 to U.S. 56, Washougal River; Cowlitz, and Vermont border, exclusive of the Lake west along U.S. 56 to U.S. 281, south Wahkiakum Counties. Champlain Zone. along U.S. 281 to U.S. 54, then west Area 2B (SW Quota Zone)—Pacific Southeastern Zone: The remaining along U.S. 54 to U.S. 283. and Grays Harbor Counties. portion of New York. Low Plains Late Zone: The remainder Area 3—All areas west of the Pacific of Kansas. Crest Trail and west of the Big White Mississippi Flyway Nebraska Salmon River that are not included in Indiana Areas 1, 2A, and 2B. Special Teal Season Area: That Area 4—Adams, Benton, Chelan, North Zone: That portion of the State portion of the State south of a line Douglas, Franklin, Grant, Kittitas, north of a line extending east from the beginning at the Wyoming State line; Lincoln, Okanogan, Spokane, and Walla Illinois border along State Road 18 to east along U.S. 26 to Nebraska Highway Walla Counties. U.S. Highway 31, north along U.S. 31 to L62A; east to U.S. 385; south to U.S. 26; Area 5—All areas east of the Pacific U.S. 24, east along U.S. 24 to east to NE 92; east along NE 92 to NE Crest Trail and east of the Big White Huntington, then southeast along U.S. 61; south along NE 61 to U.S. 30; east Salmon River that are not included in 224 to the Ohio border. along U.S. 30 to the Iowa border. Area 4. Ohio River Zone: That portion of the State south of a line extending east from New Mexico (Central Flyway Portion) Wyoming the Illinois border along Interstate North Zone: That portion of the State Bear River Area—That portion of Highway 64 to New Albany, east along north of I–40 and U.S. 54. Lincoln County described in State State Road 62 to State 56, east along South Zone: The remainder of New regulations. State 56 to Vevay, east and north on Mexico. Salt River Area—That portion of State 156 along the Ohio River to North Pacific Flyway Lincoln County described in State Landing, north along State 56 to U.S. regulations. Highway 50, then northeast along U.S. California Farson-Eden Area—Those portions of 50 to the Ohio border. Northeastern Zone: In that portion of Sweetwater and Sublette Counties South Zone: That portion of the State California lying east and north of a line described in State regulations. between the North and Ohio River Zone beginning at the intersection of the Teton Area—Those portions of Teton boundaries. Klamath River with the California- County described in State regulations. Oregon line; south and west along the Bridger Valley Area—The area Iowa Klamath River to the mouth of Shovel described as the Bridger Valley Hunt North Zone: That portion of the State Creek; along Shovel Creek to its Unit in State regulations. north of a line extending east from the Little Snake River—That portion of intersection with Forest Service Road Nebraska border along State Highway 46N05 at Burnt Camp; west to its the Little Snake River drainage in 175 to State 37, southeast along State 37 Carbon County. junction with Forest Service Road to U.S. Highway 59, south along U.S. 59 46N10; south and east to its Junction Ducks to Interstate Highway 80, then east along with County Road 7K007; south and I–80 to the Illinois border. Atlantic Flyway west to its junction with Forest Service South Zone: The remainder of Iowa. Road 45N22; south and west to its New York Central Flyway junction with Highway 97 and Grass Lake Champlain Zone: The U.S. Lake Summit; south along to its junction portion of Lake Champlain and that area Colorado with Interstate 5 at the town of Weed; east and north of a line extending along Special Teal Season Area: Lake and south to its junction with Highway 89; NY 9B from the Canadian border to U.S. Chaffee Counties and that portion of the east and south along Highway 89 to 9, south along U.S. 9 to NY 22 south of State east of Interstate Highway 25. Main Street Greenville; north and east to Keesville; south along NY 22 to the west its junction with North Valley Road; Kansas shore of South Bay, along and around south to its junction of Diamond the shoreline of South Bay to NY 22 on High Plains Zone: That portion of the Mountain Road; north and east to its the east shore of South Bay; southeast State west of U.S. 283. junction with North Arm Road; south along NY 22 to U.S. 4, northeast along Low Plains Early Zone: That portion and west to the junction of North Valley U.S. 4 to the Vermont border. of the State east of the High Plains Zone Road; south to the junction with Long Island Zone: That area and west of a line extending south from Arlington Road (A22); west to the consisting of Nassau County, Suffolk the Nebraska border along KS 28 to U.S. junction of Highway 89; south and west

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to the junction of Highway 70; east on along Scenic Drive to Stony Lake Road, lying within the area bounded by the Highway 70 to Highway 395; south and easterly along Stony Lake and Garfield Corpus Christi Bay Causeway on U.S. east on Highway 395 to the point of Roads to Michigan Highway 20, east 181 at Portland; north and west on U.S. intersection with the California-Nevada along Michigan 20 to U.S. Highway 10 181 to U.S. 77 at Sinton; north and east State line; north along the California- Business Route (BR) in the city of along U.S. 77 to U.S. 87 at Victoria; east Nevada State line to the junction of the Midland, east along U.S. 10 BR to U.S. and south along U.S. 87 to Texas California-Nevada-Oregon State lines 10, east along U.S. 10 to Interstate Highway 35; north and east on TX 35 to west along the California-Oregon state Highway 75/U.S. Highway 23, north the west end of the Lavaca Bay Bridge; line to the point of origin. along I–75/U.S. 23 to the U.S. 23 exit at then south and east along the west Colorado River Zone: Those portions Standish, east along U.S. 23 to Shore shoreline of Lavaca Bay and Matagorda of San Bernardino, Riverside, and Road in Arenac County, east along Island to the Gulf of Mexico; then south Imperial Counties east of a line Shore Road to the tip of Point Lookout, and west along the shoreline of the Gulf extending from the Nevada border south then on a line directly east 10 miles into of Mexico to the Corpus Christi Bay along U.S. 95 to Vidal Junction; south Saginaw Bay, and from that point on a Causeway. on a road known as ‘‘Aqueduct Road’’ line directly northeast to the Canada North Dakota—Area 1—That portion in San Bernardino County through the border. of the State west of U.S. 281. town of Rice to the San Bernardino- South Zone: The remainder of Area 2—That portion of the State east Riverside County line; south on a road Michigan. of U.S. 281. known in Riverside County as the South Dakota—That portion of the Sandhill Cranes ‘‘Desert Center to Rice Road’’ to the State west of U.S. 281. Montana—The Central Flyway town of Desert Center; east 31 miles on Central Flyway portion of the State except that area I–10 to the Wiley Well Road; south on Colorado—The Central Flyway south of I–90 and west of the Bighorn this road to Wiley Well; southeast along portion of the State except the San Luis River. the Army-Milpitas Road to the Blythe, Valley (Alamosa, Conejos, Costilla, Wyoming—Regular-Season Open Brawley, Davis Lake intersections; south Hinsdale, Mineral, Rio Grande, and Area—Campbell, Converse, Crook, on the Blythe-Brawley paved road to the Saguache Counties east of the Goshen, Laramie, Niobrara, Platte, and Ogilby and Tumco Mine Road; south on Continental Divide) and North Park Weston Counties. this road to U.S. 80; east 7 miles on U.S. (Jackson County). Riverton-Boysen Unit—Portions of 80 to the Andrade-Algodones Road; Kansas—That portion of the State Fremont County. south on this paved road to the Mexican west of a line beginning at the Park and Big Horn County Unit— border at Algodones, Mexico. Oklahoma border, north on I–35 to Portions of Park and Big Horn Counties. Southern Zone: That portion of Wichita, north on I–135 to Salina, and Pacific Flyway southern California (but excluding the north on U.S. 81 to the Nebraska border. Colorado River Zone) south and east of New Mexico—Regular-Season Open Arizona—Special-Season Area—Game a line extending from the Pacific Ocean Area—Chaves, Curry, De Baca, Eddy, Management Units 30A, 30B, 31, and east along the Santa Maria River to CA Lea, Quay, and Roosevelt Counties. 32. 166 near the City of Santa Maria; east on Middle Rio Grande Valley Area—The Montana—Special-Season Area—see CA 166 to CA 99; south on CA 99 to the Central Flyway portion of New Mexico State regulations. Utah—Special-Season Area—Rich, crest of the Tehachapi Mountains at in Socorro and Valencia Counties. Cache, and Unitah Counties and that Tejon Pass; east and north along the Estancia Valley Area—Those portions portion of Box Elder County beginning crest of the Tehachapi Mountains to CA of Santa Fe, Torrance and Bernallilo on the Utah-Idaho State line at the Box 178 at Walker Pass; east on CA 178 to Counties within an area bounded on the Elder-Cache County line; west on the U.S. 395 at the town of Inyokern; south west by New Mexico Highway 55 State line to the Pocatello Valley County on U.S. 395 to CA 58; east on CA 58 to beginning at Mountainair north to NM Road; south on the Pocatello Valley I–15; east on I–15 to CA 127; north on 337, north to NM 14, north to I–25; on CA 127 to the Nevada border. County Road to I–15; southeast on I–15 the north by I–25 east to U.S. 285; on to SR–83; south on SR–83 to Lamp Southern San Joaquin Valley the east by U.S. 285 south to U.S. 60; Temporary Zone: All of Kings and Junction; west and south on the and on the south by U.S. 60 from U.S. Promontory Point County Road to the Tulare Counties and that portion of 285 west to NM 55 in Mountainair. Kern County north of the Southern tip of Promontory Point; south from Southwest Zone—Sierra, Luna, Dona Promontory Point to the Box Elder- Zone. Ana Counties, and those portions of Balance-of-the-State Zone: The Weber County line; east on the Box Grant and Hidalgo Counties south of I– Elder-Weber County line to the Box remainder of California not included in 10. the Northeastern, Southern, and Elder-Cache County line; north on the Oklahoma—That portion of the State Box Elder-Cache County line to the Colorado River Zones, and the Southern west of I–35. San Joaquin Valley Temporary Zone. Utah-Idaho State line. Texas—Area 1—That portion of the Wyoming—Bear River Area—That Canada Geese State west of a line beginning at the portion of Lincoln County described in International Bridge at Laredo, north Michigan State regulations. along I–35 to the Oklahoma border. Salt River Area—That portion of North Zone: The Upper Peninsula. Area 2—That portion of the State east Lincoln County described in State Middle Zone: That portion of the and south of a line from the regulations. Lower Peninsula north of a line International Bridge at Laredo northerly Farson-Eden Area—Those portions of beginning at the Wisconsin border in along I–35 to U.S. 290; southeasterly Sweetwater and Sublette Counties Lake Michigan due west of the mouth of along U.S. 290 to I–45; south and east described in State regulations. Stony Creek in Oceana County; then due on I–45 to State Highway 87, south and east to, and easterly and southerly along east on TX 87 to the channel in the Gulf All Migratory Game Birds in Alaska the south shore of, Stony Creek to of Mexico between Galveston and Point North Zone—State Game Management Scenic Drive, easterly and southerly Bolivar; except: That portion of the State Units 11–13 and 17–26.

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Gulf Coast Zone—State Game Mona Island Closure Area—All of Cidra Municipality and adjacent Management Units 5–7, 9, 14–16, and Mona Island. areas—All of Cidra Municipality and 10 (Unimak Island only). El Verde Closure Area—Those areas portions of Aguas Buenas, Caguas, Southeast Zone—State Game of the municipalities of Rio Grande and Cayey, and Comerio Municipalities as Management Units 1–4. Loiza delineated as follows: (1) All encompassed within the following Pribilof and Aleutian Islands Zone— lands between Routes 956 on the west boundary: beginning on Highway 172 as State Game Management Unit 10 (except and 186 on the east, from Route 3 on the it leaves the municipality of Cidra on Unimak Island). north to the juncture of Routes 956 and the west edge, north to Highway 156, Kodiak Zone—State Game 186 (Km 13.2) in the south; (2) all lands Management Unit 8. east on Highway 156 to Highway 1, between Routes 186 and 966 from the south on Highway 1 to Highway 765, All Migratory Game Birds in the Virgin juncture of 186 and 966 on the north, to south on Highway 765 to Highway 763, Islands the Caribbean National Forest Boundary south on Highway 763 to the Rio Ruth Cay Closure Area—The island of on the south; (3) all lands lying west of Guavate, west along Rio Guavate to Ruth Cay, just south of St. Croix. Route 186 for 1 kilometer from the Highway 1, southwest on Highway 1 to juncture of Routes 186 and 956 south to Highway 14, west on Highway 14 to All Migratory Game Birds in Puerto Rico Km 6 on Route 186; (4) all lands within Highway 729, north on Highway 729 to Municipality of Culebra Closure Km 14 and Km 6 on the west and the Cidra Municipality boundary to the Area—All of the municipality of Caribbean National Forest Boundary on point of the beginning. Culebra. the east; and (5) all lands within the Desecheo Island Closure Area—All of Caribbean National Forest Boundary [FR Doc. 04–16550 Filed 7–20–04; 8:45 am] Desecheo Island. whether private or public. BILLING CODE 4310–55–P

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Part IV

Department of Defense General Services Administration National Aeronautics and Space Administration 48 CFR Parts 2, 7, 11, 16, 37, and 39 Federal Acquisition Regulation; Performance-Based Service Acquisition; Proposed Rule

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DEPARTMENT OF DEFENSE Instructions: Please submit comments (1) Modifying the Federal Acquisition only and cite FAR case 2003–018 in all Regulation (FAR) to give agencies GENERAL SERVICES correspondence related to this case. All flexibility in applying PBSA; ADMINISTRATION comments received will be posted (2) Modifying reporting requirements without change to http:// to ensure that PBSA is applied NATIONAL AERONAUTICS AND www.acqnet.gov/far/ProposedRules/ appropriately; and SPACE ADMINISTRATION proposed.htm, including any personal (3) Improving the quality, currency, information provided. and availability of guidance. In the interim, General Accounting 48 CFR Parts 2, 7, 11, 16, 37, 39 FOR FURTHER INFORMATION CONTACT: The Office (GAO) conducted an audit on FAR Secretariat at (202) 501–4755 for [FAR Case 2003–018] performance-based service contracting information pertaining to status or and issued a report dated September RIN 9000–AK00 publication schedules. For clarification 2002, ‘‘Contract Management: Guidance of content, contact Ms. Julia Wise, Federal Acquisition Regulation; Needed for Using Performance-Based Procurement Analyst, at (202) 208– Performance-Based Service Service Contracting (GAO–02–1049),’’ 1168. Please cite FAR case 2003–018. Acquisition that raised concerns as to whether SUPPLEMENTARY INFORMATION: agencies have a good understanding of AGENCIES: Department of Defense (DoD), General Services Administration (GSA), A. Background performance-based contracting and how to take full advantage of it. The audit and National Aeronautics and Space Since the 1980s, performance-based Administration (NASA). findings stated, that some agency contracting (PBC) and performance- officials said they would like better ACTION: Proposed rule with request for based service contracting (PBSC) (now guidance on performance-based comments. performance-based acquisition (PBA) contracting, particularly with respect to and performance-based service how it can be applied in more complex SUMMARY: The Civilian Agency acquisition (PBSA)) has been articulated Acquisition Council and the Defense situations. It further states that agency in regulation, guidance, and policy. The officials said that there is a need for Acquisition Regulations Council intent has always been for agencies to (Councils) are proposing to amend the better criteria on which contracts should contract for results describing their be labeled as performance-based. Federal Acquisition Regulation (FAR) needs in terms of what is to be achieved, by: changing the terms ‘‘performance- In July 2003, OFPP issued a report, not how it is to be done. Law and ‘‘Performance-Based Service based contracting (PBC) and regulation established a preference for performance-based service contracting Acquisition: Contracting for the PBA. Future,’’ that captured the interagency (PBSC)’’ to ‘‘performance-based There are many laws and policies that acquisition (PBA) or performance-based working group’s PBA concerns, issues, impact how PBA methods are applied to and recommendations. The report service acquisition (PBSA)’’ in areas of contracts and orders. Among the most the FAR where appropriate; adding includes recommendations to change important of these reforms are the current regulations and guidance to give applicable PBSA definitions clarifying Government Performance and Results the order of precedence for agencies more flexibility in applying Act of 1993, the Federal Acquisition PBSA effectively, appropriately, and requirements; modifying the regulation Streamlining Act of 1994 (FASA), and to broaden the scope of PBA and give consistently (see www.acqnet.gov for the the Clinger-Cohen Act of 1996, Section complete report). Most of the agencies more flexibility in applying 821(a) of the Floyd D. Spence National PBSA methods to contracts and orders recommended FAR revisions are Defense Authorization Act for Fiscal adopted in this proposed rule because of varying complexity and reduce the Year 2001 (Pub. L. 106–398), and burden of force-fitting contracts and the changes will make PBA more Section 1431 and 1433 of the National flexible, thus increasing agency use of orders into PBA, when it is not Defense Authorization Act for Fiscal appropriate. PBA methods on services contracts and Year 2004 (P.L. 108–136). All of these orders. DATES: Interested parties should submit laws send an important message about In addition, the OFPP is working with comments in writing on or before performance in federal programs and an interagency team to incorporate September 20, 2004, to be considered in acquisitions and that is that agencies current policy, regulations, and vetted the formulation of a final rule. should: (1) use PBA methods to the samples into the Governmentwide- ADDRESSES: Submit comments maximum extent practicable when PBSA guide, Seven Steps to PBSA (see identified by FAR case 2003–018 by any acquiring services, and (2) carefully www.acqnet.gov for the online guide); of the following methods: select acquisition and contract and interagency working group to • Federal eRulemaking Portal: http:// administration strategies, methods, and develop appropriate guidance for www.regulations.gov. Follow the techniques that best accommodate the reporting PBAs in the Federal instructions for submitting comments. requirements. Procurement Data System-Next • Agency Web Site: http:// Over the last two decades, agencies Generation (FPDS-NG). www.acqnet.gov/far/ProposedRules/ have made moderate progress in The proposed rule amends the FAR to proposed.htm. Click on the FAR case implementing PBA methods on service modify— number to submit comments. contracts but have experienced • FAR Part 2 to include the • E-mail: farcase.2003–[email protected]. difficulties in applying PBA techniques definitions ‘‘performance work Include FAR case 2003–018 in the effectively. In April 2002, the Office of statement’’ and ‘‘statement of subject line of the message. Federal Procurement Policy (OFPP) objectives’’ to support changes to FAR • Fax: 202–501–4067. convened an interagency working group Part 37; • Mail: General Services to establish a broader understanding of • FAR Parts 2, 7, 11, 16, 37 and 39 Administration, Regulatory Secretariat the requirements of PBSA, and identify to incorporate the new PBA and PBSA (VR), 1800 F Street, NW, Room 4035, ways to increase agency use of PBSA. terms, where applicable; and ATTN: Laurie Duarte, Washington, DC The group focused their efforts on three • FAR Parts 11 and 37 to broaden the 20405. areas of change: scope of PBSA, reduce the burden of

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force-fitting requirements into PBAs work statement’’ and ‘‘statement of work fixed-price basis (see 37.102(a), when it does not apply, and give objectives’’ to read as follows: 16.103(d), and 16.505(a)(3)). agencies more flexibility in applying 2.101 Definitions. * * * * * PBSA techniques to contracts and (6) Product or service descriptions. orders of varying complexity. * * * * * Explain the choice of product or service This is not a significant regulatory Performance-based acquisition (PBA) description types (including PBSA action and, therefore, was not subject to means structuring all aspects of an descriptions) to be used in the review under Section 6(b) of Executive acquisition around the purpose of the acquisition. work to be performed with the contract Order 12866, Regulatory Planning and * * * * * Review, dated September 30, 1993. This or order requirements set forth in clear, rule is not a major rule under 5 U.S.C. specific, and objective terms with PART 11—DESCRIBING AGENCY 804. measurable outcomes as opposed to NEEDS either the manner by which the work is B. Regulatory Flexibility Act to be performed or broad and imprecise 5. Amend section 11.101 by revising The Councils do not expect this statements of work. For services, a paragraph (a)(2) to read as follows: proposed rule to have a significant performance-based acquisition is economic impact on a substantial 11.101 Order of precedence for commonly referred to as a performance- requirements documents. number of small entities within the based service acquisition (PBSA). (a) * * * meaning of the Regulatory Flexibility Performance Work Statement (PWS) Act, 5 U.S.C. 601, et seq., because this (2) Performance or function-oriented means a statement that identifies the documents. rule affects the Government’s use of agency’s requirements in clear, specific PBA methods on service contracts and and objective terms that describe * * * * * intends to give agencies more flexibility technical, functional and performance PART 16—TYPES OF CONTRACTS in applying PBA methods to service characteristics. contracts and orders of varying * * * * * 6. Amend section 16.505 by revising complexity. An Initial Regulatory Statement of Objectives (SOO) means paragraph (a)(3) to read as follows: Flexibility Analysis has, therefore, not a statement that identifies the agency’s been performed. The Councils invite 16.505 Ordering. high-level requirements by summarizing comments from small businesses and (a) * * * key agency objectives, desired other interested parties. We will (3) Performance work statements must outcomes, or both. consider comments from small entities be used to the maximum extent concerning the affected FAR Parts 2, 7, * * * * * practicable, if the contract or order is for 11, 16, 37, and 39 in accordance with services (see 37.102(a) and 37.602–1). PART 7—ACQUISITION PLANNING 5 U.S.C. 610. Interested parties must * * * * * submit such comments separately and 3. Amend section 7.103 by revising should cite 5 U.S.C. 601, et seq. (FAR paragraph (r) to read as follows: PART 37—SERVICE CONTRACTING Case 2003–018), in correspondence. 7.103 Agency-head responsibilities. 7. Amend section 37.000 by revising C. Paperwork Reduction Act the third sentence to read as follows: * * * * * The Paperwork Reduction Act does (r) Ensuring that knowledge gained 37.000 Scope of part. not apply because the proposed changes from prior acquisitions is used to further * * * This part requires the use of to the FAR do not impose information refine requirements and acquisition performance-based service acquisition collection requirements that require the strategies. For services, greater use of (PBSA) to the maximum extent approval of the Office of Management performance-based service acquisition practicable and prescribes policies and and Budget under 44 U.S.C. 3501, et (PBSA) methods and, therefore, fixed- procedures for use of PBSA methods seq. price contracts (see 37.602–4) should (see Subpart 37.6). * * * List of Subjects in 48 CFR Parts 2, 7, 11, occur for follow-on acquisitions. 8. Amend section 37.102 by revising 16, 37, and 39 * * * * * the introductory text of paragraphs (a) Government procurement. 4. Amend section 7.105 by revising and (a)(1) to read as follows: the last sentences of the introductory Dated: July 13, 2004. 37.102 Policy. paragraph and paragraph (b)(4)(i); and Laura Auletta, by revising paragraph (b)(6) to read as (a) Performance-based service Director, Contract Policy Division. follows: acquisition (see Subpart 37.6) is the Therefore, DoD, GSA, and NASA preferred method for acquiring services propose amending 48 CFR parts 2, 7, 11, 7.105 Contents of written acquisition (Public Law 106–398, section 821). 16, 37, and 39 as set forth below: plans. When acquiring services, including 1. The authority citation for 48 CFR * * * Acquisition plans for service those acquired under supply contracts parts 2, 7, 11, 16, 37, and 39 is revised contracts or orders must describe the or orders, agencies must— to read as follows: strategies for implementing PBSA (1) Use performance-based service Authority: 40 U.S.C. 121(c); 10 U.S.C. methods or must provide rationale for acquisition methods to the maximum chapter 137; and 42 U.S.C. 2473(c). not using those methods (see Subpart extent practicable, except for— 37.6). * * * * * PART 2—DEFINITIONS OF WORDS * * * * * 9. Revise subpart 37.6 to read as AND TERMS (b) * * * follows: 2. Amend section 2.101 by revising (4) Acquisition considerations. (i) Subpart 37.6—Performance-Based the definition ‘‘performance-based * * * Provide rationale if a PBSA will Service Acquisition contracting,’’ and adding in alphabetical not be used or if a PBSA is order, the definitions ‘‘performance contemplated on other than a firm- Sec.

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37.600 Scope of subpart. 37.602 Elements of a performance-based example, in some simplified 37.601 General. service acquisition. acquisitions the Government may 37.602 Elements of a performance-based decide that the inspection clauses in the service acquisition. 37.602–1 Performance work statements 37.602–1 Performance work statements (PWSs) and statements of objectives contract or order provide adequate (PWSs) and statements of objectives (SOOs). means of surveillance, without requiring (SOOs). (a) A PWS may be prepared by the a detailed quality assurance surveillance 37.602–2 Quality assurance. Government or resultfrom a SOO plan. 37.602–3 Selection procedures. prepared by the Government where the (c) Plans shall enable the contracting 37.602–4 Contract type. 37.602–5 Follow-on and repetitive offeror proposes the PWS. officer to take appropriate action in requirements. (b) A PWS shall describe the work in accordance with the contract or order terms of the purpose of the work to be and 46.407, as appropriate. Subpart 37.6—Performance-Based performed rather than either ‘‘how’’ the Service Acquisition work is to be accomplished or the 37.602–3 Selection procedures. number of hours to be provided (see 37.600 Scope of subpart. Agencies shall use competitive 11.002(a)(2) and 11.101); negotiations, when appropriate, to This subpart prescribes policies and (c) When a SOO is used in lieu of a ensure selection of services that offer procedures for use of performance-based PWS in a solicitation, the SOO shall, at the best value to the Government, cost service acquisition (PBSA) methods. a minimum, include the following and other factors considered (see PBSA includes performance-based information with respect to the 15.304). contracts and performance-based task acquisition: orders. (1) Purpose. 37.602–4 Contract type. (2) Scope or mission. 37.601 General. (3) Period and place of performance. Agencies shall follow the order of (a) The principal objective of PBSA is (4) Background. precedence set forth in 37.102(a)(2) for to obtain optimal performance by (5) Performance objectives and/or selecting contract and order types. expressing Government needs in terms desired outcomes. Fixed-price contracts or orders are of required performance objectives and/ (6) Any operating constraints. generally appropriate for services that or desired outcomes, rather than the 37.602–2 Quality assurance. can be defined objectively and for method of performance, to encourage which the risk of performance is (a) Quality assurance surveillance industry-driven, competitive solutions. manageable (see Subpart 16.1). (b) Solicitations for PBSA may use plans shall address the means for either a performance work statement assessing contractor accomplishment of 37.602–5 Follow-on and repetitive (PWS) or a statement of objectives (see the Government’s performance requirements. objectives and/or desired outcomes 37.602–1). When acquiring services that (c) PBSA contracts or orders shall stated in the contract and compliance with the appropriate inspection clauses. previously have been provided by include— contract or order, agencies shall rely on (1) A PWS (see 37.602–1); and Agencies shall develop quality (2) Measurable performance assurance surveillance plans when the experience gained from the prior standards. These standards may be acquiring services (see 46.103 and contract or order to incorporate PBSA objective (e.g., response time) or 46.401(a)) or, as appropriate, rely on a methods to the maximum extent subjective (e.g., customer satisfaction), contractor’s commercial quality practicable. This will facilitate the use but shall reflect the level of service assurance system (see 46.102). These of fixed-price contracts or orders for required by the Government to meet plans shall recognize the responsibility such requirements for services. (See mission objectives. Standards shall of the contractor (see 46.105) to carry 7.105 for requirement to address PBSA enable assessment of contractor out its quality control obligations and strategies in acquisition plans. See also performance to determine whether shall contain measurable inspection and 16.104(k)). performance objectives and/or desired acceptance criteria corresponding to the PART 39—ACQUISITION OF outcomes are being met. performance standards contained in the INFORMATION TECHNOLOGY (d) PBSA contracts or orders may contract. The quality assurance include performance incentives to surveillance plans shall focus on the 10. Amend 39.104 by revising promote contractor achievement of the level of performance required by the paragraph (b) to read as follows: desired outcomes and/or performance PWS, rather than the methodology used objectives articulated in the contract or by the contractor to achieve that level of 39.104 Information technology services. order. Performance incentives may be of performance. * * * * * any type, including positive, negative, (b) The level of surveillance described monetary, or non-monetary. in the plan should be commensurate (b) Require the use of other than a Performance incentives, if used, shall with the dollar value, risk, and performance-based service acquisition correspond to the performance complexity of the acquisition and (see Subpart 37.6). standards set forth in the contract or should utilize commercial practices to [FR Doc. 04–16534 Filed 7–20–04; 8:45 am] order. the maximum extent practicable. For BILLING CODE 6820–EP–S

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Part V

Department of Labor Employment and Training Administration

20 CFR Part 656 Labor Certification for the Permanent Employment of Aliens in the United States; Backlog Reduction; Interim Final Rule

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DEPARTMENT OF LABOR Department of Labor, 200 Constitution the application for a visa and admission Avenue, NW., Room C–4312, into the United States and at the place Employment and Training Washington, DC 20210, Attention: where the alien is to perform the work; Administration William Carlson, Chief, Division of and Foreign Labor Certification. Because of (b) The employment of the alien will 20 CFR Part 656 security measures, mail directed to not adversely affect the wages and working conditions of similarly RIN 1205–AB37 Washington, DC is sometimes delayed. We will only consider comments employed United States workers. See Labor Certification for the Permanent postmarked by the U.S. Postal Service or Immigration and Nationality Act (INA), Employment of Aliens in the United other delivery service on or before the 8 U.S.C. 1182(a)(5)(A). States; Backlog Reduction deadline for comments. If the Secretary of Labor, through Instructions: All submissions received ETA, determines that there are no able, AGENCY: Employment and Training must include the RIN 1205–AB37 for willing, qualified, and available U.S. Administration, Labor. this rulemaking. Receipt of submissions, workers and that employment of the ACTION: Interim final rule; request for whether by U.S. mail or e-mail will not alien will not adversely affect the wages comments. be acknowledged. Because DOL and working conditions of similarly continues to experience delays in employed U.S. workers, DOL so certifies SUMMARY: The Employment and receiving postal mail in the Washington, to CIS and to the Department of State by Training Administration (ETA) of the DC area, commenters are encouraged to issuing a permanent alien labor Department of Labor (Department or submit any comments by mail early. certification. DOL) is issuing this interim final rule to Comments will be available for public If DOL cannot make one or both of the address an existing backlog in pending inspection during normal business above findings, the application for applications for labor certification for hours at the address listed above for permanent alien employment the permanent employment of aliens in mailed comments. Persons who need certification is denied. the United States. This amendment to assistance to review the comments will II. Current Department of Labor the regulations governing labor be provided with appropriate aids such Regulations certification applications for permanent as readers or print magnifiers. Copies of DOL has promulgated regulations, at employment will allow the National this interim final rule may be obtained Certifying Officer to transfer to a 20 CFR part 656, governing the labor in alternative formats (e.g., large print, certification process for the permanent centralized ETA processing center(s) Braille, audiotape, or disk) upon applications now awaiting processing employment of immigrant aliens in the request. To schedule an appointment to United States. Part 656 was promulgated by State Workforce Agencies (SWAs) or review the comments and/or to obtain ETA Regional Offices. This interim final under section 212(a)(5)(A) of the INA. 8 the proposed rule in an alternative U.S.C. 1182(a)(5)(A). rule does not affect the pending format, contact the Division of Foreign proposal to streamline procedures for Part 656 sets forth the responsibilities Labor Certification at 202–693–3010 of employers who desire to employ permanent labor certification under 20 (this is not a toll-free number). CFR part 656, which was published in immigrant aliens permanently in the FOR FURTHER INFORMATION CONTACT: the Federal Register of May 6, 2002, and United States. Under current which is expected to be finalized in Contact Denis Gruskin, Senior regulations, employers file an 2004. This interim final rule affects only Specialist, Division of Foreign Labor ‘‘Application for Alien Employment applications filed under existing Certification, Employment and Training Certification’’ with the State Workforce regulations, while the streamlined Administration, 200 Constitution Agency (SWA) serving the area of certification regulation will govern Avenue, NW., Room C–4312, intended employment. The SWA is processing of new applications filed Washington, DC 20210; Telephone: responsible for various processing steps, after that regulation takes effect. (202) 693–2953 (this is not a toll-free including date stamping the application, number). calculating the appropriate prevailing DATES: This interim final rule is Individuals with hearing or speech wage, and placing the job opening into effective August 20, 2004. Interested impairments may access the telephone the state’s employment recruitment persons are invited to submit written numbers above via TTY by calling the system. comments on this interim final rule. To toll-free Federal Information Relay The current process for obtaining a ensure consideration, comments must Service at 1–800–877–8339. labor certification requires employers to be received on or before August 20, SUPPLEMENTARY INFORMATION: actively recruit U.S. workers in good 2004. faith for a period of at least 30 days for ADDRESSES: You may submit comments, I. Statutory Standard the job openings for which aliens are identified by Regulatory Information Before the United States Citizenship sought. The employer’s job Number (RIN) 1205–AB37, by any of the and Immigration Services (CIS) of the requirements must conform to the following methods: Department of Homeland Security 1 may regulatory standards. • Federal eRulemaking Portal: http:// approve petition requests and the Job applicants either are referred www.regulations.gov. Follow the Department of State may issue visas and directly to the employer or their website instructions for submitting admit certain immigrant aliens to work re´sume´s are sent to the employer. The comments. permanently in the United States, the employer has 45 days to report to the • E-mail: Comments may be Secretary of Labor first must certify to SWA the lawful job-related reasons for submitted by e-mail to the Secretary of State and to the not hiring any referred U.S. worker. If [email protected]. Include RIN Secretary of Homeland Security that: the employer hires a U.S. worker for the 1205–AB37 in the subject line of the (a) There are not sufficient United job opening, the process stops at that message. States workers who are able, willing, point, unless the employer has more • Mail: Submit written comments to qualified, and available at the time of than one opening, in which case the the Assistant Secretary for Employment application may continue to be and Training Administration, U.S. 1 See 6 U.S.C. 236(b), 552(d), and 557. processed. If, however, the SWA

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believes that able, willing, and qualified to that of a lawful permanent resident if add to or change requirements for U.S. workers are not available to take a labor certification application was employers applying for permanent labor the job, the application, together with filed on their behalf with a SWA on or certification, but rather create a means the documentation of the recruitment before April 30, 2001. See 8 U.S.C. for consolidated processing at results and prevailing wage information, 1255(i)(1)(B)(ii). We estimate that centralized locations. While it is not is sent to the appropriate ETA Regional approximately 236,000 applications economically significant, the Office of Office. There, it is reviewed and a were filed to meet the deadline of April Management and Budget (OMB) determination made as to whether to 30, 2001, at a time when less than reviewed this interim final rule because issue the labor certification based upon 100,000 applications were filed in an of the novel legal and policy issues the employer’s compliance with entire year. At the start of April 2003, raised by this rulemaking. program regulations. If DOL/ETA over 280,000 permanent labor Regulatory Flexibility Act: We have determines that there is no able, willing, certification applications were in the notified the Chief Counsel for qualified, and available U.S. worker, SWA processing queues throughout the Advocacy, Small Business and that the employment of the alien nation, with another 30,000 applications Administration, and made the will not adversely affect the wages and in the various ETA Regional Office certification pursuant to the Regulatory working conditions of similarly queues. Flexibility Act (RFA) at 5 U.S.C. 605(b), employed U.S. workers, DOL/ETA so To address the backlog, ETA funded that this interim final rule will not have certifies to the CIS and the Department a study to identify strategic options and a significant economic impact on a of State by issuing a permanent labor estimate costs. The study recommended substantial number of small entities. certification. See 20 CFR part 656; see establishing centralized processing The factual basis for that certification also section 212(a)(5)(A) of the INA, as centers to achieve the economies of is as follows: The interim final rule will amended. scale inherent in processing large affect only a portion of those employers On May 6, 2002, the Department numbers of applications in one location whose applications for permanent published a Notice of Proposed and in consolidating the functions employment certification are among the Rulemaking (NPRM) to substantially currently performed separately by the approximately 310,000 currently streamline part 656, which governs the SWAs and the ETA Regional Offices. backlogged applications, or who file an permanent labor certification program. Building upon this recommendation, application prior to the effective date of The proposed streamlined certification ETA initiated a pilot program testing the the regulations streamlining permanent regulation, which is expected to be feasibility of centralized processing, labor certification. The interim final rule finalized in 2004, will ‘‘implement a which indicated that substantial time will not add to or change paperwork new system for filing and processing’’ and economic savings could be requirements for employer applicants, permanent labor certification achieved. including small entities, but rather applications. Among other things, State Accordingly, this interim final rule create a means for consolidated Workforce Agencies will no longer amends part 656 by adding a new processing at centralized locations. receive or process applications as they section 656.24a to provide that the Consequently, the Department believes do under the current system, and National Certifying Officer (Chief, there will be no additional economic employers will be required to conduct Division of Foreign Labor Certification) burden on employer applicants, recruitment before filing applications. has the discretion to direct SWAs and including small entities within that The new processing system will apply ETA Regional Offices to transfer group. However, even assuming some to all applications for permanent labor pending labor certification applications impact on employers from the proposed certifications filed on or after the to centralized processing centers for changes, this impact will not fall ‘‘on a revised regulation’s effective date. completion of processing. The substantial number of small entities.’’ The interim final rule in this centralized processing centers will As noted, the universe of pending document does not alter the separate perform the required functions of the applications is approximately 310,000. streamlined certification regulation, but SWAs and ETA Regional Certifying Based on Department experience, we rather is focused on reduction of the Officers, consolidating steps now estimate that about forty percent of backlog of labor certification performed separately by the SWAs and permanent labor certification applications filed under existing the ETA Regional Offices to achieve applications are filed by employers who regulations with State Workforce efficiencies and economies of scale. The have submitted multiple applications. Agencies, as described in the next Chief will issue a directive to SWAs and Thus, the number of different employers section. The streamlined certification the ETA Regional Offices stating how submitting applications is regulation, once finalized, will stabilize pending applications are to be identified approximately 186,000 (310,000 × 60%). the backlog volume, since applications for centralized processing, and where We do not inquire about the size of will no longer be filed with a SWA on they are to be sent. The extent of employer applicants, however, the or after that regulation’s effective date centralized processing and the speed number of small entities applying is and streamlined procedures will govern. with which the current backlog will be certainly less than the applicant total reduced may vary based upon program and significantly below the potential III. Background priorities. universe of small businesses to which ETA’s Permanent Labor Certification the program is open. Because Program is currently experiencing an IV. Administrative Information applications come from employers in all enormous backlog in pending Executive Order 12866—Regulatory industry segments, we consider all applications for permanent employment Planning and Review: We have small businesses as the appropriate of alien immigrants. This backlog determined that this interim final rule is universe for comparison purposes. largely stems from amendments enacted not an ‘‘economically significant According to the Small Business in December 2000 to section 245(i) of regulatory action’’ within the meaning Administration’s publication The the INA. The amendments allow aliens of Executive Order 12866. The Regulatory Flexibility Act—An who entered the United States without procedures for backlog reduction will Implementation Guide for Federal inspection or who fall within certain not have an economic impact of $100 Agencies, there were 22,900,000 small statutory categories to adjust their status million or more because they will not businesses in the United States in 2002.

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In comparison to the universe of all is currently approved under OMB List of Subjects in 20 CFR Part 656 small businesses, the approximately control number 1205–0015. This interim 186,000 employers with pending final rule does not include a substantive Administrative practice and applications would represent at most or material modification of that procedure, Agriculture, Aliens, 0.8 percent of all small businesses collection of information, because it will Crewmembers, Employment, [(186,000 ) 22,900,000 = 0.008; 0.008 × not add to or change paperwork Employment and training, Enforcement, 100 = 0.8%)]. DOL asserts that 0.8% of requirements for employers applying for Forest and forest products, Fraud, small businesses does not represent a permanent labor certification, but rather Guam, Health professions, Immigration, significant proportion of small entities. creates a means for consolidated Labor, Longshore and harbor work, The Department welcomes comments processing at centralized locations. Migrant labor, Passports and visas, on this RFA certification. Accordingly, the Department believes Reporting and recordkeeping Unfunded Mandates Reform Act of the Paperwork Reduction Act is requirements, Students, Unemployment, 1995: This interim final rule will not inapplicable to this interim final rule. Wages, and Working conditions. result in the expenditure by State, local, The Department invites the public to I For the reasons stated in the Preamble, and tribal governments, in the aggregate, comment on its Paperwork Reduction the Employment and Training or by the private sector, of $100 million Act analysis. Administration, Department of Labor, or more in any one year, and it will not Publication as an Interim Final Rule: amends 20 CFR part 656 as follows: significantly or uniquely affect small The Department has determined that it governments. Therefore, no actions are is unnecessary and contrary to the PART 656—LABOR CERTIFICATION deemed necessary under the provisions public interest to publish this technical PROCESS FOR PERMANENT of the Unfunded Mandates Reform Act amendment to the permanent labor EMPLOYMENT OF ALIENS IN THE of 1995. certification regulations as a Notice of UNITED STATES Small Business Regulatory Proposed Rulemaking, with the delays Enforcement Fairness Act of 1996: This inherent to the process of publishing a I 1. The authority citation for part 656 interim final rule is not a major rule as continues to read as follows: defined by section 804 of the Small proposed rule, receiving and reviewing Business Regulatory Enforcement Act of comments, and clearing and publishing Authority: 8 U.S.C. 1182(a)(5)(A) and 1996 (SBREFA). The standards for a final rule. This interim final rule will 1182(p); 29 U.S.C. 49 et seq.; sec. 122, Pub. determining whether a rule is a major allow ETA’s Division of Foreign Labor L. 101–649, 109 Stat. 4978. Certification to take more rapid action to rule as defined by section 804 of I reduce the serious backlog in permanent 2. Part 656, subpart C, is amended by SBREFA are similar to those used to adding section 656.24a, to be placed determine whether a rule is an labor certification applications through transfer of applications from the SWAs immediately after section 656.24, to read ‘‘economically significant regulatory as follows: action’’ within the meaning of Executive and ETA Regional Offices to centralized Order 12866. Because we certified that processing sites. This processing change § 656.24a Centralized processing. this interim final rule is not an is based on results of a pilot program that demonstrated that centralized (a) To facilitate processing of economically significant rule under applications and elimination of Executive Order 12866, we certify that processing would create economic and time-saving efficiencies and speed backlogs, the National Certifying Officer it also is not a major rule under (Chief, Division of Foreign Labor SBREFA. It will not result in an annual reduction of the backlog. Centralized processing will not alter substantive Certification) may direct a SWA or an effect on the economy of $100 million ETA Regional Office to transfer to a non- or more; a major increase in costs or requirements for certification. It will not impose an additional burden on State centralized processing site some or prices; or significant adverse effects on all pending applications filed under part competition, employment, investment, employers who have filed permanent labor certification applications or on the 656. The Chief will issue a directive to productivity, innovation, or on the the SWAs and ETA Regional Offices ability of United States-based immigrant aliens on whose behalf applications have been filed. Rather, stating how pending applications are to companies to compete with foreign- be identified for centralized processing based companies in domestic and centralized processing is expected to benefit applicants by reducing and where they are to be transferred. For export markets. each transferred application, the Executive Order 13132—Federalism: anticipated processing time. For these centralized processing site will perform This interim final rule will not have a reasons, it would be contrary to the all required functions of the SWA (as substantial direct effect on the States, on public interest, as well as unnecessary; described in § 656.21) and the Regional the relationship between the National to delay implementation of this Certifying Officer (as described in Government and the States, or on the technical regulatory amendment to § 656.21 and § 656.24). distribution of power and establish centralized processing responsibilities among the various procedures. Therefore, the Department (b) If the labor certification presents a levels of government. Therefore, in finds pursuant to 5 U.S.C. 553(b)(3)(B) special or unique problem, the accordance with Executive Order 13132, that good cause exists for publishing centralized processing site, in we have determined that this interim this regulatory amendment as an interim consultation with or at the direction of final rule does not have sufficient final rule. While notice of proposed the National Certifying Officer, may federalism implications to warrant the rulemaking is being waived, the refer the application to the National preparation of a summary impact Department is interested in comments Certifying Officer for determination. If statement. and advice regarding this interim final the National Certifying Officer has Assessment of Federal Regulations rule. directed that certain types of and Policies on Families: This interim Catalogue of Federal Domestic applications or specific applications be final rule does not affect family well- Assistance Number: This program is handled in the national office, the being. listed in the Catalog of Federal Domestic centralized processing site shall refer Paperwork Reduction Act: The Assistance at Number 17.203, ‘‘Labor such applications to the National collection of information under part 656 Certification for Alien Workers.’’ Certifying Officer.

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Signed at Washington, DC, this 13th day of July, 2004. Emily Stover DeRocco, Assistant Secretary, Employment and Training Administration. [FR Doc. 04–16536 Filed 7–20–04; 8:45 am] BILLING CODE 4510–30–P

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Part VI

The President Memorandum of July 2, 2004—Delegation of Certain Reporting Authority Memorandum of July 8, 2004—Delegation of Responsibility Under Section 1523 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, as Amended Proclamation 7802—Captive Nations Week, 2004

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Federal Register Presidential Documents Vol. 69, No. 139

Wednesday, July 21, 2004

Title 3— Memorandum of July 2, 2004

The President Delegation of Certain Reporting Authority

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by section 4 of the Authorization for Use of Military Force Against Iraq Resolution of 2002, Public Law 107–243, and by section 3 of the Authorization for Use of Military Force Against Iraq Resolution, Public Law 102–1, to make the specified reports to the Congress. You are authorized and directed to publish this memorandum in the Federal Register. W THE WHITE HOUSE, Washington, July 2, 2004.

[FR Doc. 04–16755 Filed 7–20–04; 8:45 am] Billing code 4710–10–P

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Memorandum of July 8, 2004

Delegation of Responsibility under Section 1523 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, As Amended

Memorandum for the Secretary of State

By virtue of the authority vested in me by the Constitution and laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the President by section 1523 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261), as amended (the ‘‘Act’’). Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. You are authorized and directed to publish this memorandum in the Federal Register. W THE WHITE HOUSE, Washington, July 8, 2004.

[FR Doc. 04–16756 Filed 7–20–04; 8:45 am] Billing code 4710–10–P

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Proclamation 7802 of July 16, 2004

Captive Nations Week, 2004

By the President of the United States of America

A Proclamation

Each year during Captive Nations Week, the United States reaffirms our commitment to building a world where human rights, democracy, and free- dom are respected and protected by the rule of law. As Americans, we believe the nonnegotiable demands of human dignity must be upheld without regard to race, gender, creed, or nationality. We stand in solidarity with those living under repressive regimes who seek democracy and peaceful changes in their homelands. Throughout our Nation’s history, our brave men and women in uniform have fought for the freedom of those suffering under authoritarian govern- ments. From Nazi Germany to Bosnia, and Afghanistan to Iraq, American service members have fought to remove brutal leaders. The American people and their generous contributions have helped to rebuild traumatized nations and given the oppressed hope for the future. More than a year ago, American service members and our coalition partners freed the Iraqi people from a dictatorship that routinely tortured and executed innocent civilians. Since then, Americans have helped the Iraqi people establish institutions for the protection of human rights, based on democratic principles, to ensure that freedom will endure in the new Iraq. Earlier this summer, as our Nation paid respect to President Ronald Reagan, we recognized his contributions to ending the Cold War and advancing freedom around the world. In his first Inaugural Address, President Reagan said: ‘‘Above all, we must realize that no arsenal or no weapon in the arsenals of the world is so formidable as the will and moral courage of free men and women. It is a weapon our adversaries in today’s world do not have. It is a weapon that we as Americans do have.’’ These words carry forward today as we continue to push for democratic freedoms and human rights around the world. The Congress, by Joint Resolution approved July 17, 1959 (73 Stat. 212), has authorized and requested the President to issue a proclamation desig- nating the third week in July of each year as ‘‘Captive Nations Week.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim July 18 through July 24, 2004, as Captive Nations Week. I call upon the people of the United States to observe this week with appropriate ceremonies and activities and to reaffirm their commit- ment to all those seeking liberty, justice, and self-determination.

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IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of July, in the year of our Lord two thousand four, and of the Independence of the United States of America the two hundred and twenty-ninth. W

[FR Doc. 04–16757 Filed 7–20–04; 8:45 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 69, No. 139 Wednesday, July 21, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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. 299...... 39814 Presidential Documents 3 CFR Proposed Rules: Executive orders and proclamations 741–6000 Proclamations: 236...... 42901 7800...... 40299 The United States Government Manual 741–6000 241...... 42901 7801...... 41179 1236...... 42901 Other Services 7802...... 43727 1240...... 42901 Electronic and on-line services (voice) 741–6020 Executive Orders: 1241...... 42901 Privacy Act Compilation 741–6064 11269 (See EO Public Laws Update Service (numbers, dates, etc.) 741–6043 13345) ...... 41901 9 CFR TTY for the deaf-and-hard-of-hearing 741–6086 12163 (Amended by EO 13346)...... 41905 1...... 42089 2...... 42089 ELECTRONIC RESEARCH 12757 (Revoked by EO 13345)...... 41901 51...... 41909 World Wide Web 12823 (Revoked by 78...... 40763 Full text of the daily Federal Register, CFR and other publications EO 13345)...... 41901 93...... 43283 is located at: http://www.gpoaccess.gov/nara/index.html 13028 (Revoked by 94...... 41915 Proposed Rules: Federal Register information and research tools, including Public EO 13345)...... 41901 2...... 43538 Inspection List, indexes, and links to GPO Access are located at: 13131 (Revoked by 3...... 43538 http://www.archives.gov/federallregister/ EO 13345)...... 41901 13227 (Amended by 50...... 42288 E-mail EO 13346)...... 41905 51...... 41909, 42288 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13261 (Amended by 52...... 42288 an open e-mail service that provides subscribers with a digital EO 13344)...... 41747 53...... 42288 form of the Federal Register Table of Contents. The digital form 13344...... 41747 54...... 42288 of the Federal Register Table of Contents includes HTML and 13345...... 41901 55...... 42288 PDF links to the full text of each document. 13346...... 41905 56...... 42288 57...... 42288 To join or leave, go to http://listserv.access.gpo.gov and select Administrative Orders: 58...... 42288 Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandums: 59...... 42288 (orchange settings); then follow the instructions. Memorandum of June 29, 2004 ...... 40531 60...... 42288 PENS (Public Law Electronic Notification Service) is an e-mail Memorandum of July 61...... 42288 service that notifies subscribers of recently enacted laws. 5, 2004 ...... 42087 62...... 42288 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandum of July 63...... 42288 and select Join or leave the list (or change settings); then follow 2, 2004 ...... 43723 64...... 42288 the instructions. Memorandum of July 65...... 42288 FEDREGTOC-L and PENS are mailing lists only. We cannot 8, 2004 ...... 43725 66...... 42288 respond to specific inquiries. Presidential 67...... 42288 Determinations: 68...... 42288 Reference questions. Send questions and comments about the 69...... 42288 Federal Register system to: [email protected] No. 2004–38 of June 24, 2004 ...... 40305 70...... 42288 The Federal Register staff cannot interpret specific documents or No. 2004–39 of June 71...... 42288 regulations. 25, 2004 ...... 40761 72...... 42288 73...... 42288 7 CFR 74...... 42288 FEDERAL REGISTER PAGES AND DATE, JULY 16...... 41375 75...... 42288 39811–40304...... 1 301 ...... 40533, 41181, 42849, 76...... 42288 40305–40532...... 2 43511 77...... 40329, 42288 78...... 40556, 42288 40533–40762...... 6 916...... 41120 79...... 42288 40763–41178...... 7 917...... 41120 80...... 42288 41179–41374...... 8 930...... 41383 958...... 42850 81...... 42288 41375–41748...... 9 981...... 40534, 41907 82...... 42288 41749–41900...... 12 989...... 41385 83...... 42288 41901–42086...... 13 1435...... 39811 84...... 42288 42087–42328...... 14 Proposed Rules: 85...... 42288 42329–42548...... 15 39...... 40819 309...... 42288 42549–42848...... 16 924...... 42899 310...... 42288 42849–43282...... 19 1030...... 43538 311...... 42288 43283–43510...... 20 3402...... 41763 318...... 42288 43511–43728...... 21 319...... 42288 8 CFR 103...... 39814 10 CFR 214...... 39814, 41388 2...... 41749

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12 CFR 15 CFR 589...... 42288 913...... 42870 25...... 41181 736...... 42332 600...... 43351 Proposed Rules: 201...... 41388 738...... 41879 601...... 43351 18...... 42812 228...... 41181 742...... 42862 700...... 42275 48...... 42842 75...... 42812 345...... 41181 744...... 42332 22 CFR 563e...... 41181 748...... 42862 902...... 42920 609...... 42852 770...... 42862 41...... 43515 914 ...... 42927, 42931, 42937 611...... 42852 774...... 42862 121...... 40313 917...... 42939 612...... 42852 123...... 40313 920...... 42943 613...... 43511 16 CFR Proposed Rules: 943...... 42948 614 ...... 42852, 42853, 43511 305...... 42107 22...... 42913 32 CFR 615...... 42852 315...... 40482 24 CFR 617...... 42852 456...... 40482 61...... 43318 618...... 43511 Proposed Rules: 5...... 41712 260...... 42114 703...... 39827 680...... 43546 25...... 43504 Proposed Rules: 704...... 39827 682...... 41219 35...... 40474 635...... 41626 Proposed Rules: 698...... 41616 203...... 43504 Ch. I ...... 43347 570...... 41712 33 CFR Ch. II ...... 43347 17 CFR Proposed Rules: 100 ...... 41196, 42870, 43516 Ch. III ...... 43347 1...... 41424 81...... 39886 107...... 41367 Ch. V...... 43347 4...... 41424 570...... 41434 110...... 42335 Ch. VII...... 41202 31...... 41424 583...... 43488 117 ...... 41196, 41944, 42872, 41...... 42502 36...... 43285 42874, 42876 25 CFR 222...... 42502 140...... 41424 151...... 40767 303...... 43060 145...... 41424 170...... 43090 161...... 39837 325...... 43060 190...... 41424 Proposed Rules: 165 ...... 40319, 40542, 40768, 327...... 43060 200...... 41060, 41936 Ch. 1...... 39887, 43546 41196, 41367, 41944, 42115, 334...... 42502 230...... 43295 30...... 43547 42335, 42876 347...... 43060 240...... 41060 36...... 41770 Proposed Rules: 571...... 42502 249...... 41060 37...... 43547 165...... 40345, 42950 701...... 39871 270...... 41696 39...... 43547 717...... 42502 275...... 41696 42...... 43547 34 CFR 723...... 39873 279...... 41696 44...... 43547 75...... 41200 1412...... 41606 Proposed Rules: 47...... 43547 1...... 39880 48...... 41770 36 CFR 13 CFR 38...... 39880 228...... 41428 26 CFR Proposed Rules: 247...... 42302 242...... 40174 121...... 39874 1 ...... 41192, 42551, 42559, 251...... 41946 18 CFR 43302, 43304 261...... 41946 14 CFR 388...... 41190 31...... 41938 295...... 41946 25 ...... 40307, 40520, 40537, Proposed Rules: 157...... 41192 701...... 39837 42329 5...... 40332 301...... 41938, 43317 702...... 39837 36...... 41573 16...... 40332 602...... 41192, 41938 704...... 39837 39 ...... 39833, 39834, 39835, 156...... 40332 Proposed Rules: 705...... 39837 40309, 40539, 40541, 40764, 157...... 40332 1 ...... 42370, 42919, 43366, 800...... 40544 41189, 41389, 41391, 41394, 385...... 40332 43367 Proposed Rules: 41396, 41398, 41401, 41403, 26...... 42000 7...... 40562 41405, 41407, 41410, 41411, 19 CFR 49...... 40345 212...... 42381 41413, 41414, 41417, 41418, 101...... 41749 301...... 43369 251...... 42381 41419, 41421, 41920, 41923, 261...... 42381 27 CFR 41925, 41926, 41928, 41930, 20 CFR 294...... 41636 42549, 42855, 42858, 42860, 656...... 43716 9...... 41750 295...... 42381 42861 667...... 41882 28 CFR 71 ...... 39837, 40310, 40542, 670...... 41882 37 CFR 41189, 42331 Proposed Rules: 302...... 41943 Proposed Rules: 97...... 41934 404...... 40338 506...... 40315 202...... 42004 383...... 41423 416...... 40338 540...... 40315 211...... 42004 1260...... 41935 667...... 41769 Proposed Rules: 212...... 42004 1274...... 41935 1001...... 40724 550...... 39887 270...... 42007 1275...... 42102 21 CFR 29 CFR Proposed Rules: 39 ...... 39875, 39877, 40819, 17...... 43299 2...... 41882 38 CFR 40821, 40823, 41204, 41207, 110...... 40312 37...... 41882, 41894 1...... 39844 41209, 41211, 41213, 41985, 172...... 40765 4022...... 42333 3...... 42879 41987, 41990, 41992, 41994, 189...... 42256 4044...... 42333 17...... 39845 41997, 42356, 42358, 42360, 510...... 40765, 41427 Proposed Rules: 42363, 42365, 42368, 41612, 520...... 41427 37...... 41769 39 CFR 42912 522...... 40765 1910...... 41221 3...... 42340 71 ...... 40330, 40331, 41215, 524...... 40766, 41427 1915...... 41221 265...... 39851 41216, 41218 700...... 42256 1917...... 41221 73...... 43539 Proposed Rules: 1918...... 41221 40 CFR 121...... 42324 56...... 40556 1926...... 41221, 42379 9...... 41576 125...... 42324 189...... 42275 51 ...... 40274, 40278, 42560 135...... 42324 312...... 43351 30 CFR 52 ...... 39854, 39856, 39858, 243...... 43540 314...... 43351 3...... 42112 39860, 40274, 40278, 40321,

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40324, 41336, 41431, 42340, 81...... 41344 47 CFR 193...... 41761 42560, 42880, 43319, 43518, 131...... 41720 0...... 41130 544...... 41974 43520, 43522 180 ...... 40831, 41442, 43548 1 ...... 39864, 40326, 41028, 571...... 42595 60 ...... 40770, 41346, 42117 239...... 41644 41130 572...... 42595 61...... 43322 257...... 41644 27...... 39864 Proposed Rules: 62...... 42117 261...... 42395 64...... 40325 571...... 42126 63 ...... 39862, 41757, 42885 271...... 40568 73 ...... 39868, 39869, 40791, 81 ...... 39860, 41336, 43522 42 CFR 41432, 42345, 42897, 43533, 93...... 40004, 43325 43534 50 CFR 122...... 41576 414...... 40288 90...... 39864 17...... 40084, 40796 123...... 41576 95...... 39864 124...... 41576 43 CFR 100...... 40174 Proposed Rules: 125...... 41576 3830...... 40294 216...... 41976 54...... 40839 223...... 40734 147...... 42341 3834...... 40294 64...... 42125 229...... 43338 152...... 39862 Proposed Rules: 73 ...... 39893, 41444, 42956, 622...... 41433 154...... 39862 1600...... 43378 42957, 43552, 43553 158...... 39862 101...... 40843 635...... 40734, 43535 159...... 39862 44 CFR 648 ...... 40850, 41980, 43535 168...... 39862 64...... 40324, 42584 48 CFR 660 ...... 40805, 40817, 42345, 178...... 39862 Proposed Rules: Proposed Rules: 43345 180 ...... 40774, 40781, 42560, 67...... 40836, 40837 2...... 43712 679 ...... 41984, 42122, 42345, 43525 7...... 43712 43536, 43537 194...... 42571 45 CFR 11...... 43712 Proposed Rules: 239...... 42583 74...... 42586 16...... 40514, 43712 17 ...... 41445, 43058, 43554, 257...... 42583 87...... 42586 37...... 43712 43664 710...... 40787 92...... 42586 39...... 40514, 43712 20...... 43694 Proposed Rules: 96...... 42586 45...... 42544 32...... 42127 51...... 41225 Proposed Rules: 52...... 42544 224...... 41446 52 ...... 39892, 40824, 41344, 30...... 42010 533...... 40730 41441, 43370, 43371 33...... 42022 552...... 40730 300...... 41447 60 ...... 40824, 40829, 42123, 46...... 40584 402...... 40346 43371 49 CFR 648...... 41026 62...... 42123, 41641 46 CFR 37...... 40794 660...... 40851, 43383 63...... 41779, 42954 296...... 43328 172...... 41967 679...... 41447, 42128

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REMINDERS further notice; published ENVIRONMENTAL by 7-26-04; published The items in this list were 5-28-04 [FR 04-12138] PROTECTION AGENCY 6-24-04 [FR 04-14218] editorially compiled as an aid Nectarines and fresh pears Air pollution control: National priorities list to Federal Register users. and peaches grown in— Fuel economy testing and update; comments due Inclusion or exclusion from California; comments due by calculation procedures; by 7-26-04; published this list has no legal 7-27-04; published 5-28- Bluewater Network 6-24-04 [FR 04-14217] significance. 04 [FR 04-12137] petition; comments due by Water pollution; effluent Raisins produced from grapes 7-27-04; published 3-29- guidelines for point source grown in— 04 [FR 04-06827] categories: RULES GOING INTO California; comments due by Air programs: Meat and poultry products EFFECT JULY 21, 2004 7-26-04; published 5-25- Ambient air quality processing facilities; Open 04 [FR 04-11742] standards, national— for comments until further ENVIRONMENTAL notice; published 12-30-99 COMMERCE DEPARTMENT Fine particulate matter PROTECTION AGENCY [FR 04-12017] International Trade and ozone; interstate Pesticides; tolerances in food, Administration transport control FEDERAL animal feeds, and raw measures; comments COMMUNICATIONS Watches, watch movements, agricultural commodities: due by 7-26-04; COMMISSION and jewelry: Acequinocyl, etc.; published published 6-10-04 [FR Common carrier services: Duty-exemption allocations— 7-21-04 04-11923] International HOUSING AND URBAN Virgin Islands, Guam, Air quality implementation telecommunications; U.S. DEVELOPMENT American Samoa, and plans; √A√approval and providers; reporting DEPARTMENT Northern Mariana promulgation; various requirements; comments Islands; comments due Lead-based paint hazards in States; air quality planning due by 7-26-04; published by 7-30-04; published purposes; designation of 5-25-04 [FR 04-10837] federally owned residential 6-30-04 [FR 04-14854] property and housing areas: Radio broadcasting: COMMERCE DEPARTMENT receiving Federal Missouri; comments due by Broadcast and cable EEO assistance; notification, National Oceanic and 7-30-04; published 6-30- rules and policies— Atmospheric Administration evaluation, and reduction; 04 [FR 04-14701] Revision; comments due published 6-21-04 Fishery conservation and Air quality implementation by 7-29-04; published STATE DEPARTMENT management: plans; approval and 7-22-04 [FR 04-16602] Visas; nonimmigrant West Coast States and promulgation; various Radio frequency devices: Western Pacific States: documentation: Unlicensed operation in fisheries— Crew list visas; elimination; Illinois; comments due by 7- 3650-3700 MHz band; published 7-21-04 Pacific Coast groundfish; 28-04; published 6-28-04 comments due by 7-28- comments due by 7-28- [FR 04-14382] TRANSPORTATION 04; published 5-14-04 [FR 04; published 6-29-04 DEPARTMENT Maryland; comments due by 04-11007] [FR 04-14717] 7-29-04; published 6-29- Federal Aviation FEDERAL ELECTION Marine mammals: 04 [FR 04-14602] Administration COMMISSION Incidental taking— New Jersey; comments due Airworthiness directives: Bipartisan Campaign Reform by 7-28-04; published 6- Boeing; published 6-16-04 U.S. Navy; operations of Act; implementation: Surveillance Towed 28-04 [FR 04-14605] Coordinated and Correction; published 7-8- Array Sensor System Virginia; comments due by independent expenditures 04 Low Frequency Active 7-26-04; published 6-24- by party committees; Empresa Brasileira de Sonar; comments due 04 [FR 04-14214] comments due by 7-30- Aeronautica S.A. by 7-29-04; published Environmental statements; 04; published 6-30-04 [FR (EMBRAER); published 6- 6-29-04 [FR 04-14718] availability, etc.: 16-04 04-14817] COURT SERVICES AND Coastal nonpoint pollution FEDERAL RESERVE TRANSPORTATION OFFENDER SUPERVISION control program— DEPARTMENT SYSTEM AGENCY FOR THE Minnesota and Texas; Federal Highway DISTRICT OF COLUMBIA Collection of checks and other Open for comments items by Federal Reserve Administration Semi-annual agenda; Open for until further notice; banks and funds transfers Engineering and traffic comments until further published 10-16-03 [FR through Fedwire (Regulation operations: notice; published 12-22-03 03-26087] J): Uniform Traffic Control [FR 03-25121] Pesticides; tolerances in food, Check Clearing for the 21st Devices Manual for DEFENSE DEPARTMENT animal feeds, and raw Century Act— streets and highways; agricultural commodities: Federal Acquisition Regulation Check processing service revision; published 5-10- (FAR): Imidacloprid; comments due 04 options; collection of Payment withholding; by 7-26-04; published 5- substitute checks and comments due by 7-26- 26-04 [FR 04-11780] items converted to COMMENTS DUE NEXT 04; published 5-25-04 [FR Isoxadifen-ethyl; comments electronic form; WEEK 04-11736] due by 7-26-04; published comments due by 7-26- ENERGY DEPARTMENT 5-26-04 [FR 04-11561] 04; published 6-18-04 AGRICULTURE Federal Energy Regulatory Ultramarine blue; comments [FR 04-13147] DEPARTMENT Commission due by 7-26-04; published FEDERAL TRADE 5-26-04 [FR 04-11672] Agricultural Marketing Electric rate and corporate COMMISSION Service regulation filings: Superfund program: Fair and Accurate Credit Cotton classing, testing and Virginia Electric & Power National oil and hazardous Transactions Act; standards: Co. et al.; Open for substances contingency implementation: Classification services to comments until further plan— Consumer report information growers; 2004 user fees; notice; published 10-1-03 National priorities list and records; disposal; Open for comments until [FR 03-24818] update; comments due comments due by 7-30-

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04; published 7-8-04 [FR Findings on petitions, etc.— 2003 Annual Product session of Congress which 04-15579] Greater sage-grouse; Review, 2002 Annual have become Federal laws. It GENERAL SERVICES comments due by 7-30- Country Practices Review, may be used in conjunction ADMINISTRATION 04; published 7-9-04 and previously deferred with ‘‘PLUS’’ (Public Laws Federal Acquisition Regulation [FR 04-15588] product decisions; Update Service) on 202–741– (FAR): Endangered Species Act: petitions disposition; Open 6043. This list is also for comments until further available online at http:// Payment withholding; Incidental take permit notice; published 7-6-04 www.archives.gov/ comments due by 7-26- revocation regulations; [FR 04-15361] federal 04; published 5-25-04 [FR comments due by 7-26- —register/public—laws/ 04-11736] 04; published 5-25-04 [FR TRANSPORTATION public—laws.html. DEPARTMENT HEALTH AND HUMAN 04-11741] Federal Aviation SERVICES DEPARTMENT Hunting and fishing: The text of laws is not Administration published in the Federal Food and Drug Refuge-specific regulations; Airworthiness directives: Register but may be ordered Administration comments due by 7-30- Raytheon; comments due by in ‘‘slip law’’ (individual Public Health Security and 04; published 6-30-04 [FR 7-26-04; published 5-26- pamphlet) form from the Bioterrorism: 04-13897] 04 [FR 04-11877] Superintendent of Documents, Correction; comments due Food importation; sampling Class E airspace; comments U.S. Government Printing by 7-30-04; published services and private due by 7-26-04; published Office, Washington, DC 20402 7-14-04 [FR 04-15860] laboratories requirements; 5-25-04 [FR 04-11788] (phone, 202–512–1808). The comments due by 7-28- INTERIOR DEPARTMENT Restricted areas; comments text will also be made 04; published 4-29-04 [FR Watches, watch movements, due by 7-26-04; published available on the Internet from 04-09699] and jewelry: 6-9-04 [FR 04-12969] GPO Access at http:// Reports and guidance Duty-exemption allocations— TRANSPORTATION www.gpoaccess.gov/plaws/ documents; availability, etc.: Virgin Islands, Guam, DEPARTMENT index.html. Some laws may Evaluating safety of not yet be available. American Samoa, and National Highway Traffic antimicrobial new animal Northern Mariana Safety Administration drugs with regard to their Islands; comments due Motor vehicle safety H.R. 4103/P.L. 108–274 microbiological effects on by 7-30-04; published standards: bacteria of human health 6-30-04 [FR 04-14854] AGOA Acceleration Act of concern; Open for Potential defects; quarterly NATIONAL AERONAUTICS 2004 (July 13, 2004; 118 Stat. comments until further early warning reports; AND SPACE 820) notice; published 10-27-03 submission due dates; ADMINISTRATION comments due by 7-29- [FR 03-27113] H.R. 1731/P.L. 108–275 Federal Acquisition Regulation 04; published 6-29-04 [FR HOMELAND SECURITY (FAR): 04-14699] DEPARTMENT Identity Theft Penalty Payment withholding; Registration of importers Enhancement Act (July 15, Coast Guard comments due by 7-26- and importation of motor 2004; 118 Stat. 831) Anchorage regulations: 04; published 5-25-04 [FR vehicles not certified as Maryland; Open for 04-11736] conforming to Federal Last List July 9, 2004 comments until further NUCLEAR REGULATORY standards; fees schedule; notice; published 1-14-04 COMMISSION comments due by 7-26- [FR 04-00749] 04; published 6-9-04 [FR Environmental statements; Ports and waterways safety: 04-12722] availability, etc.: Public Laws Electronic Atlantic Ocean, Chesapeake TREASURY DEPARTMENT Fort Wayne State Notification Service and Delaware Canal, Fiscal Service Developmental Center; (PENS) Delaware Bay, Delaware Treasury certificates of River, et al.; security Open for comments until further notice; published indebtedness, notes, and zone; comments due by bonds; State and local 7-28-04; published 6-28- 5-10-04 [FR 04-10516] government series: PENS is a free electronic mail 04 [FR 04-14562] SMALL BUSINESS Securities; electronic ADMINISTRATION notification service of newly Port Valdez and Valdez submission of enacted public laws. To Disaster loan areas: Narrows, AK; security subscriptions, account subscribe, go to http:// zones; comments due by Maine; Open for comments information, and listserv.gsa.gov/archives/ 7-30-04; published 5-19- until further notice; redemption; updates; publaws-l.html 04 [FR 04-11232] published 2-17-04 [FR 04- comments due by 7-27- 03374] 04; published 7-12-04 [FR INTERIOR DEPARTMENT Note: This service is strictly 04-15607] Fish and Wildlife Service OFFICE OF UNITED STATES for E-mail notification of new Endangered and threatened TRADE REPRESENTATIVE laws. The text of laws is not species: Trade Representative, Office LIST OF PUBLIC LAWS available through this service. Beluga sturgeon; comments of United States PENS cannot respond to due by 7-29-04; published Generalized System of This is a continuing list of specific inquiries sent to this 6-29-04 [FR 04-14795] Preferences: public bills from the current address.

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